Montana is not the only state that has a huge problem with the mentally ill.
The largest mental-health facilities in the United States are not hospitals — they are jails: in L.A. County, in Chicago’s Cook County, and on New York’s Rikers Island. Locally on any given day, the Hennepin County Medical Center Psychiatric Inpatient facility holds fewer mentally ill individuals than we hold in the Hennepin County jail, and quite frankly, many of these folks do not belong in our jail.
Over 35,000 inmates each year are booked into the Hennepin County jail. The Sheriff’s Office manages and operates the jail, and is responsible for the safe and secure custody of approximately 750 inmates each day as they await the resolution of their criminal charges by the court. We provide food and required medical care. We securely transport inmates to court appearances and to other facilities as determined by the courts. We estimate that as many as 25 percent to 30 percent of inmates suffer from mental illness.
The jail has medical and nursing staff who regularly check on inmates and provide prescribed medications and mental-health screenings. The Sheriff’s Office created a mental-health unit to allow for appropriate identification and placement of inmates with mental illness. Sheriff’s Office personnel receive extensive training on custody and safety issues for mentally ill inmates. The program has won a national award for its innovative and humane approach.
Even so, we know that a jail is not the right place to house the mentally ill for extended periods of time. In particular, I am concerned about criminal defendants with persistent and severe mental illness who have been determined by the court to be incompetent to stand trial, and those who have been civilly committed for up to six months at a time (because they are mentally ill and a danger to themselves or others). These inmates have been evaluated by licensed psychologists and have been ordered to the care and custody of the Minnesota State Department of Human Services (DHS). Yet, the Sheriff’s Office often is unable to make transfers, because there is a shortage of space at a suitable treatment facility. As a result, many of the mentally ill inmates stay in our jail for weeks and even months awaiting transfer and placement.
As an example, “T,” a 28-year-old male, was arrested by Richfield police and charged with felony possession of a firearm; he was booked into the jail in July. He suffers from grossly disturbed behavior and faulty perceptions, and he poses a substantial likelihood of causing physical harm. He was evaluated by a court-appointed forensic psychologist and was determined by the court in mid-August to be incompetent to stand trial. After further evaluation, the criminal charges against T were stayed in late October, and he was committed by order of the court to the custody of the Commissioner of Human Services for inpatient hospitalization for six months.
If you browse throughout this website, here in Montana we have a severe problem with this issue. Inmates that are yanked cold turkey off of much needed medication. Inmates that are driven to the brink of despair in how our Montana system is medically treating them, many that have committed suicide. Inmates or patients being flip flopped between mental hospitals and prisons. More organizations and more Montana citizens are standing up to this ever growing challenge. We are being the voice for those whose voices cannot be heard.
America, we have a problem. Montana we can do our part to correct it in our state. Especially since we seem to thrive on locking citizens up for profit. Why is our incarceration rate higher than any state around us? With us only having a population of 1 million?
Currently our Montana prison and jail systems use solitary confinement when dealing with people who have a mental illness. We have over 340 plus inmates with a mental illness at Montana State Prison, limited beds for people with mental illness – 25 total, 12 or 13 on the low side, 12 on the high side.
Low side receives mental health services from staff from the Montana State Hospital, but the majority of the inmates with mental illness are on the high side, and receive limited (maybe meds) or no services. There is a disparity of services and treatment towards high side inmates with mental illnesses.
This will probably be one of the most contentious topics at the upcoming legislation. Reason for it – cost – more to implement start up services and facilities, than what we have been doing.
Our State and correctional system has been reverting back to the 18th century on how we handle people with mental illnesses – perverse and cruel punishment by not giving the medical mental health services and treatment they need.
The teenage prisoner couldn’t take the isolation of solitary confinement. The 23 hours each day with no human contact exacerbated his mental illness. Suicide seemed the only way out. He bit through the veins in his wrists in a desperate attempt to end his suffering.
Thankfully the ACLU of Montana was able to get Raistlen Katka out of solitary confinement at Montana State Prison, and to win a settlement that means no other minors will have to endure the months on end of solitary confinement that Raistlen did.
But solitary confinement is still in use for adult prisoners in Montana and other states. On any given day, more than 80,000 American prisoners are locked in isolation.
On Thursday, November 15 attend a free program in Missoula on how solitary confinement harms prisoners, how that hurts us as a society and how we can reduce its use.
Participants will hear from prisoners, corrections officials and psychiatrists in the 50-minute National Geographic documentary “Solitary Confinement.”
They will then hear from Eldon Vail, former Secretary of the Washington State Department of Corrections, about how prisons can move more inmates out of solitary confinement and into the general population and about the special needs of mentally ill prisoners. Vail has 35 years of experience in corrections and has directly overseen three prisons. There will be the opportunity for questions.
Corrections officials argue that solitary confinement is necessary to maintain safety and order and that the practice modifies prisoner behavior. But experience shows solitary confinement modifies inmate behavior in unwanted and damaging ways. Deprived of any meaningful human contact, prisoners suffer from anxiety, depression, paranoia and sometimes even hallucinations. They often complete their prison sentences in solitary and are released directly into society with little or no ability to cope with other people. Many end up back in prison.
Well, we have finally discovered another major reason for the Montana prison system being so clogged up. It is not just the fact that those who have been revoked on probation have to re-take the CP&R program again and are put on the list of first priority. Thus pushing the inmate population on a longer waiting period. It has come to our attention that this program that was developed by Montana State Prison does not have the staff to implement the program. Apparently one of their therapists was fired, from an outside source, for teaching the course without the appropriate credentials. We are at this time checking on that “outside source”.
How can it be mandated to take classes that they do not even have therapists for? Why would a prison create a program that apparently is not working? They do not have the resources available and they have a 94% recidivism rate with these inmates already having completed the program once. How many times does the taxpayer have to pay for these programs to be taken? If this doesn’t sound like a major money making racket, I don’t know what does.
At the same time there are those that have taken SOP1 which teaches the very same thing as the CP&R with a few more or a few less points. Might be the reason that Montana Department Of Corrections is stating that they have changed the CP&R to be taught with SOP2. It not only allows the Montana Board Of Pardons And Parole to add “enhancements” to an inmates sentence but they are getting extra money from the taxpayers by continuing to add these classes in a longer time frame. So, you have Blair Hopkins teaching all of these classes? With over 1400 inmates?
Here is their definition of the CP&R program:
Cognitive Behavioral Programming:
Cognitive Principles and Restructuring (CP&R) is a program that was developed by the Montana State Prison, and has achieved impressive outcome results. CP&R is conducted five days per week for approximately 1.5 hours per session. This component is delivered in both individual and group settings by trained staff.
see the behavior to change;
identify the thinking behind the behavior;
identify the patterns and cycles of that thinking;
detail the underlying attitudes and beliefs that drive the thinking;
develop interventions, controls and alternative ways of thinking;
Now why do they need inmates to take this program if they have already learned the same principles in SOP1? This is a certain segment of the population that could reduce costs to the Montana taxpayers.
Here are the ads we found showing that there is a major need for therapists within the Department of Corrections. Actually we encourage anyone with the qualifications to please apply as we have a system that has become clogged up with inmates throughout Montana waiting to go through these programs and cannot be released until that happens. Not even those that are being mandated to take duplicated programs.
Position Title:
Clinical Therapist –Reposted
*Applications must be received by Midnight Mountain Time on the closing date.Listing Number:8434-1210F For more information contact:State Agency:
Corrections
600 Conley Lake Rd.
Deer Lodge, MT 59722 Phone:(406)846-1320 2202 Fax:(406)846-2950 TTY:Montana Relay Service at 711 E-mail:whislop@mt.gov- OR -
Duties include professional psychological testing, counseling groups, conducting sex offender programming therapy sessions, interviewing inmates for psychosexual evaluation and recommendation purposes, emergency evaluations and management, psycho diagnosis, case management, working with Case Managers and contracted professionals, psychological consultation to the institution.
Montana at http://www.mt.gov - Montana‘s Official State Website; learn more about the … for prison employees is required. MontanaStatePrison is tobacco free. All employees…
for prison employees is required. MontanaStatePrison is tobacco free. All employees … organizing information on all inmates at the MontanaStatePrison. Maintains…
Inmates move among the prisons for a number of reasons. An inmate could be moved from MSP to Crossroads or a regional prison because:
MSP has reached capacity and another prison has some empty beds. An inmate does not have immediate needs for special services at MSP such as medical, dental,
mental health and sex offender treatment.
Separation needs; an inmate has problems getting along with other inmates at his custody level. An inmate at MSP should be at a lower custody level but no room at that level is available at MSP An inmate wants to enroll in a program offered elsewhere, such as the virtual welding course at Glendive or the dog-training program at Shelby.
(Remember in June of this year the instructor was caught having sex with inmates in her dog-training program and blackmailing the other inmates?)
Moving an inmate will improve his behavior in relation to staff or other inmates. An inmate might move to MSP because:
He needs specialized treatment as a sex offender or for chemical dependency.
He wishes to participate in an industries program.
He needs medical attention available only through the infirmary.
He requires placement in a higher custody level that is not available elsewhere.
He requires more intense mental health treatment.
The cost per day at the prisons varies due to the disparity in the services and programming provided and the custody levels of the inmates housed there. The cost per day at Crossroads is $63.98 for each inmate. The cost per day at Montana State Prison is $94.19. The higher rate is because MSP functions, to a great extent, as a special-needs facility in the Montana prison network.
MSP has specialized programs and services that are not available elsewhere. It has:
A full infirmary that is capable of providing inmates with extensive and chronic medical and dental needs
Intensive treatment units for chemical dependent and methamphetamine-addicted inmates
Sex offender treatment
Treatment for inmates with serious mental health issues
Capability of housing the highest-custody inmates, which requires higher staffer levels
The Montana Department of Corrections is having you to believe that they are offering all of this with an enormous success rate. But that is not the truth, they can’t and don’t offer it. As you can see documented in all of the articles on this very website.
They move these inmates around the state without the personnel for these programs and the mental health and the extensive medical and dental needs is a joke. Sounds like a good way to keep milking the system and the public.
Prison budget
A budget hearing in early 2011 brought up the idea of prisons earning their own money rather than relying on taxpayer funds. Members of the panel asked about privatizing some services at prisons and how could the state increase restitution payments from prisoners.
State prison officials told the joint subcommittee on Judicial Branch, Law Enforcement and Justice that the department would need $170 million in 2012 and $180 million in 2013 to operate. There are about 12,000 people who are wards of the state in Montana with 8,000 of those on paroled supervision, officials said.
“Montana is tough on crime,” Gov. Schweitzer’s Budget Director David Ewer said. “We’re very compassionate people but we’re tough.”
Rep. Kenneth Peterson asked if privatizing some services had been considered and Ewer did not offer him much hope.
“We believe it is appropriate for government employees to deliver something as important as public safety,” Peterson said.
Peterson pointed out that the administration of Gov. Schweitzer does not traditionally advocate for private prisons or for shipping prisoners out of Montana to other facilities.
Mike Ferriter, director of the Department of Corrections, said it cost the private-run prison in Shelby $67.86 a day to keep a prisoner whereas Montana state prisons have a cost of $87.91 a day.
However, Ferriter added, Montana State Prison was becoming a prison that dealt with people who were sex offenders or had medical issues.
Peterson said he’d be interested in privatizing some prison services, but would not push the issue.
“I thought it would be good for the agency (DOC) to pursue,” Peterson said, adding that the state could privatize the prison ranch in Deer Lodge and send low-level offenders there to work.
Rep. Michael More suggested the DOC look at ways to make prisoners pay restitution for their own incarceration.
Privatized prisons is not the way to go. I don’t know where Rep. Kenneth Peterson has done his research but this is the least favorable avenue. The nation is in an uproar over corporations owning prisons. Their profits based on how many they have locked up. Yet remember that these kind of organizations lobby and spend millions for this very thing.
And the comment from our own Governor Brian Schweitzer’s Budget Director…“Montana is tough on crime,” Gov. Schweitzer’s Budget Director David Ewer said. “We’re very compassionate people but we’re tough.” This is a real laugh. What has Governor Schweitzer done to even check up about these prison camps? That is not compassion when you allow a judicial system to run rampant, declaring war on Montana citizens. To allow the incarceration rate to skyrocket without even researching into it. To allow inmates to commit suicide at an alarming rate, for officers to commit felonies in these prisons and there is no “real” investigations taking place. Nor is there any “change” within the system.
We have found other out of state websites calling Montana ”Montana House Of Shame” even though Governor Brian Schweitzer keeps repeating how popular of a governor he is. Not everyone in the nation thinks so.
Remember the two departments that say they work only in administrative purposes, yet we discovered by their own “meeting minutes” how involved they are with each other, The Montana Families.
Montana taxpayers, it is time for change. We cannot continue sticking our heads in the sand. Wake up!
Board of Pardons and Parole and Department of Corrections
CCCS, Inc. 471 E. Mercury St.
Butte, Mt 59701
March 17, 2010
The meeting attendees expressed their thanks to Mike Thatcher and staff for
extending the invitation to use the corporate facilities for the meeting as well as
providing snacks and lunch for the group. Thank you so much.
Board members in attendance were: Chairman Mike McKee, Sam Lemaich, John Ward, Margaret Hall-Bowman, and Teresa McCann-O’Connor Board member absent were: John Rex and Darryl Dupuis
Board staff in attendance were: Executive Director Craig Thomas, Senior Parole Board Analyst Julie Thomas, Parole Board Analyst Fern Osler, Parole Board Analyst Brain Callarman, Parole Board Analyst John Cameron, and Parole Board Analyst Christine Slaughter
Department of Corrections staff in attendance were: Department of Corrections Director Mike Ferriter, Montana Women’s Prison Warden Jo Acton, Montana Men’s Prison Warden Mike Mahoney, Adult Community Corrections Division Administrator Pam Bunke, Legal Counsel to Director Diana Koch, and Executive Assistant to the Director Myrna Omholt-Mason
Guest: Governor’s Policy Advisor on Health and Families Eve Franklin
Review of old business – meeting summary of October 14, 2009
Correction made to male jail hold should have read “decrease” of 12%.
Population Projections:
Ms. Bunke said the population growth remains flat in her programs, Warden
Acton reported that her facility is currently below capacity, and Warden Mahoney said
the male jail hold numbers will increase due to ADA construction projects that are
currently join on in cell blocks.
Length of Stay (LoS):
Ms. Acton reported that average LoS at MWP is 18 months and is increasing
from the statistics reported in October 2009. Female offenders suffering from mental
and serious medical issues are increasing the LoS. Warden Mahoney is seeing an
increase of adjudicated teens coming into the system as adults. Gang culture is
appealing to youth and causing security challenges for MSP.
DUI/Sex Offenders:
Ms. Bunke said the Law & Justice Interim committee will meet on April 5 and 6.
SJR 39 – DUI study as well as sex offender placement challenges will be discussed.
Dr. Tim Conley did a study titled Assessing Montana’s Multiple Offender Drunk Drivers
for Prevention Strategy Ideas. The study is posted on the DOC’s Intranet site for review.
One of the findings from Dr. Conley’s research showed that offenders want a longer
period of treatment after being charged with their first DUI.
Placement of sex offenders (SO’s) is still problematic. Only two prerelease
centers, Billings and Missoula, accept SO’s. A panel comprised of DOC staff and
community based program staff will present their views to the committee on April 6
regarding placement of SO’s into the community. The panel will stress that the SO’s
going to the prerelease centers are Level One’s. Butte and Bozeman prerelease center
will not take SO’s and Great Falls is taking the issue under advisement with no firm
decision made as yet. Mr. Ferriter recommended a representative of BOPP also attend
the meeting to give BOPP’s perspective.
Sex Offenders 46-18-207(4) MCA: Ms. Koch read the statute and it says in part…“during an offender’s term of commitment to the department of corrections or a state prison, the department may place the person in a residential sexual offender treatment program approved by the department under 53-1-203.” The Intensive Treatment Unit at MSP is not classified as
a residential treatment program. Offenders at MSP attend SO treatment as well as
participating in other programming/jobs as opposed to WATCh which is an eight hour
per day treatment module. The expanded Work and Re-entry Center (formally the Work
Dorm) could be utilized as a specialized residential treatment program therefore
lessening the offender population that is currently treatment complete but still housed
behind the double-wire.
Community Corrections Interventions for High-Risk Offenders in Rural Montana: Ms. Bunke said that eight full time P&P officers have been hired. Five of the
officers will be specialized in working with Native American offenders and three will work
with offenders that have co-occurring issues (chemical dependency and mental health).
A federal Department of Justice field auditor will be in Helena in mid-March to review
the management of the grant. One of the goals is to meld Native American strategies
into treatment programming.
Craig Thomas said the grant will now give the Board the tools to specifically
parole offenders to one of the specialized officers.
2E-Rim Project:
Mr. Thomas reported little progress has been made with the project. Funding is
a problem as well as file storage. CITRIX and OMIS access for all Board members has
to be grated and the correct computer access program hasn’t been installed on the
laptop computers used by the Board. Electronic records are stored in a program called
FileNet through the Department of Administration. DofA charges large sums of money
for storage and those expenditures are not in the DOC budget. Mr. Thomas also said
that wireless connectivity in correctional facilities is also a problem due to how the
facilities were constructed (ex. concrete walls).
CDFS(Conditional Discharge from Supervision):
Mr. Thomas said that in the last ten years 20 parolees have been discharged from
supervision. The goal of CDFS was to reduce the P&P officer’s caseload by rewarding
offenders for completing the terms of his/her sentence. CDFS requires more effort on
behalf of the officer as the officer has to approach the Board and request a CDFS. The
conditions pertaining to offenders on probation or parole status have changed due to
updating the Administrative Rules relating to conditions of probation or parole. The
existing Administrative Rule 20.25.704 dealing with conditional discharge from
supervision has been re-worded when Mr. and Mrs. Thomas met with Ms Koch regarding
updating Chapter 25 – Board of Pardons and Parole – in the Administrative Rules of
Montana. Mr. Thomas said the Board’s goal is to be compliant with ACA Standard 2-
APA-1125 which states “if not discharged after one year of release on parole or the
statutory minimum period, the parolee may request a discharge review by the authority.”
Mr. Thomas stated the current ARM statute on conditional discharge from supervision
does not have any bearing on parole. The P&P officer can recommend CDFS but the
Board does not have to approve – offenders do not have the right to parole.
ADMINISTRATIVE RULES: Mr. McKee stated that is has been 11 years since the administrative rules
governing the Board have been reviewed. The meeting summary of October 2009
reflected that the rules will be reviewed and amended to accurately reflect the Board’s function.
Craig and Julie Thomas and Diana Koch have met and new rules have been drafted.
The proposed changes have been sent to the Board members for their review.
If changes to the working document need to be made, please submit the suggested
changes to Mr. Thomas by the first week in May. A video conference will be scheduled
in May to review the final document before submission to the Legislative Services rule
reviewer, Valencia Lane. Diana Koch talked about the protocol through the Secretary of
State’s office regarding the administrative rule process.
The Board does not have to hold a public hearing to amend the rules but must send a notice to interested persons
and take their comments into consideration before the rules are adopted.
Any changes to the statutes need to be sent to Ms. Koch by April 1 for her review.
INMATE CLASSIFICATION FOR OFFENDERS NOT INTERESTED IN PAROLE:
Mr. McKee stated that offenders have the right to refuse parole consideration and
he has observed some offenders have become acclimatized to the prison lifestyle. He
questioned Mr. Mahoney about the current MSP’s classification system. Mr. Mahoney
stated that offender’s with lengthy discharge dates are reviewed every six months and
are moved to different secure facilities if all they want to do is serve their time. Ms.
Acton stated that MWP does not have the opportunity to move female offenders that
refuse to appear before the Board.
BUDGET/EPP OVERVIEW: Mr. Thomas said he will only present two EPP requests to DOC – funding for ACA and per diem for Board members. Mr. Ferriter said DOC has undergone 6.8 million in budget reductions. DOC is still going to move forward with the NW prerelease center and the eight new specialized P&P officer positions that are currently funded through a federal grant could be eliminated. He stated that to maintain the existing budget it will require 174 million.
Mr. Mahoney and Ms. Acton will be submitted their EPP requests for DOC
management team review and prioritization. Ms. Acton said MWP is in critical need for
a new control system of operation of all doors in her facility.
Mr. McKee asked that the Board be kept apprised and included in any discussions if the department is contemplating the possibility of early release of offenders due to budget cuts.
MOU-JURISDICTION:
Ms. Koch gave the attendees a copy of the MOU that reflects the current practice
between the Board and DOC. The changes to the document are: 1) to take out the word “treat” and replace it with “manage”. The corrected sentence will read: “The purpose of this MOU is to reflect the agreement of the parties as to how they will manage offenders who are committed to the Department of Corrections (DOC Commits) and whom the COC places in prison. 2) delete in its entirety item #3 which reads: “DOC Commits and prison commits that have been screened and accepted by prerelease through the screening process as outlined in DOC Policy 5.8.1. 3) add Pam Bunke’s name to the signatory page as well as correcting Mr. McKee’s name to Michael E. McKee. The effective date of the MOU will be upon signing of all parties
PARDONS/OFFENDER REMOVAL FROM OMIS:
Mr. Thomas said the consensus of the Board members is to remove all felony
offenders names from the DOC’s Correctional Offender Network (CON) site when an
he/she is granted a pardon from the Governor. 46-23-301(b) states “Pardon” means a
declaration of record that an individual is to be relieved of all legal consequences of a
prior conviction. The Board will take the responsibility to notify DOC when a pardon is
granted so ensure the offender’s name is removed from the site. When an offender’s
deferred sentence ends the offender has to work through the courts to get the record
expunged. Once that is accomplished the Board is requesting their names be removed
from the site.
COMMENTS REGARDING MEDICAL MARIJUANA:
The members had an open discussion regarding the supervisory issues created
when offenders have a medical marijuana card. One incident was cited about a mental
health clinic that kicked an offender out of the treatment program because he came to
his treatment session under the influence. The general agreement was that the medical community has to develop protocols in prescribing the cards and Ms. McCannO’Connor said that offenders will have to get a specific recommendation from the Board to give the ok for a card-not just an ok from a doctor.
The marijuana registry is causing problems for DPHHS because there is no case law to draw on. Ms. Koch said that according to the medical marijuana statute the persons who possess a registry identification cards may not be arrested, prosecute or penalized in any manner. Mr. McKee said the Board will join any law enforcement grass roots organization that may evolve before the 2011 legislative session to change the statute.
Board of Pardons and Parole and Department of Corrections Joint Meeting
Meeting Summary
Helena Holiday Inn
October 14, 2009
Board members in attendance were: John Rex, Margaret Bowman, Chairman Mike McKee, John Ward, Darryl Dupuis and Sam Lemaich
Board member absent: Teresa McCann O’Connor
Board staff in attendance were: Executive Director Craig Thomas, Senior Parole Board Analyst Julie Thomas, Parole Board Analyst Fern Osler, Parole Board Analyst Brian Callarman, Parole Board Analyst John Cameron, and Parole Board Analyst Christine Slaughter
Department of Corrections staff in attendance were: Department of Corrections Director Mike Ferriter, Montana Women’s Prison Deputy Warden Bob Paul, Montana State Prison Warden Mike Mahoney, Adult Community Corrections Division Administrator Pam Bunke, and Executive Assistant to Director Ferriter Myrna Omholt-Mason
Guest: Eve Franklin
Mr. Ferriter told the members that he recognized the good working relationship between the Board and the department. In years past this was not the case and he appreciates the change.
Board of Pardons and Parole and Department of Corrections
1002 Hollenbeck Road
Deer Lodge, MT 59722
May 18, 2012
Board members in attendance: Margaret Bowman, John Ward, Teresa O’Connor, Darryl Dupuis, Sam Lemaich, and John Rex
Board staff in attendance: Fern Osler, Mike Webster, Julie Thomas, Tim Allred, Michael Webster, and Meaghan Shone
Department of Corrections staff in attendance: Ron Alsbury, Leroy Kirkegard, Gayle Lambert, Sam Casey, and Myrna Omholt-Mason.
The meeting was jointly chaired by Fern Osler and Ron Alsbury
Review of Old Business:
The Memorandum of Understanding pertaining to the board not being involved
with criminally convicted youth has not been revised at the time of this meeting. Ms.
Olser announced the December 2012 retirement of Diana Koch, Chief General Counsel for the Department of Corrections. The members expressed their appreciation of Ms.
Koch’s legal work she has done for the board.
REENTRY UPDATE – Sam Casey and Gayle Lambert
Mr. Casey stated there is a monthly reentry meeting in Helena. The group is split
into subcommittees that deal with housing, employment, family. The Helena group is
similar to the Billings Area Reentry Task Force and is building groundwork relative to
community partnerships. Mr. Alsbury added that the department’s target is to have
specialized reentry P&P officers.
Various reentry grants have been applied for: a grant for a small number of
female offenders in Butte and Great Falls to participate in the NewPath/New Life
program as well a peer mentoring grant that will be used in Billings.
Ms. Lambert reported a reentry saving plan will be implemented on July 1st for
offenders working for Montana Correctional Enterprises. For each year of MCE
employment, the offenders’ account will be credited $100.00 with a cap of $300.00
maximum. MCE is researching the possibility of using debit cards in lieu of checks to
distribute the savings money to offenders upon their release.
Mr. Casey talked about the assessment tool being developed that is based on
Ohio’s validated tool. The tool will be an individualized case management plan specific
to the offender. The tool will measure the offenders’ risk to re-offend, his positive or
negative progress as his progress through the system, as well as types of support he
will need for successful reentry into the community.
Jim Pagels is the newly-hired reentry case manager based at MCE. He has
extensive experience working with sex offenders and has developed good relationship 2
building skills relative to placing sex offenders back into the community. He is very
involved with case managers and IPPO’s relative to reentry planning.
Ms. Lambert said Director Ferriter gave an assignment to Adult Community
Corrections, Montana Correctional Enterprises, Montana State Prison, and Montana
Women’s Prison to develop a coordinated reentry/recidivism reduction plan which
comports with the needs and expectations of each of the four divisions. The plans are
due to the director by May 18th.
Ms. Lambert stated the release assistance policy will be finalized by July 1st.
STANDARD CONDITIONS-INTOXICANTS Ms.Osler said the board’s Administrative Rules have been amended and are under final review. Rule 20.25.702 outline conditions of supervision. The existing language has the words “illegal drugs”. The new language will say “all intoxicants and mind altering chemicals”.
MASC/START
Information from MASC and START is being sent to Ms. Osler in a timely manner
including the rational for the transfer back into MASC or START from parole. Mr. Allred
asked the rational for the transfer back to MASC or START be included in the
chronological notes in OMIS. Discussion followed as to who will be responsible for
making the data entry notation in the chronological notes in OMIS. Mr. Alsbury will
follow-up with the various IPPO’s as to entering the transfer information into OMIS.
NEW STEPS/ NEW DIRECTIONS
Ms. Lambert reported Crossroads Correctional Center will implement the New
Steps/New Directorns programs beginning July 1st
. The Work and Reentry Center
(WRC) will re-implement the New Directions program. She said there is a marked
difference in the attitude of offenders that are involved in the programs. Additional
training for staff relative to implementing the programs at MSP, WRC, and Shelby will
be scheduled in the near future.
Ms Osler asked about training through The Pacific Institute for interested board
members. Ms. Lambert stated the founder of The Pacific Institute, Lou Tice, recently
passed away. Interested board members that would like to take The Pacific Institute
training can do so through DOC trainers through the department’s Professional
Development Bureau.
New Business:
TIER III OFFENDERS
Ms. Osler told the group the Billings Mission will no longer house Tier III
offenders. In the past the board paroled offenders to the mission and the offenders
were required to enroll in the team mentoring program. Ms. Osler is hopeful John
Williams, P&P Regional Administrator in Billings, will meet with members of the
mission’s management to discuss this issue and ask for their reconsideration.
VICTIM DISCUSSION
Ms. Osler said two board staff, Julie Thomas and Cathy Leaver, will work directly
with victim(s) prior to parole hearings. A checklist has been implemented relative to
notifying the victim(s) regarding the possibility of media attendingthe hearing as well as
hearing protocol. The victim(s) can ask for privacy if they choose not to be in the same
room as the offender and private testimony can be given. Victim(s) will be advised the
hearings are open to the public hence the proceedings do come under public scrutiny.
ELECTRONIC PAROLE REPORTS
Ms. Osler said this is still a work in progress and Deputy Warden Ross Swanson
has been working on getting this project completed in the next couple of months.
COMMUNITY PLACEMENT SEQUENCE
Ms. Osler said the sequence of offender placement was Connections then Boot
Camp then to a prerelease center. The sequence has now changed to Boot Camp then
Connections then prerelease. Mr. Alsbury asked that Ms. Osler meet with Kelly Speer,
acting superintendent at the boot camp and with Cathy Gordon, acting facilities program
bureau chief, as to the correct sequence for placement. The requirement regarding
approval for an offender to be at a prerelease center when the offender is already
housed at the center will also be clarified.
DRUG COURTS
There are four specialized treatment courts: family court, drug court, impaired
driving court, and a veteran’s court. A Billings judge has requested the board become
involved in sending offenders to the specialized courts, with the assurance the board
will still have authority over the offender. Offenders would apply through the court
screening committee before receiving the courts assistance.
Tim Allred talked about the Great Falls specialized drug court. Currently
offenders on conditional release or on parole are not accepted to receive assistance.
Great Falls Judge Jensen and her team work with offenders and develop a task list that
is specific to the offender. Compliance with the stipulations on the task list is
mandatory. The team approach through the court is different from offenders being on
straight parole. The court team meets weekly with offenders and offers incentives when
they comply with court specified conditions. The courts have had success with offenders
on probation and those that have received deferred sentences. Sanctions are through
the district court judge if probation/deferred offenders are found non-compliant with
court conditions.
The board members agreed the court is a good tool but clear lines relative to
court/board supervision would have to be established. There was agreement that the
specialized courts would grant the P&P officers more options for successful
management of offenders as opposed to sending non-compliant offenders either to
START or prison. The members also agreed it would be beneficial to attend court to
obtain a better understanding of the workings of the court.
CLOSING COMMENTS
No public comment
Warden Kirkegard announced that Deputy Warden Ross Swanson will retire on July 27, 2012.
Next meeting date is targeted for October prior to Director Ferriter’s retirement the end of December, 2012.
Department of Corrections
Agency Overview June 2011
For the Law and Justice Interim Committee
Prepared by Sheri Scurr, Research Analyst Montana Legislative Services Division sscurr@mt.nethttp://leg.mt.gov (406) 444-3064
Page 2 of 2
Administratively Attached Entities:
• Board of Pardons and Parole (section 2-15-2302, MCA)
• State council for interstate adult offender supervision (section 46-23-1115, MCA, Art. IV)
Legislative Audits:
Financial compliance, Sept. 2010
Contract management, Feb. 2010
Chemical dependency and sex offender treatment programs, Nov. 2007
Use of electronic supervision technologies, Dec. 2006
Juvenile delinquency intervention, Dec. 2005
Agency Bills Passed During 2011 Session:
Revise make up, operation, procedures of the Board of Pardons and Parole – HB 141 (Peterson)
Revise contracting authority for community corrections programs – SB 72 (Gillan)
Non-Agency Bills During 2011 Session:
Revise parole for those in custody of DPHHS and in state facility – SB 76 (Jent) – PASSED
Increase sexual assault penalty for second and subsequent offenses – SB 152 (Brown) – PASSED
Law and Justice Interim Committee Areas of Interest:
DUI laws, 2009-2010 interim
Correctional mental health services for adults and juveniles, 2007-2008 interim
Drug offender prison population, 2007-2008 interim
This information was found on a prison forum about the Montana Parole Board among various users of that site for 2011:
I just found out that Craig Thomas keeps 2 parole books. One that is sent to the inmate to find out what was said about his possibility for parole. The 2nd book has the letters of support and the letters of condemnation that are never revealed to the inmate. They tell them what they have to do to earn parole then they deny them and never tell them why. When you push them for an answer they just don’t answer and the inmate has to wait another year.
Why is Julie Thomas even working under him? Why is he and his wife running that office? Why is Gayle Lambert running the prison industries? Then you have county attorney Marty Lambert. Who are all the Slaughter family members? Bill Slaughter, at one time was director of the Department of Corrections, then there is his daughter who is a probation officer and you have Christine Slaughter who is a parole board analyst. What is the relationship between Director of DOC Mike Ferriter and Warden Mahoney? What kind of person issues humanitarian parole 2 weeks after the inmate is dead? What kind of a person grants permission for people with little means from Florida to attend a parole hearing 2 weeks after the hearing has been held? Why do you have to hire lawyer and spend $5,000.00 to get the audio CD of a parole hearing? (That is suppose to be a public hearing.)
EXECUTIVE DIRECTOR (Craig Thomas) Was the former Executive Director (Husband) – Now Craig Thomas is working with the Pre-Release
Directs the daily operation of the Board of Pardons and Parole
Represents the Board in matters of policy, interdepartmental cooperation, and communications with
political and judicial bodies
Oversees all matters of personnel, budget, and distribution of work SENIOR PAROLE BOARD ANALYST (Julie Thomas) (Wife)
Assumes duties of Executive Director in his absence
Gathers and analyzes information and makes recommendations to the Board on inmate release risk
Victim Services Coordinator
Prepares parole reports and makes release recommendations
PAROLE BOARD ANALYST (Fern Osler – Billings Office) The New Executive Director
Responsible for Montana Women’s Prison, Billings Pre-Release Centers and Dawson County
Correctional Center
A member of pre-release and initial classification committees
Prepares parole reports and makes release recommendations
Responsible for the Pre-Parole Program
Serves legal notice to all Parole Violators
Schedules victims and witnesses to provide testimony at Parole hearings PAROLE BOARD ANALYST (Christine Slaughter)
A member of pre-release and initial classification committees
Responsible for BOPP Information System
Prepares parole reports and makes release recommendations
Responsible for the Pre-Parole Program Approximately 72% of the correctional population is eligible for parole ….72%!! Inmates serve 25 months to parole eligibility and 46 months to parole release decision on average
93% of parole violators are returned to custody for technical violations
The Montana State Board of Pardons and Parole is composed of seven members. Each member is
appointed by the Governor for staggered four year terms subject to confirmation by the State Senate. The
Governor appoints the Chair in accordance with State law. The Vice-Chair is elected in an executive
session by the members.
The Board was created by legislative action in 1955. There has been some form of parole within Montana
since 1889. In 1979, 1995, and 2003, the addition of auxiliary members was provided by the legislature. The Board is part of the Executive Branch of State government and is attached to the Department of Corrections for administrative purposes only. The Board performs quasi-judicial and policy-making functions independently of that Department.
Montana, let’s break this down. The Montana Board of Pardons and Parole keep insisting that they are not affiliated or connected with Montana Department of Corrections. Over and over we all have been hearing this. Even the one board member stated this when he issued his threat to one of the wives of an inmate that will go before him. Okaaaaaay, so they are not in any way working with each other……but…but…but….you see right in that first document from one of the meetings that included Montana Department of Corrections and the Montana Board of Pardons and Parole. And lookey at the discussions they were having! Inmate population, budget cuts, treatment classes, parole hearings, working with the law enforcement, etc., etc., etc., the list goes on. Then you see in 2011 how they brought many of these “hot topics” to the Law and Justice Committee along with Montana Department of Justice. ”The Board is part of the Executive Branch of State government and is attached to the Department of Corrections for administrative purposes only. The Board performs quasi-judicial and policy-making functions independently of that Department.” That is all they need to be is for administrative purposes. It only takes a meeting, a phone call and a stroke of the pen to decide what their game plans are going to be.
THEN ON TOP OF ALL THAT…..everyone within these departments seem to be related to one another! What in the world is going on? You have husband and wife working together on the parole board. Uncle and niece in the Department of Corrections. Father in Department of Corrections and daughter working on the parole board. Another father on the parole board while daughter works for Department of Corrections. A DOC Director (father) where his daughter works as a probation officer. One family member running Montana Correctional Enterprise, another family member a County Attorney, while another working in DPHHS. Husbands and wives signing time cards for each other. One department passing off to the other department. One family member watching out for the back of their other family member. What kind of racket does Montana have running here? There is no way that these Departments are not working together. Absolutely no way. If they try to sell you that and you buy it, well the Brooklyn Bridge is still up for sale if you want to buy it too.
Is this all a coincidence? Hundreds do not think so. Where does all this family dealing within all the state departments of Montana lead too? Who is the Godfather of this treeline? Submit your answers.
Last night at Montana State Prison two inmates got into an altercation in the bathroom on the low side. One inmatestabbed the other with a pen. Friends of the inmate who was stabbed rushed in to break it up leading to another inmate being stabbed. Both inmates that were injured are in the infirmary.
On the high side an inmate slit another inmates throat leaving this inmate dead. Apparently the rumor that is flying around is that the inmate was killed because he was a sex offender. Did one incident have anything to do with the other? That remains unknown for now.
Montana‘s prisons are rife with suicides, deaths, threats from officers, etc. The corruption level is over the top. Officers pushing inmates too the level of suicide and even instigating murder. Remember how Montana State Prison segmented a major portion, well over 30% of the prison by not allowing them visits. Even on the low side calling the inmates to the cage one by one telling them the new rules. Inmates all over the compound started knowing what was happening. At the same time Montana Department of Corrections has a large portion of so called sex offenders because they are changing the definition in Montana of a cowboy into a sex offender. Even labeling the Incarcerated Montana Fireman a “sex offender” when the law did not even mandate it. We were told that even the Florida Department of Corrections did a double question on that one. That Montana would go so far to label someone when the law does not even call for it.
Montana check your statistics. Educate yourself on how much money funnels through MDOJ/DPHHS/MDOC and whoever else is involved. Connect the dots. Be a Montana citizen who becomes aware.
Update: This was stated by Montana’s State Prison Public Information Officer, Linda Moodry
The unit where Hartford was killed is monitored by prison staff and security cameras. However, Moodry said they don’t have cameras in all the cells at the prison.
“They (the prisoners) are monitored and watched, but, unfortunately things like this can happen,” Moodry said.
I suppose that all of these suicides, deaths, and threats are all treated the same way. ” ….unfortunately things like this can happen.” What a shame, they never release all the information because there is too much too hide. Why weren’t the officers doing their jobs? How many officers knew this was going to go down? The cellmate of the inmate that was murdered has been made to stay in the cell where the murder had taken place. What happened to proper protocol in this state? How can a true investigation take place? Again, things smell really, really rotten!
Records show Democrat attorney general candidate Bucy has conducted campaign work while on the clock and while using sick leave.
HELENA – Records obtained through a Right to Know request and a review of Democrat Attorney General candidate Pam Bucy’s event activities have revealed several instances of her conducting political campaign work on state time.
On May 24, 2012, Pam Bucy announced on Facebook that she gave an interview with National Public Radio at the Lewis and Clark County Courthouse. (The interview aired on May 25, http://www.mtpr.org/podcast_feed/4.) The same day, Pam announced on Facebook that she “Had a great time talking with local Democratic leaders and activists over our party’s statewide weekly conference call.” She recorded her time that day as 8 sick hours.
On April 19, 2012, Pam Bucy attended a Planned Parenthood lunch event. She recorded her time that day as 6.5 regular hours, 1.5 sick hours.
On March 22, 2012, Pam Bucy attended a Missoula Wine, Women and Politics event, which ran from 5:30-7:30pm. She recorded her time that day as 4 regular hours, 1 vacation hour, and 3 sick hours.
The event and timecard references can be viewed here.
The state’s official sick leave policy lists specific instances when an employee’s use of sick time is warranted. Those include illness, parental leave, quarantine resulting from exposure to contagious disease, a medical appointment, care for a sick relative, or attending a funeral.
According to the Montana Operations Manual: “Sick leave abuse occurs when an employee uses sick leave for unauthorized purposes or misrepresents the actual reason for charging an absence to sick leave. Sick leave abuse is cause for dismissal.”
“Montana’s taxpayers are paying Pam Bucy nearly $90,000 per year to work at the Department of Labor and Industry, not to campaign for office,” said Bowen Greenwood, Executive Director of the Montana Republican Party. “These revelations of corruption raise serious concerns about Bucy’s ethics as well as her ability to serve as the state’s top law enforcement officer and effectively manage a department of nearly 900 employees,” Greenwood added. “It’s time for a change in Helena. It’s time for an Attorney General who will put responsibilities before politics.”
Pam Bucy’s timesheets were obtained through the Right to Know request from January 2 to July 3 of this year. The May 24, April 19, and March 22 instances raise the question of whether or not improper use of sick leave and state work time continued past July 3 and throughout the campaign.
Makes a person wonder if she is spending time doing these sort of things maybe that is why she does not know the rate of incarceration rates in her own state.
She has worked with the Attorney General’s Office. She drafted the Montana sexual and violent offender act to hold those criminals accountable. Knowing that stiffer penalties would generate more trials, Bucy worked to ensure that local law enforcement had resources for successful prosecutions. She helped lawmakers of both parties assemble resources needed to launch local forensic interview teams that would be trained to talk with child victims in a manner that reduced the stress on the child while gathering evidence needed for convictions.
Officials in Montana’s Lewis and Clark County say the number of child abuse and neglect cases is increasing, and with it, the demand for foster homes.
The Independent Record ( http://bit.ly/Qs6h0n) reports that last year the Lewis and Clark County Attorney’s office dealt with 62 cases of children being removed from their homes _ a 30 percent increase over 2010. County Attorney Leo Gallagher says the trend continues, with 66 cases tallied so far this year.
“It just exploded,” Gallagher said.
The increase is putting strain on advocates, prosecutors and others who work with neglected and abused children, along with foster care families. Nearly 2,000 children statewide are in foster homes, including more than 125 in Lewis and Clark County.
MISSOULA- Two Missoula children are in the custody of Child and Family Services (CFS) after one of them told a school counselor his mother slapped him. (But the police have added on too that complaint.)
MISSOULA- Children on at least three Montana reservations will soon benefit from a major federal grant.
The National Native Children’s Trauma Center at The University of Montana received a $3.2 million award from the federal Administration for Children and Families to combat child abuse in Indian Country.
“These are not problems that are unique to native groups,” University of Montana National Native Children’s Trauma Center research associate Richard Manning said. “These are problems that’re especially pronounced of high poverty and our reservations in Montana have unemployment rates around 75 or 80 percent. That level of poverty is very hard on children.”
Criminal child abuse has been in the national headlines with cases like the Jerry Sandusky allegations in the spotlight.
Meanwhile, in Montana, the Department of Health and Human Services reports an increase in child abuse. However, what might surprise many parents is that not all criminal child abuse cases are reported to law enforcement.
“This is a gaping hole in the communication of a very large important state agency and law enforcement across the state,” said Yellowstone County Attorney Scott Twito about the state law that does not require the state health department to report information to law enforcement.
They took 1 case from Yellowstone County and are using this as their basis to have access to all “alleged” cases. Remember…”alleged” and I find it very hard to believe with the very high incarceration rates in Montana that the authorities were not notified. They were banking on the Jerry Sandusky case at the time of them asking for this new bill at the Law and Justice Committee in February. Look at the date of the news. Of course what Jerry Sandusky did was horrendous and he should be in prison. But they are using him for a calling card.
Story Created: Sep 30, 2012 at 10:57 PM MDT Story Updated: Sep 30, 2012 at 10:57 PM MDT
Lewis and Clark County officials say the number of child abuse and neglect cases is increasing, causing the demand for foster homes to see an uptick as well.
Children who are available for adoption through the Child and Family Services Division of the Montana Department of Public Health and Human Services have been removed from their own families because of abuse, neglect or other family problems that make it unsafe for them to remain at home. The rights of their parents have been terminated making the children available for adoption. For more information on Montana’s Waiting Children Photo Listings go tohttp://www.adoptuskids.org.
Montana statutes regarding child abuse and neglect; to include definitions and procedures. … Have you seen the NEW AND IMPROVED Adoption Registry?
I would say that Candidate Pam Bucy for AG did not know the high incarceration rate for Montana in this radio interview or she selectively skimmed over this very hot topic.
For Pam Bucy and Steve Bullock decreeing all of these wonderful sounding laws that will generate more trials and stiffer penalties, let us get down to the nitty gritty of it. By God’s mercy how many sex offenders and violent Montanan’s do you have? In a population of a million there will be a certain quota of criminal activity. But for crying out loud, you can see the handwriting on the wall. This state is generating revenue by prisons and jails for profit.
We have already shown you documentation and articles of unfair trials for all these extra trials they are generating. We have shown you where police have even called out the corruption in the law enforcement. We have shown you how now in office, Attorney General Steve Bullock did not and does not press charges or arrest anyone under his wing or in a state employment affiliation, unless it is a nobody that they need to make an example of that will generate more money, not give them bad press that takes away money. We have organizations contacting us about the children that are taken out of their homes and even adopted but no charges are ever pressed on “alleged abuse”. They are making money off of these children by selling them out for adoptions. For the Native Americans we once took their land, now we take their children too? The Native Americans tell us “the white men here in Montana do not listen too us.” For those that are in prison it is a no win situation. How many children are going to be found in neglect with the unemployment level and poverty level so high? We have shown you how the mental facilities operate and the money they generate. If you can’t see through all of this by now, I don’t know what it will take until they come after you. You can only run so long on this with the small population in Montana.
Montana states that the high unemployment rate and poverty causes all of this crime. Yet, Montana is one of the highest states that receives federal funding for all of these grants for each of these programs, facilities, institutions, welfare. They don’t want to create jobs where Montanans can come up out of poverty. They are creating revenue by keeping these state systems in place. The state employees make higher salaries than the private sector. Why not? They don’t want the private sector making more money, that means they can’t as easily push everyone around. Citizens can start hiring attorney’s that will come back on this corrupted practice. Don’t believe it? Take a look at who is funding these two candidates. These attorneys want it all to stay within the house.
(Funny thing though, these two made up all of these stiffer laws, penalties, trials, convictions, higher incarceration rates, opened the door for major corruption to take place, Board of Pardons and Parole, high return on probationers….yet they did not keep their own sex offender registry up to par….they had offenders that had put their living addresses at Walmart.)
So, you may not think much about the two recent incidents during this election such as Pam Bucy campaigning on our tax dollars or Steve Bullock rebelliously breaking the debate rules and hiding his notes in the podium at the debate in Helena. But, these two seemingly minor wrongdoings can show an open door to a deeper more sinister level of wrongdoing. She is the protegé of Steve Bullock. With a team like this and their history and with no real plan but their plan of continuing job growth in the Department of Justice field. Montana citizens that do not work for their team or in the government should be very scared.
This is not a matter of party affiliation, it matters about their history, their records, their beliefs, their prison mentality. Those that are Republican, those that are Democrat with corrupt practices, we call them out. You cannot put all of Montanans in prison……or you should just build a wall around Montana. Those in office now say they are only helping to protect the children of Montana, ….but the proof says otherwise. Do you know how many Montana children are going through Juvenile Prisons? You now have seen the number of increasing children going into the state system…where it has just “exploded” with an increasing need for foster homes while they adopt these children out. Montana…..please listen….you have fellow Montanans already dealing with this nightmare. This is something that you need to be concerned about. Yes, we do have a great need for all of these type programs but not on this scale and magnitude. It is time for change and only you Montana have the power to do that!
Montana Department Of Corrections still can not or will not place Allen Whetstone into a regular CP&R class. This class is required by all inmates that enter into a correctional institution. This subject has been discussed thoroughly at the Law and Justice Meetings. Department of Corrections blames the Board of Pardonsand Parole that they are going to require more from him anyway. Board of Pardons and Parole states that if DOC does not allow him to take his classes then they can’t release him. Well, Board of Pardons and Parole has at least been showing up at the Law and Justice Committee Meetings, despite the heat. Whereas DOC has not shown up at all, the Director of Department of Corrections, Mike Ferriter has not shown up once. We don’t know if it is because he believes he does not have to answer to anyone or if he knows that the system has caught up with him.
Since no one can seem to explain why an inmate cannot get into a regular class such as CP&R, the wife of Allen Whetstone called Linda Moodry, Public Information Officer at Montana State Prison. She stated that she would check into it and she did discuss it with one of the Wardens. They said that they are backed up because anytime that the MontanaParole Board has an ex-inmate on probation that returns to prison they are required to take the CP&R class again. These inmates are put on a priority list before the inmate population. We already have studies on how many are returned to prison on technical violations. This is not right nor fair that these returning inmates are put on priority to the top to take these classes while the inmate population gets shoved down the list. Allen should be on top priority since he will be going before the parole board in November. These classes take 12 weeks, so what is their reasoning beyond shoving these priorities down the list? Seems like another way to keep inmates in the system longer and have some money making on the side. Linda Moodry stated that she hopes they can indeed see where this problem is coming from and can correct it. The return rate on ridiculous technical violations are astounding. We are talking technical violations such as an ex-inmate being returned to prison for not getting permission to go to the emergency room or getting permission to get married. One from not being able to attend work and a class scheduled at the same time. Either way…if he goes to work he’s hanged, if he goes to the class he’s hanged. He cannot be in two places at one time. I didn’t know that was a cause to be incarcerated in Montana.
Also, they have taken Allen Whetstone off of his medication, again, cold turkey. Dr. Edwards has decided that he does not believe that the VA knows how to diagnose. Allen was taken off of this medication once when he first arrived at the prison, but after documents from the VA and a hearing at Montana State Prison even the prison ruled that he needed to be on the medication. He is once again starting to lose weight and having side effects. The VA and many other doctors have spoken up and stated that a prison that keeps yanking inmates off of life altering medication is inviting and instigating major health issues if not suicide with the inmates. Looking at the poor medical history of the prisons in Montana it seems like that is the very thing they are doing. How many men and women have to die before state officials start looking into this?
Allen Whetstone’s wife has been threatened to stop testifying in front of the Law and Justice Committee by one of the parole board members. He stated that “she was only making it worse for her husband when he goes before them.” That is a civil right. When is this state going to turn things around? Of course she has said she is not going to stop. The citizens of Montana need someone to speak on their behalf concerning all the atrocities that are going on within the state. Someone has to be a voice for those that have no voice, more and more people are rising up to do just that!
Why don’t you askCathy Redfern about her participation in Justin Wing’s death? She was the nurse charged with changing his bandages, but didn’t. He developed an infection and died. And like everyone else got promoted!
So we did just that. Here is what we came up with.
Photo Credit: Smithsonian
Montana State Prison Kills Justin Wing by Neglect by JUSTICE NETWORK
Do you know who Justin Wing was? Even if you do not, after you have read this, you should remember his name all your life.
Justin Wing was a Lakota/Sioux Warrior. He may not physically be with us now but his spirit of helping his People will live on forever.
He was only 50 years old, yet he died on July 8, 2004 at 2:45 P.M. He would have been eligible for parole in a few years. But it seems that at Montana State Prison were he was incarcerated, the administration did not consider him to be a human being.
Apparently they did not think he was worth the trouble or the expenses even when his life-threatening condition warranted urgent hospitalization.
It is with great sadness that we must accept that no one was able to save Justin Wing from the unjust Death Sentence that was imposed on him by Montana State Prison.
Isn’t denying a human being adequate medical treatment in a timely manner the same as a death sentence?
For 3 long years Justin did not receive adequate medical treatment for his condition, although its symptoms appeared early on.
He has had a hernia growth for over three years in the stomach area.
It is infected causing the skin to break open. From this open wound there is drainage, puss.
He also has Hepatitis very bad. This additional health condition prevents him from eating.
His normally yellow skin tone is now very pale. He is also an elder which adds to his risks.
The prison refuses to assist him medically. His stomach is swollen to the size of a football right in front.
Dr. Goldstein, a physician who saw Mr. Wing a while back,
was upset because the prison could have done something a long time ago.
Justin’s condition has been at this stage for 2 days now and it seems to now be a life threatening stage.
He needs immediate and proper medical attention.
To allow anyone to endure a condition like this without treatment is inhumane,
and as anyone can easily see…life threatening.
———————————————————-
Points to include when writing to the officials listed below:
- Mr. Justin Wing, incarcerated at Montana State Prison, has had concerning health problems
but is not getting adequate medical care. This elder is in need of immediate medical attention.
- He has had a hernia growth for over three years in the stomach area. It is infected causing the skin to break open.
From this open wound there is drainage, puss. His stomach is swollen to the size of a football right in front.
He has Hepatitis and his current problem is preventing him from eating.
- Because of the medical neglect, his condition has worsened. Dr. Goldstein,
a physician who saw Mr. Wing a while back, was upset because the prison could have done something a long time ago.
- Mr. Wing needs immediate and appropriate medical care. It is an emergency, a life threatening situation.
- Please request that Mr. Wing be seen by a specialist and receives proper treatment without further delay.
Please contact the prison officials as soon as possible.
==> Important: Please do NOT forward the entire message to the officials,
OR use our email address when emailing them.
Please copy and paste your personal letter into new emails. <== If you wish, you can send us a copy separately at justicenetwork@… . Thank you.
Contact Information: Please write to:
Bill Slaughter, Director of Corrections tward@…
Warden Mike Mahoney mmahoney@… Associate Warden Myron Beeson mbeeson@…You can also send a copy of your email to the following MT senators/legislators:
Jerry O’Neil, Arlene Becker, James Corson, Sue Dickenson,
Tim Dowel, Carol Juneau, Tim Callahan, Joey Jayne, Tim Dowell,
jayne57@… , timjdowell@… , ENEWHOUS@… (MT Reporter Eric Newhouse)THANK YOU FOR YOUR ASSISTANCE AND SUPPORT - PLEASE CONTACT US IF YOU RECEIVE A RESPONSE FROM THE OFFICIALS
===================================================================
While most of the country is celebrating the 4th of July with firecrackers, parades, barbecues and a myriad of other enjoyable activities, we have been told that Justin Wing lies in a hospital room in a Montana hospital with his liver shutting down its life sustaining functions. Due to pure medical neglect from the prison, Justin Wing’s condition, as described to some by the Native American Liaison, Mike Wetzel, is not good; he is not doing well at all. Justin’s sentence for crime he was convicted of, was confinement to Montana State Prison, not death. Yet it seems the sentence of the court and judge have been ignored by the prison, and by denying him proper medical care for too long, the prison decided on a death sentence…
Justin Wing has also had to endure cruel and unusual punishment due to the severity and length of suffering and pain that he has had to endure, due to the severe long-term medical neglect. Implementation of cruel and unusual punishment is in direct violation of the Constitution of the United States. If his medical condition had been treated properly when the hernia had first started long ago, it is quite possible that Mr. Wing would not have been in this life threatening situation now. Instead, he has been denied the proper medical care for approximately three very long years. So, while everyone is celebrating the birth of our country, and all that it is supposed to stand for, Justin Wing lies in a hospital bed as a result of his constitutional rights, as guaranteed to all Americans, being violated.
To make matters worse, the Native American Liaison is stating that Justin’s life threatening situation is due to the poor condition of his liver and that Justin would be the first to admit that he has abused his liver. This looks like an attempt to minimize the fact that Mr. Wing’s infected hernia has not been properly treated, and reflect as insignificant the fact that the infection was allowed to continue for over a month without adequate medication to get the infection under control. Yet, anyone with any degree of intelligence knows that an infection left untreated affects the entire body. Mr. Wing’s other medical condition with his liver was of course exacerbated by the deliberate medical negligence of the prison. Since it is widely accepted that an untreated, or improperly cared for infection can have detrimental effects on anyone, with or without other medical conditions, how can it possibly be implied that this negligence is not a factor?
To the awesome people who have stood beside Justin for over a month writing letters and making phone calls, our appreciation goes beyond measure. For those who might say “this does not concern me” , we say violation of the right to adequate medical treatment affects everyone: through the spread of communicable disease; through the unforeseeable future when there could be a time when you or someone you know, through a fallible Justice & Penal system, is wearing Mr. Wing’s shoes; or because of the tragic reality: we have lost the soul of our country by not caring about those less fortunate.
Please keep Justin Wing in your thoughts and prayers.
Respectfully,
Justicenetwork & Honor Your Spirit
from Justicenetwork: Please forward to all of your contacts and lists. Thank you.
UPDATE ON JUSTIN WING JULY 08, 2004
We are saddened to learn from reliable sources that Mr. Justin Wing is not expected to live thru this day. We are asking that your prayers and thoughts are with him at this time.
To all of his supporters some who may not know Mr. Wing personally but all are aware that he is fighting with his last efforts for each breath of life.
We would like to extend a heartfelt personal “Thank You” to all who have prayed, written letters, made phone calls, sent faxes and offered your moral support to Justin in his struggle to receive timely Medical Care from Montana State Prison. It is because of all of your efforts that he received ANY care at all in the last few weeks of his life.
We clearly still have a duty to bring Justin Wings fight and struggle against indifference and medical neglect from MSP to light. However at this time of his passing would like this day to be spent in peaceful tribute to a Sioux Warrior as he passes from this earth. May his passing be with calm and with dignity. May he find Peace.
Justicenetwork and Honor Your Spirit
From Justicenetwork [Please forward to all of your contacts and lists. Thank you.]
THE LAST UPDATE ON JUSTIN WING July 08, 2004 2:45 P.M. (MST)
Sioux Warrior of the Lakota Nation, Justin Wing died today, July 08, 2004 at 2:45 P.M. Although he will not physically be with us, his spirit of helping his People will always remain with us. He will live on in our memories, forever.
It is with great sadness that we must accept that no one was able to save Justin Wing from the unjust Death Sentence that was imposed on him by Montana State Prison. Not giving a human being adequate medical treatment in a timely manner is the same as a death sentence.
As you know for 3 long years Justin was deliberately denied adequate medical treatment for his condition as its symptoms appeared early on and as it deteriorated through out the years and resulted in his untimely death.
How could they let this deliberately happen?
This continues the tragic, documented cycle of discrimination and medical neglect towards Native Americans. This is another tragic episode in the long standing Genocide of the First Nations People. We must take this tragedy and work towards the goal of never having another Native American die from the wrongful Death Sentences handed down by Prison Authorities.
We must not allow Justin’s sacrifices be in vain, we must continue his struggle in his spirit, and in the spirit of his Ancestors.
No more discrimination, no more medical neglect towards Native Americans ! In the name of Justin Wing and of his People, please remember him in your beliefs and actions. Keep the fires of truth, justice, compassion and hope burning in each and every heart until those goals are met.
Respectfully,
Justicenetwork & Honor Your Spirit
Memorial Service in Montana for Justin Wing
“Justin Wing Memorial Gathering” – Annoucement and Invitation to Dancers and Singers
The High Side Prayer Warriors would like to invite dancers and singers to their Spiritual Gathering. The High Side Prayer Warriors are trying to continue to offer a positive outlook as well as instill true honor, respect and pride in the Native Americans incarcerated at Montana State Prison and we are hoping that you will assist us in doing this. Our gathering is September 11th, 2004.
A Sweat Lodge Ceremony will be held that morning. There will be food, singing and lectures offered.
If you would like to participate or will be in this area, then please contact Sue Buck, at suemontana@mcn.net , for applications that the visitors must fill out ahead of time. No children under 12 unless they are dancers or singers.
If you can not attend, you can still support the Prayer Warriors by sending donations of funds in postal money order form to:
Ken Ingles, Religious Activity Coordinator, for High Side Prayer Warriors Account #22. It must say High Side Prayer Warriors.
Please mail any postal money order support for the High Side Prayer Warriors directly to:
Ken Ingles, Religious Activity Coordinator
Montana State Prison
600 Conley Lake Rd
Deer Lodge, MT 59722
[For those who would like to donate but do not have funds available, perhaps you would have on hand traditional CD's, books, videos, etc. that you would like to donate. Due to Montana State Prison policy, you CAN NOT send in items directly to the prison: they must be sent to a central collection point and then from that point, all items are sent in with a special form. Anything that could be used as a cultural learning or educational tool should be useful. Please do not send anything before checking with us to avoid postage wasted on items that can not be sent in. It is also requested that you let us know *before* you send any items to the collection point, that way we can confirm receipt of the item for you. Please email suemontana@mcn.net with any questions. Thank You.]
The Native American population in Montana State Prison has struggled long and hard to make positive changes for the Native American inmates at Montana State Prison. The struggle for them to be seen as humans and to be given the same rights as other religious groups are given, has forced them to endure retaliation for speaking up, for filing complaints in the Bureau of Human Rights, and in the courts. Even after council members were continually locked up, they still pushed forward knowing that only a positive change would reinforce their abilities once they are returned to their communities; and, with the high rate of Native American incarceration in Montana, they know this to be the only answer.
The High Side Prayer Warriors would like to thank you for all of your support throughout the years.
Respectfully,
The High Side Prayer Warriors Cultural Coordinator,
Manuel Redwoman
It has become more than disgusting with the behavior of these officials in this state of Montana. The deaths that happen all the time in Montana prisons, not by other inmates but by the staff themselves. Inmates that die from neglect, that die from being yanked off of medications, inmates that are driven to commit suicide. Officers that have blatant sex with inmates, bring in contraband, bribe inmates, etc. A parole board that threatens inmates families, belittles inmates and families. What is the STATE OF MONTANA going to do about this behavior that has gone on for years and years? We are sick of it!! It is not just in this one department, it is a state epidemic! Why do you think us citizens that are outraged are spreading like wildfire? Enough is enough! The Native Americans have told us that the white men do not listen to them. Well, we are listening and we are being a voice! One thing that makes us brothers and sisters despite our ethnic backgrounds is we are all in this together. The State of Montana does not care what color your skin is when it comes to prisons for profit and neglect. We are all just dollar signs. $$$
Senator Jim Shockley, Chairman
Law and Justice Interim Committee
P. O. Box 201706 Helena, MT 59620-1706
Dear Senator Shockley,
This concerns and extends verbal comments I made as a Montana citizen and taxpayer in the Law and Justice Interim Committee hearing of September 7, 2012, concerning the role of Montana Department of Corrections (MDOC) contractors. I have helped several parolees trying to meet their conditions, but I do not attach records I verbally alluded to as I do not have individuals’ permission who are still susceptible to retaliation. However, my comments do not pertain only to certain individuals, but rather to MDOC contracting supervision and incarceration functions to profit-making private entities.
About six months ago I asked that Department for a copy of such contracts citing Montana Code Annotated 2-6-102, but have not received those public records. Of course, private entities have no responsibilities under that statute, nor does our Right to Know affect them which is secured by the Montana Constitution. In that hearing, I heard a Craig Thomas speak in praise of the existing system. As an official of a contractor he may be expected to, but following the hearing I was surprised to be told that he is also the husband of Board of Pardons and Parole member Julie Thomas, being the two halves of a family involvement.
At that hearing, I heard a Ms. Jordan speak about the Montana State Prison (MSP) not allowing her husband into a course which the Board of Pardons and Parole (BPP) required to grant him parole, and I heard Ms. Osler, Executive Director of that Board state that that didn’t matter as the Board could deny him parole regardless. I have records of an instance in which a prisoner was required to take courses, and was allowed to take them by MSP, and passed them, but was granted parole only on condition that he retake those courses from a MDOC contractor upon conditional release. He did so, but when he was not able to make a payment to the contractor due tohospitalization, he was expelled the very next day, his parole officer arrested him, and the Board of Pardons and Parole revoked his parole and returned him to prison for the sole reason of that expulsion without considering the reason for it. That is, the parolee was essentially renting his conditional freedom from the contractor, that contractor relying upon the parole officer and BPP to enforce collection.
In that hearing, Ms. Osler said that any early conditional release from prison, regardless of the conditions imposed, is a favor to the prisoner by the Board at its sole discretion, and must remain so discretionary for “independence,” and also said that despite broad immunity from requirements of the Administrative Procedures Act, in fact the Board and parole and probation officers who carry out its mandates do in fact obey state law in their official acts. That is not accurate. I know of one instance this year that a probationer was held in county jail for over five months without the hearing required by MCA 45-23-1012 until he finally petitioned for a writ of habeas corpus, after which he was transferred to the custody of a contractor, as his employer would not fire him so that he was not in violation of his probation by not maintaining full time employment, and his landlord would not evict him so that he was not in violation of his probation by failure to maintain a fixed residence. From that contractor, he was moved to the custody of another contractor, where he is now, still without a public hearing, attending groups assigned by that contractor, under threat that he can be jailed again for failure to make required payments for them. Although his employer would not fire him, still he lost over half a year’s wages through this. Also, although his landlord would not evict him, the county publishes the jail roster and his apartment was burglarized while he was jailed. He heard of it from a neighbor but has not been able yet to return to the apartment to inventory the residue of his belongings there and make out a police report of the loss. In the Law and Justice Interim Committee hearing, Ms. Osler spoke about open and public hearings, but this instance shows that that is false, and also that it is false about probation officials obeying Montana laws in their official duties.
(This is aside from the revolving door by which MDOC officials, such as ex-Montana State Prison Warden Mahoney, go immediately to jobs with MDOC contractors in violation of MCA 2-2-105. That statute carries no penalty for violation, but even with that free pass for violators, I can find no record of any MDOC employee or ex-employee being prosecuted for violating it.)
Ms. Osler also brought to the hearing a thick folder of potential reasons to deny parole to a continuing prisoner, but no record that the Board of Pardons and Parole actually considered that material. Again, she spoke about public access, but to get access to the one proceeding I was allowed to attend, the prisoner had to timely refuse to waive a hearing and immediately named me to attend, I had to learn of that timely and tell the Board I would attend if approved, and I had to be approved and listed with prison guards to be admitted. Having arrived at the prison in Deer Lodge a bit early after traveling from Billings, I even was made to wait outside the prison grounds until just before the precise time that the prisoner was scheduled to be heard, lest in addition to attending his hearing through the above process, I overhear another prisoner’s hearing as a member of the public. I was not allowed to attend two hearings here in Billings; I have not even been allowed to see a copy of the procedure to apply to attend, even citing MCA 2-6-102.
Another request I have made citing that statute concerned a requirement by a probation officer in Billings that a probationer participate in a program to which he was not sentenced, in which failure to make required payments results in jailing for periods of time which commonly cause loss of employment and even residence, which may then be used as reasons to move to revoke his probation. Thus, the problem is not only the Board which adds to judges’ sentences to profit contractors; the problem extends down all the way to non-supervisory parole and probation officials in the field. They conceal it by violating MCA 2-6-102; requests I have made for copies in accordance with that statute have been forwarded to the MDOC Chief Legal Counsel, Ms. Koch, who has not only not provided the a copy of records I have requested from a parole officer here, Ms. Melia, and from a probation officer, Ms. Aggers, and from their supervisor, Regional Administrator John Williams, Ms. Koch has also told me by letter that I must make any requests for copies of MDOC public records to her alone, that requests for copies of public records that I make to the officials who hold them “will be considered harassment.” That is, MDOC is treating the Right to Know secured by the Montana Constitution as though public requests under it were motions for discovery in litigation–to be denied unless MDOC be ordered by a judge to comply.
This was not the intent of the Montana Constitution securing to us the Right to know; it was also not the intent of the Legislature in enacting. Rather, Ms. Koch’s acts and neglects reflect the intent of MDOC to evade those protections. That abuses us citizens. In the hearing, Ms. Osler maintained that BPP protects citizens, but this lawbreaking shows that it actually protects MDOC contractors. Using BPP and local parole and probation officials to enforce payments to those contractors also abuses us taxpayers as we provide the funding for incarcerations.
In a further instance showing the support MDOC gives its contractors, when a prisoner of MDOC applied under the Interstate Compact to serve his conditional release time outside of Montana, officials in the Montana State Prison where he was would not process his application as he did not have the required processing fee and they would not allow me to send it to him there. Therefore, I sent the fee direct to the processing official in Helena, but the cashier’s check I sent was not cashed and the application was not processed. I am told, but have no proof, that under that Compact, only the gaining state can deny an application, not the losing state, so I asked Ms. Koch–at her direction–for a copy of public records which would show that, citing MCA 2-6-102. She would not provide them. She wrote instead that MDOC does not make money from conditional releases. No, its contractors do: a prisoner conditionally released to the supervision of another state does not provide income to MDOC contractors for fees, required courses, etc.
In addition to helping parolees and probationers trying to meet their conditions by providing transportation, help finding jobs, etc., I have also had several–one at a time, of course–as house guests while they accumulated the money to pay a rental deposit somewhere and accumulated the household goods they needed to move in, and also I have been able to give references to prospective landlords for them. In letting one so stay in my house, I learned of a further corrupt practice: He was directed by his “PO”–as he referred to her, so that I don’t know if he was on parole or probation–to take a job at a fast food outlet owned or managed by a ex-supervisor of conditionally released offenders. He would not apply because he told me, and showed me in his papers, that if he did, he would not be allowed to get a better job without that PO’s permission; instead he applied for jobs fitting to his skills. When his PO had him arrested for not having a job, I had in my house evidence of his job search, which I would have presented had he had a public hearing.
Instead, that PO told me by phone that although he was jailed, my house was still his residence until he got her permission to change it, and therefore she could search my house and seize whatever she wanted. As he had a key to my house when arrested, to prevent confiscation and destruction of evidence, I changed the locks. She did not break in, and the outcome for him was that he had no violation hearing which I could attend; instead he was transferred from the jail to the custody of a MDOC contractor elsewhere in the state, and I still am storing for him property he left in my house when he was arrested.
Now a similar situation has arisen again: When I picked up a conditionally released prisoner at MSP, as soon as he got into the car I asked to see his conditions. He looked through the two boxes he was given, but they were not there. Arriving in Billings, he could not get a copy from the Probation and Parole office either; instead he was given new conditions to sign. As one of them was that he make his residence available to a PO, and as I have in the house much evidence of matters I mention above, I did not let him reside here, but instead I (and others) paid to get him a motel room immediately and then an apartment.
(He is being allowed to attend safety training at the Job Service to apply for work as a heavy equipment operator–at which he has much experience–instead of immediately taking a minimum wage job, so it may be that my complaints about the situation did some good. However, his employment still may not be secure as heavy equipment operating often entails work at construction and other hazardous sites not readily checkable by officials.)
The various instances I give above are not isolated occurrences, but comprise the majority of my interactions with probation and parole officials as a community volunteer helping a succession of men trying to navigate the minefield of conditional release. I cannot speak of interaction with MDOC contractors as I have not received a single reply from any in response to my requests. It is like asking a stone wall as they have no obligation to respond: the Right to Know secured by the Montana Constitution only applies to governmental organizations and officials, not private entities.
The Montana Department of Corrections uses contractors to do things it cannot lawfully hide itself. The Board of Pardons and Parole and local probation and parole officials use their power to profit contractors by adding to sentences and use their power to incarcerate to enforce payments to those contractors. A large and growing part of the problems brought to light in the hearings is not governmental entities, but rather those contractors.
Thank you for the opportunity to comment. I have provided a variety of documentation as attachments to previous comments; I can provide the Legislature more if needed. I hope that these and other comments I heard in the hearings are useful in addressing the abuses.
Now we want to highlight one of our links on here, another advocate, Montana Connections and pass along some more information concerning these issues that have been such a hot topic.
A Newsletter To The Inmates And Public
I want to take a minute to talk to all of you about mandatory parole. The reason we started asking for mandatory parole was because the D.O.C. doesn’t want to consider good time at all. While researching mandatory parole I have found that it might not be to your advantage at all especially if we do away with the parole board. There are too many things that could go wrong if we went to mandatory parole, such as the % of time you would have to serve. Let’s say they went with what the federal prisoners have to do right now 85% that is way more than state prisoners have to do. You guys get consideration after serving ¼ of your time. Granted it’s not working for most Montana prisoners but that is because the Board doesn’t work right. Maybe what we should do is go back to where we started and advocate first to bring back GOOD TIME because when it was first started in MT it did work. Second Parole Board Reform that would make it so they can’t do whatever they please they have to follow some guidance. As usual your input will be the driving force in what we as an organization will advocate towards. If you would like a copy of the 2 drafts that were presented please write and let us know.
Governor Forrest Anderson
I would like to present some facts to the Legislature probably not known to most people. It deals with the corruption, waste, graft and greed of the Department of Corrections. If their budget (and corresponding prisoner incarceration levels) were reduced to what is actually and truthfully needed, that single act would solve the State’s Budget Crisis. The DOC is only interested keeping their beds full and expanding to waste more taxpayer funds. I sent this to Dave Lewis yesterday morning. I am hoping to find at least one member of the Legislature who is brave enough to become involved in the solution and not continue as part of the problem by voting to waste taxpayer dollars through endless funding to the DOC.
In the late 60′s and early 70′s the prison population was way up. A majority of the prison population had been either denied parole or were back in for trivial, technical violations. (Exactly the same situation as today.) The cell house was full and cells were double occupied. The Dorm and other housing areas were full. Forrest Anderson, who had previously been Attorney General, was elected Governor. From his tenure as A.G., knew the problems and the solution. He was well aware of the hateful, spiteful attitude toward prisoners from the staff and administration of the prison and parole board. He fired the Warden, the Director of the Department of Institutions and replaced the members of the Parole Board with instructions to reduce the population down to a level actually needed and to stop the long standing practice of revoking for technical violations. In less than a year, the population went down by about 50%. We need for something like that to happen again.
At one time, the prison was pretty much self-sustaining. It even produced a good share of the food for other state institutions until the crooks decided too much money was being saved by the taxpayers! The dairy produced milk, ice cream, cottage cheese, etc. There was a poultry operation which raised turkeys, and chickens for both meat and egg consumption. There were both beef and hog operations and a slaughterhouse and butcher shop which produced all the meat necessary to sustain the state institutions. They also grew all their own potatoes, cabbage and other vegetables. Then, a realization was made that all the millions of taxpayer dollars being saved could better be utilized by buying these products from local vendors. (Think of all the nice presents being received from those vendors for the business directed their way.)
Over the years, the administration has split positions and jobs so now it takes two or three people to do the exact same thing previously done by one person. This way, all of their friends and relatives can have a state job. Nice for those people but terrible for the taxpayers. The ratio of staff per prisoner is way too high for what is necessary for security and orderly operations. The staff utilizes state equipment for their personal and private use, etc. The above is just the tip of the iceberg. I would be willing to answer any questions or provide additional information. I am also attaching a report from Legislative Services which you may or may not have seen. It helps to demonstrate that the prison population is inflated by the practices and policies of the Parole Board and those practices and policies are contrary to the expectations of our judicial system.
I am writing on behalf of my fellow inmates, men and women. After reading the article written by Ms. Terri Braun Wetzel of MWP published by Connections, I was prompted to share my experience regarding parole board concerns. Montana needs an independent advisory screening committee to oversee all BOPP actions. It is only then that they will be accountable to inmates and their families. I have had the same experience when requesting to review my parole file. Inmates should know and beware that the file at the prison is not the same file in front of the BOPP. In many cases like mine, letters of recommendations are missing, certificates of completions are missing or never added by prison personal, and secret written reports are added without the inmate’s knowledge. Years before my first parole was scheduled in 2007, I requested to review my parole file because I suspected certain staff who had antagonized me were telling administration that I was the “Black’s shot caller” on the yard. I was told by a staff that respected me to check and make sure it did not surface into my BOPP file. Craig Thomas denied that request. MSP prison staff often submit reports to the BOPP “FYI” without the inmate’s knowledge. These reports hurt our chances of being paroled. In many cases such as mine, decisions to deny parole are determined before an inmate is even taken before the Board. The date of the decision in my case was made 5 days before my hearing date.
Because the law grants me this privilege, I made another request to review my file after my parole was denied in March 2009. On April 30, 2009 I was called up to review my parole file and I was sick to discover a report submitted against me with my signature on it. I was created by my then unit managers who had practiced retaliation against me for refusing to be a talebearer. They called me into their office one day asking me to sign a blank sheet of paper. I didn’t want to and wanted to know why buy they insisted it was for some routine thing they needed. Reluctantly I complied only to learn they later created a report alleging “prior wrongs” I was never charged with nor found guilty of. However, the BOPP used it against me anyway when I asked them to consider me for early release after their denial. Craig Thomas wrote back when I asked them to consider me for early release after their denial. Craig Thomas wrote back to say that wasn’t a factor and that the BOPP knew what a conviction was verses alleged charges. But when I asked the BOPP to send me copies of the “prior wrong”, the BOPP response was: “that report is noted in the P.S.I. part of the official record”. This proved to me that the BOPP did in fact consider the “prior wrong” in denying me parole, which was based on allegations which were false and never tried or proven in a court of law. The file also included the pre-sentencing investigation documents and photos, but none of the many letters of recommendation from staff and others. Missing also were my many certificates of accomplishment from over the years. I also found a psychological evaluation that twisted my wording out of context, and an impact statement from my victim’s lawyer who had threatened me 10 years earlier. He had said that if I didn’t send him my insurance carrier’s information he would ask the BOPP to keep me until I discharge. If I complied with his request he said he would ask the BOPP to consider granting me parole. They float out refused to produce a copy of the victim’s lawyer’s impact statement. They simply sighted per 46.23.110 for denying me this and other documents I had requested, saying they were not able to locate them.
After being given 30 minutes to view my file, I was rushed off. I requested copies of several documents in order to have someone review them. The BOPP sent me a few of those documents, but all the ones I had found disturbing and that would hurt my chances of getting a fain BOPP hearing, were denied me. Another truth I discovered is that the prison had originally added a point to my reclassification evaluation that kept my custody level higher for several years. I explained it to a staff after discovering this in my parole file the BOPP had. That point was finally dropped last year in 2011.
In 2011 I again requested to see my parole file because of certain concerns occurring at MSP I had been documenting. This request was denied even though I explained that I needed certain documents in order to sue the BOPP for my release, which they denied me in violation of their own rules. Three times they denied my request stating that I could view it when it got closer to my parole date. I have since placed a request for early consideration of a parole date since their denial of me was not valid. However, all my efforts have been rejected.
I urge all inmates, men and women, to find the MCA that compels the BOPP to allow all inmates to view their files long before they come up for parole. There is a form you can file at your local district court that forces the BOPP to grant your request, assuring you the right to review your file – you’ll be glad you did.
Needless to say, there is a complete lack of trust in matters concerning the BOPP since they seem to be a law unto themselves, a law that is antagonistic towards inmates. We have a responsibility to do our best to hold them accountable.
Clive Wellington Kinlock, Shelby Correctional
FedCURE
This summer I have been working a lot at the Detention Center in Bozeman where they received a new contract to hold Federal prisoners. I have been learning a lot from the prisoners about federal time and how that system is broken. There was a rumor floating around about a bill that would reduce fed time from 85% to 65%. As I started researching this I found it not to be true however there is a bill going before congress in Nov. addressing good time. An organization called FedCURE is proposing the bill and looking for support of the bill to move forward in the 112th Congress. The bill is called “The Barber Amendment -Increased Good Time Allowances.” The Federal Bureau of Prisons is running at 38% over operating capacity. A 10% reduction in the federal prison population would save taxpayers $1.2 billion dollars per year. The President’s Budgets for FY 2012 and 2013, included 48 to 58 million dollars (respectively) in offsets for a proposed legislative initiative that would have allowed 54 days Good Conduct Time for inmates, as well as for general administrative efficiencies. Neither proposal was passed by Congress. While we compliment the Administration’s “54 day a year” proposal, BARBER goes further to save $1.2 billion dollars annually. Put that against the President’s pay freeze for Federal employees that will save $28 billion over the next five years–the measure is a continuation of the administration’s Accountable Government Initiative, designed to cut cost and save taxpayer dollars. Republican’s and Democrat’s and members of Congress agree that the current prison system is way so ineffective and that we have been wrong on crime for the past 28 years. It has been an escalating burden on taxpayers who are footing the bill for more prisons. The penal model enacted by Public Law 98-473 (Sentencing Reform Act of 1984) of “incapacitation” in lieu of “rehabilitation and reentry” has failed miserably. We can and must do better. Our economic crisis is due in part to the state of our judicial system where so many first time non -violent offenders are given Draconian sentences and no means to redeem themselves. Once in the prison system, they have no reason to desire rehabilitation or work towards early release. Americans want to see results, not stiffer sentences. We can change the way the judicial system enforces punishment and how inmates serve their time in a way that would benefit both the inmate and society. The Barber Amendment would benefit the following:
*The Barber Amendment allows the Federal Bureau of Prisons (BOP) to maintain correctional worker staffing and help relieve overcrowding of prisons. *The Federal Bureau of Prisons has a budget that exceeds $6.8 billion dollars a year. After the FBI, the BOP has the largest budget of any unit in the Department of Justice.
*The Barber Amendment saves taxpayers $1.2 billion dollars per year.
* Releasing 10% of the federal prison population pursuant to existing Federal Bureau of Prisons policy and procedures poses no risk to public safety.
* The Barber Amendment – Good Time Allowances rewards those inmates who have shown positive behavior.
* Although early release would not be guaranteed, it would allow a Second Chance to those who prove they are deserving of it.
* The cost to house an inmate for 12 months is almost $30,000.00. Costs rise significantly for all inmates over age 60 and nearly double or quadruple for inmates with medical issues.
* People in prison do not receive the same health care as free people and lengthy non-parolable sentences cause medical emergencies for those in facilities; and huge indigent health care costs upon release.
* The Federal Bureau of Prisons (FBOP) is the largest police force in the United States, more then 37,000 employees. The AFGE.org, the FBOP’s labor union, is battling on the Hill to add 15,000 correctional officers because of safety concerns due to overcrowding and budget cuts. Both Republicans and Democrats agree that building additional bed space in prisons will not resolve the systemic issues of the prison system. We cannot build our way out of this.
* The BOP has been triple bunking because of lack of bed space, which heightens tensions and makes it more dangerous for both staff and inmates.
We are asking all of those interested to go online at http://www.fedcure.org/documents/HR1475.shtml sign the petition supporting the Barber Amendment. After signing the petition there is a link to write your congressman, click on that and tell them to support the bill and also to reduce fed time from 85% to 65%. This bill if passed will be retroactive. Thank you so much for supporting our efforts to help all of you.
We have had many tell us that they would like to go to “Fair Sentencing” and Mandatory sentences along with “Good Time”. We have had officers at the Montana prisons tell us the same thing. “Fair Sentencing” is another major factor to be considered in this whole process. I believe a complete overhaul needs to be done. There needs to be accountability within DOC and BOPP. This is why we have so many organizations that are coming forward, we have a major problem here in Montana. It is time to speak up.
The advocacy group’s complaint, filed earlier this month on behalf of seven female prisoners, targets the five-year-old “Right Living Community” program at the Montana Women’s Prison in Billings.
The suit claims that female inmates are forced to participate in children’s games like “Duck Duck Goose” and “Simon Says” or risk being put into solitary confinement. And unlike male inmates who participate in military-like boot camp programs, the ACLU says women in the Right Living program do not have a chance for sentence reductions.
Department of Corrections spokesman Bob Anez says the agency will respond in court.
BILLINGS — A federal lawsuit filed by the American Civil Liberties Union accuses the Montana Department of Corrections of forcing women prisoners to participate in a degrading treatment program not required of male inmates.
The advocacy group’s complaint, filed earlier this month on behalf of seven female prisoners, targets the five-year-old “Right Living Community” program at the Montana Women’s Prison in Billings.
The suit claims that female inmates are forced to participate in children’s games like “Duck Duck Goose” and “Simon Says” or risk being put into solitary confinement. And unlike male inmates who participate in military-like boot camp programs, the ACLU says women in the Right Living program do not have a chance for sentence reductions.
Department of Corrections spokesman Bob Anez says the agency will respond in court.
They share the same jail, but men, women and children don’t get the same access to fresh air and sunlight, according to a lawsuit filed against the Missoula County Detention Center.
The American Civil Liberties Union of Montana sued Missoula County Sheriff Carl Ibsen, Detention Center Capt. Jason Kowalski, Chief Detention Officer Mark Foss and Detention Sgt. Mark Harris on behalf of three prisoners, Laurna Chief Goes Out, Lynda French and Brandy Burkowski. The suit was filed in Montana District Court on Wednesday.
“The men get an hour of outdoor exercise every single day, but the women never see the light of day,” said University of Montana law professor Greg Munro, who’s volunteering his assistance to the ACLU in the case. “They take turns trying to stand in the sunshine that sometimes makes it to the floor of the gym, just to get some sun. They are pale. The children, the juveniles, are incarcerated for extended periods of time and never see the outdoors. Our contention is they’re not getting what they need.”
Sheriff Ibsen said on Thursday that he’d seen an email version of the lawsuit, but was not ready to make any direct response to it.
Many of the comments from readers on these articles thought this was ridiculous. And from the wording of the article it does sound like children’s games are not a reason to sue. What anyone has failed to mention is it is not right to put one in solitary over something like that. Beyond that no one has mentioned how at the Law and Justice Meeting back in April of 2012 a former female inmate gave testimony about the atrocities that happen behind the walls. She herself was sexually assaulted and testified that others were also. She testified that the females have to serve 90% of their sentence compared to male inmates being eligible for parole after serving 25% of their sentence. (Although we do see that male inmates don’t get out of prison just because they are eligible for parole.) We have had other ex-inmates from the Montana Women’s Prison inform us of sexual assaults against the women, women having miscarriages and other treatments against them.
We seem to have an issue in Montana with officers having frequent sex with inmates both male inmates and female inmates. Montana citizens you need to become educated on what is really happening within the prison system in your own state! We have inmates that are innocent, those that have been rail-roaded, inmates that never get paroled, sexual assaults against inmates by officers, officers bringing in contraband, etc. Yes, criminals need to be behind bars but we also have a major injustice happening within this system. We have officials and state employees committing crimes and no one cares. Read all of the articles within this website, learn what is happening to your fellow Montanan citizens. Educate yourself before you criticize….please.
I love it! We have us a muckraker here, doing what used to be called journalism before the profession went soft.
From Piece Of Mind
*A muckraker is a journalist, author or filmmaker who investigates and exposes political and/or social corruption.*
An exceptionally brave blogger in Montana waging what has to be a lonely war against corruption, and crony capitalism, in the justice system. From NebraskaEnergyObserver
Herds of livestock roam here under the big Montana sky. Cowboys and wranglers watch over them. But these are not ordinary ranch hands. And this is no ordinary ranch. Welcome to the State Prison in Deer Lodge, Montana. 1,300 high and medium security inmates live here. Their range of crimes includes murder and robbery as well as drug possession and sex crimes. In its present day setting, Montana State Prison operates efficiently as both a ranch and a modern high security fortress. But it's legacy is dark and its history is marked by violent uprisings, inhumane conditions and brutality. We'll see where the story began --five miles away from the current cellblocks in the state's original stone prison -- now a relic and tourist attraction that looks like a castle. We'll meet inmates who work on the prison's farm and dairy as well as violent offenders who hold jobs as-- telemarketers.
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