Rehabilitation by stagnation/ 6.45 for 80 hours work!!
Around the country there have been work stoppages by prisoners protesting the slavery their work conditions and pay. Here are two submissions by prisoners in Wisconsin on the Wisconsin system:
1)James Mercer-click to view:http://daytodayadvocacy.blogspot.com/2016/10/more-on-50-restitution-illegally.html
2)Reo Covington (below)
22.40
17.92
14.34
7.17
$6.45
1)James Mercer-click to view:http://daytodayadvocacy.blogspot.com/2016/10/more-on-50-restitution-illegally.html
2)Reo Covington (below)
By: Reo L.
Covington-533457 OSCI;
PO Box 3310
Oshkosh, WI 54903
PO Box 3310
Oshkosh, WI 54903
To all of my
fellow, inmates, and to all supporters and friends and family of the F.F.U.P.
(Forum for Understanding Prisons). Please be aware that the Wisconsin
Department of Corrections, are now engaging
in the blatant sabotage and wholesale stagnation of our rehabilitative efforts
and our successful re-entry into
society as productive and changed citizens. Now, some of you are asking
the questions. How and/or why would or could I say such a bold statement?
PLEASE PAY ATTENTION-ANSWERS COMING: On April
11, 2016, the Wisconsin legislature
enacted, 2015 Wisconsin ALS ACT 355,
which became effective July 1, 2016.
This implementation require that all
restitution owed by an inmate be paid in full, prior
to paying any Victim/Witness or DNA
surcharges or other court related costs. Inside this legislation the Wisconsin
Dept. of Corrections is given the authority to change
the court-ordered 25% deduction from an inmates prison
wages to 50%(violating the Doctrine of
Separation of Powers). This is done under language changes made to DAI
Policy 309.45.02-Inmate Trust System Deductions.
These changes have caused amendments to sections of 973 of Wisconsin Sentencing statutes, which now give the Wis. Dept. of Corrs., explicit authority to do the
following:
a) the authority to combine all inmate trust accounts(i.e.his/her release account + regular/accessible account, work release, etc.), and
using this type of computation then deduct 50% of the previous months total,
claiming it is for restitution owed victims for loss
of property or damage done to their goods. This draconian act punishes the inmates more severely than the sentencing courts. At the same time this farce by the DOC punishes any person or group of persons who might try to assist an inmate (family, friends, non-profits). Because if an inmate, who receives $20 in a money order, owes any restitution, under this scheme $13 will automatically be deducted from the senders' money(gift, gratuity) and making it nearly impossible for an inmate to buy his own hygiene(deodorant,effective soap,lotion, shampoo,
antifungal cream) writing materials;(tablets, pencils, pens, envelopes) and postage-$0.65/per embossed envelope. These items are not given to inmates in the WDOC prison system, regardless of what their publicists say in press releases.
b) the unilateral authority to modify the order of the circuit court that sentenced the inmate, to pay 25% of the inmate's prison wages for restitution, surcharges and other related court costs, to now state in the language to deduct these obligations of the inmate's
from all monies no matter what the source or nature
of the monies(gifts, gratuities,etc).
I am
not unempathetic to victims who have suffered losses due to
crime, and I believe they should get the equity in law through reimbursement
or restitution. And in theory that is a great plan.
The sad truth, the gospel truth is that Act 355, guised under
DAI Policy 309.45.02, is sabotaging the rehabilitative efforts of the inmates
in Wisconsin. Taking the ability to establish a sound release
account, taking the inmate's ability to purchase his or her hygiene
items, writing materials and postage. Taking the thief who
decided to work while in prison to train his or herself for
employment in the community and saying to that person you can work
but we are going to strip: you of every, piece of moral
fiber to pay the restitution you owe. The armed robber who owes
thousands and thousands, has no hope of saving his prison wages for the
purchase of a typewriter or gym shoes due to the
implementation of ACT 355, guised in DAI Policy 309.45.02. The
statistics show that most inmates will re-offend within 2-3 years. The new
changes forces him or her to remain in the same
thinking patterns and behaviors (criminal thinking/behaviors)that brought them
to prison just to survive from one day to the
next in prison. Most of this leads to criminal activity even-in
prison. Just to obtain basic hygiene needs or some extra food.
Once an inmate is released from
prison he or she will have next to nothing and very little,
if any money at all in the mandatorily deducted release
account. The whole legislative intent of the release account was
to give the inmates a leg up once released so they did not
have to go back to the community starving or destitute. To assist
him in the first days and weeks of re-entry with food, clothing
and shelter, through his or her own means(i.e. release account). Not any
longer.
At the current rate of
deductions, I personally will be penniless in 28 months, upon my
release, due to the fact, that, even if I did not have any
institutional wages, these new changes allow
the DOC to deduct funds from my release account(which is
combined with my regular account) until I am destitute. This is
sabotage and stagnation of my rehabilitation and re-entry efforts.
The average inmate(one who owes no federal court fees, or
obligations) but still owes restitution, victim/witness and or
DNA surcharges and other court costs, is in dire straits under
this draconian enactment(guised in DAI Policy 309.45.02).
Admittedly some inmates do not owe restitution and some may
have managed to pay it off over the course of their lengthy incarcerations. I
hope they are thankful. I, on the other hand, since
my revocation on a 2002 case still owe restitution to First
Federal bank( who by the way has not received one penny of
the money deducted from me over the last 8 years) 3 separate filing
fees in federal court and a mandatorily deducted 10% for a
release account(that the Doc has already started to drain). I was recently
placed into a work assignment that has a pay
range of $0.35/hr @ 80 hrs/2-wks= $ 28.00/2-wks and my
deductions look like this at the end of 2 weeks:
$28.00 - institutional wages
- 5.60 - 20%
federal filing fee
__________________________
22.40
- 4.48 - 20%
federal filing fee
___________________________-
17.92
3.58- 20% federal appeal filing fee
______________________________
14.34
- 7.17 - 50%
restitution(First Federal bank-my victim)
_________________________________--
7.17
.72- 10 %
mandatory deduction (release account)
_______________________________________________________
$6.45
6.45 is what is left for me after
2 weeks of labor at the Oshkosh Correctional
Institution, under the new scheme and policy
changes enacted under ACT 355. Of course it was my own choice
to file civil actions in the federal courts and I can only
hope that you may remember that Brown v. Board of Education was a
civil action under Section 1983 and it was cases like these
that gave us minorities the right-to vote if we are not disenfranchised
by the system. It also gave us the right to fair
and equal housing and employment as well as the right to not
be discriminated against for our ethnic or racial origins. My
purpose in this revelation of information, is to put a face on
the real enemy-the ones that are filling the prisons to overflowing,
leaving thousands of families broken and torn often in
irreparable conditions. The ones that you (John and Jane Citizen) never
hear about, the Jon Litscher's of the DCC, the William Pollards of the DCC, the
Judy Smiths and Paul Kempers of the DCC. These people all have the
ears of our legislature who passed ACT 355, and they knew that the
act itself was not important to you in the public and in
response to all inquiries they have said it is to pay back the
victims who suffered losses due to criminal activity. They have lied
to us all. Malcolm X, once said something to the effect of "I have no
respect nor can I ever have respect for a society
that places a crushing weight on a man,
but then punishes him for cracking under that weight". Prisons are for punishment and rehabilitation. But we (society)
can not effectively combat the war on
violence, crime and drugs by
contributing to the problem. Our criminal thinking patterns were learned over years and embedded into our lifestyles.
Now how can we get away from those
thinking patterns and behaviors if the DOC is
using mob-styled tactics to force us into recidivism? That's what these new changes are going to do
to many inmates, some long before
release will already be in prime crime
thinking mode due to the actions of the DOC, under guise of ACT 355.
The real
enemy in Wisconsin that is halting the reform of the criminal justice system are people who are making a
living (making a killing) off of prison
labor, prison industries and other prison
programs that were intended to help the inmates and their communities upon the release of the inmates.
They are, well most are, now nothing more
than ways to scam the federal government
and tax-payers out of more money to siphon off to cousin Ed who owns the electrical outlet down the road or
to aunt betsy who owns all of those
vending machines (the ones that dispense heroin)
yeah, it is all a sham. Yet, as an inmate I must endure the price hikes of commissary every single
year for the past 5 years and there has
been no-increases to the inmate wages
in nearly 15 yrs. and that was not an increase but it was ,a decrease, but the last effective change with
any benefits to inmates. Now the
combining of all inmate trust accounts,
only to deduct the funds for restitution is a farce a sham. Most victims of a crime in this state never see a
dime of restitution. Please pray
to open your eyes and mouth to combat the inequalities that are being waged against the prisoners in the
criminal justice system. Because if we do not say and do something now, the
next crime an unrehabilitated offender commits may be against you or someone you love. Your voice and vote does
matter. The DOC can take
my release funds to pay restitution and court costs. But I am not allowed to use this money to purchase gym
shoes(even though the DOC will not
supply me any); I can not use these funds to
purchase educational materials or legal books and dictionaries, nor to purchase gifts for my kids or
grand-kids. That is not only draconian,
but the whole implementation violates Article 1; Section 12 of the Wisconsin Constitution-(Ex
Post
Facto).
When I was a
carnival game operator, we called what the DOC is doing, " Theft By Deception". Maybe my status as a prison inmate has me a little biased in my opinions. But facts,
do not lie. So please do your research
and see for yourself, that I have given
you the Gospel Truth in this matter..The Doc will
take 65% of an inmate's funds even if they come from friends and family trying to help him or her get
through the rough times, until all
debts are paid or the inmate has no funds
left (release or otherwise).
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