“No prison is as dirty as this one”

By Matt Stroud, Criminal Justice Researcher, ACLU of Pennsylvania

Lackawanna County Commissioner Patrick M. O’Malley pins a captain’s badge on County Corrections Officer William Shanley. A civil lawsuit alleges that Shanley was part of an elaborate sexual assault scheme in Lackwanna County Prison, and that O’Malley played a role in attempting to cover it up. Photo via Lackawanna County.

Let’s talk about the raid at Lackawanna County prison.

During more than 10 hours last Thursday, investigators with the Pennsylvania State Police and the state Attorney General’s office descended upon county facilities in Scranton.

We linked to a related story last week, but it’s worth some further contextualization. Though Attorney General Josh Shapiro’s office has been mumon the reason for the law enforcement attention, multiple news outlets reported that it involved a grand jury investigation into allegations of sexual abuse. The Times-Tribune even added up the tab that Lackawanna County has paid thus far to correctional officers placed on administrative leave while the investigation unfolds.

If it does involve sexual abuse allegations, there are some hints about where its focus might lay.

Have a look at this civil complaint. It’s horrifying. It alleges that numerous current and former Lackawanna County correctional officers — such as John Shnipes, who was forced to resign in 2013, and William Shanley, who now serves as a captain at the prison — used the institution as grooming ground for perverse sexual conquests with female inmates both inside the prison and while inmates were on work release. Not only does it allege that COs carried out continual sexual attacks on multiple female prisoners, but it explicitly accuses other officers and high-level officials of perpetuating an elaborate cover up.

Just as an example (and there are many in the complaint), county prison officials, for years, received troubling information about Schnipes’ sexual attacks at the prison. They even convened a grand jury in 2010 to investigate him. Between 2011 and 2013 — while he was under active investigation — the complaint says Schnipes continued sexually assaulting women at the prison, and even set up other COs to carry out similar attacks.

Schnipes was eventually forced out. But there have been allegations — some in court, as recently as this year — that whatever actions occurred following that grand jury investigation were little more than window dressing to give the appearance of aggressive oversight while a broader sexual assault conspiracy continued.

It wouldn’t be a stretch to imagine that was the case. As outlined in the civil complaint, Patrick O’Malley — a Lackawanna County Commissioner who served as a corrections officer at the county prison for 15 years — is alleged to have shared information that he learned from Prison Board meetings to a CO who had come under fire, “warning her that she was going to be investigated.” The complaint concludes that “this was part of the cover-up and conspiracy perpetrated by him and other policy makers which caused Plaintiffs to be assaulted and caused the delay in them uncovering the current cause of action.”

As the Times-Tribune’s Borys Krawczeniuk pointed out on Sunday, Lackawanna County prison has a shocking history of criminal staff behavior. Institutional sex crimes are only part of it: Employees have been accused of physical assault, graft, failing to treat sick and injured inmates, and even failing to perform simple housekeeping duties.

“No prison is as dirty as this one,” a source told Krawczeniuk.

That source was being literal — referring to employees actually failing to clean dirt and grime from the prison. But he may as well have been speaking of the culture as a whole.

Whatever the outcome of Shapiro’s probe, there are a lot of questions that need to be answered about Lackawanna County prison.

Maybe soon we’ll have answers.

IN OTHER NEWS

(Criminal justice news deserving of an in-depth look.)

Barbed wire fencing at the State Correctional Institution Phoenix. Photo via The Philadelphia Inquirer.

  • Philly.com: “How computers are predicting crime — and potentially impacting your future”

“‘The sad thing is you risk shooting yourself in the foot when you behave as if you have something to hide,’ Berk said. ‘There’s nothing to hide.’ Probation and Parole’s unwillingness to release details about its risk-assessment tool, used to manage supervision for nearly every offender under its watch for the last eight years, strikes at concerns that have been simmering as Philadelphia prepares to create a similar computer model for use in bail decisions. Some who are watching that process closely have questioned whether the tool will be racially biased, whether the factors it weighs will be made public, and, fundamentally, whether a computer algorithm should play any role in deciding a person’s future.The debate is sure to be rigorous, as it has been in the dozens of other jurisdictions across the country already using risk-assessment tools to help guide decisions about bail, sentencing, and parole. The tools, like judges, are bound to make bad forecasts that could lead to the release of a suspect better kept incarcerated until trial or the over-supervision of a parolee who might then struggle to keep a job. The question that divides the criminal justice world is whether risk-assessment tools make the imperfect process used now better or worse.” Related from BillyPenn: “Can Philly’s new technology predict recidivism without being racist?”

  • More Philly.com: “America, we need to talk about this ‘police riot’ in a major U.S. city”

“We live in a nation that has always given broad leeway to law enforcement, and I have no doubt that many people reading this — perhaps the majority — will insist that the overzealous police response was nonetheless necessitated by the handful of folks among the crowd who did, most regrettably, commit acts or vandalism or violence. But that attitude overlooks the bigger and most alarming reality of what actually has been happening in St. Louis: A police force determined to go well beyond its public-safety responsibilities to assert an intimidating level of social control, to show who runs public spaces in ‘their’ city — them, and not its citizens — while crushing any dissent targeting its own sordid history of misconduct, including a record of white officers killing black civilians at a rate unmatched by other large cities. Lest there be any doubt of this last Sunday night, as scores of people were carted away, deprived of liberty, officers marched in formation through the pacified thoroughfares of St Louis, stunning the remaining journalists and onlookers by chanting, ‘Whose streets? Our streets!’ — both echoing and mocking the protesters in greater St. Louis who have been marching for social justice since the 2014 police killing of Michael Brown in nearby Ferguson. A short time later, the city’s acting police chief bragged that ‘we owned the night.’ Left unanswered was the question of whether a community where police own the streets and own the night is, by definition, a police state.””

THE APPEAL — The Appeal is a weekly newsletter helping to keep you informed about criminal justice news in the Commonwealth of Pennsylvania and beyond. If you’d like to receive this weekly newsletter, you can subscribe here.

JOIN— The ACLU of Pennsylvania’s mailing list to stay up to date with our work and events happening in your area.

DONATE — The ACLU is comprised of the American Civil Liberties Union and the ACLU Foundation. The ACLU Foundation is the arm of the ACLU that conducts our litigation and education efforts. Gifts to the ACLU Foundation are tax-deductible to the donor to the extent permissible by law. Learn more about supporting the work of the ACLU of Pennsylvania here.

Solitary Confinement Since 1973 – That’s 44 Years

By Matt Stroud and Midge Carter, ACLU of Pennsylvania

Hell is a “restricted housing” cell within Pennsylvania’s Department of Corrections. Photo via Flickr user jmiller291.

Daniel Delker is a Pennsylvania prisoner who has been in solitary confinement since 1973. That’s 44 years.

It’s likely that you’re aware, at least on some conceptual level, of what solitary confinement is — that it’s a punishment, often referred to as “the hole,” restricting a prisoner to a cell for nearly 24 hours per day, with rare opportunities to leave the cell for showering and exercise. In Pennsylvania, they call it the “Restricted Housing Unit.”

It’s also likely that you have some idea of what the effects of such an isolated punishment might entail. Maybe you read Atul Gawande’s 2009 New Yorkerpiece “Hellhole” about the reasons why solitary confinement should be considered psychological torture. Or maybe you read The Washington Post’s July 15 editorialcalling out the federal Bureau of Prisons for continuing to use solitary confinement even though its leaders know solitary confinement equals torture.

But if you’re like us, the idea that someone might find themselves in such a circumstance for 44 years — for longer than Beyoncé and Leonardo DiCaprio have been alive — is mind-boggling. Particularly in Pennsylvania, where the commonwealth’s corrections secretary is lauded, sometimes in high-profile outlets, as a reformer.

What surprised us even further when we started looking into Delker’s case was that he’s one of dozens of people confined similarly — on something called the “RRL,” or the “Restricted Release List” — within Pennsylvania’s Department of Corrections. Spelled out in the prison system’s DC-ADM 802 procedures manual, the RRL is a group of prisoners held in solitary confinement indefinitely. They don’t know when they’ll be released into general population — and neither does anyone working for DOC.

Recently, ACLU-PA — with the help of spring 2017 Criminal Justice Intern Morgan Everett — came out on the winning end of a months-long public records skirmish with DOC about access to this list. The list itself contains names of RRL prisoners, as well as reasons why those prisoners were placed onto the list in the first place. After DOC denied our initial request to provide the list, we appealed to the Office of Open Records, which eventually came to a compromise decision: that DOC could provide us with names of people on the RRL, but redact the reasons why they were on the list.

Fair enough. To its credit, DOC actually sent us the redacted list and didn’t force us to sue. We’ve since sent surveys to each and every one of the 100 people on that list — 100 people locked up indefinitely in solitary confinement — to get the information DOC withheld, and more: We wanted to find out how long they’ve been locked up, what procedures were individually set up for being released from the RRL, what kinds of conversations they’ve had with counselors during their stay in isolation, and whether they’ve had any interactions with mental health professionals, among other things.

We’ve learned a lot so far. Decades in solitary confinement is not unusual among people on the list, for one, and there’s already been an RRL death since we received the list. About three-quarters of the prisoners on the RRL have responded to us — and we’re learning more with each response we receive. But what we still don’t know is why such a list needs to exist at all.

Atul Gawande said it in “Hellhole.” The Washington Post said it in its editorial a couple weeks back. Countless organizations have spelled it out over, and over, andover again: Solitary confinement is torture. It’s unfair. It’s a drain on resources. And it doesn’t help anyone. It doesn’t help those who serve sentences in solitary confinement and are then released onto the streets. And it certainly doesn’t help those who have been locked up for 44 years.

The idea that Pennsylvania continues to confine its prisoners in isolation is baffling enough. (More than 2,200 Pennsylvania prisoners — about four percent of the state’s prison population — are confined to solitary.)

The idea that it keeps some of these prisoners in a secluded limbo for decades on end is beyond comprehension.

It’s indefensible.

Let’s hope DOC leaders wake up to that reality soon.

EXCERPTS

(Criminal justice news deserving of an in-depth look.)

Debtor’s prisons still exist; Pennsylvania residents are still being jailed for the inability to pay fines. Photo from The Legal Intelligencer.

  • Andrew Christy, ACLU-PA Independence Foundation Fellow, writing in The Legal Intelligencer: “Thousands Jailed in Pa.’s Modern Debtors’ Prisons”

“My investigation of court collections ­practices suggests that many judges on both the courts of common pleas and the ­magisterial district courts fundamentally misunderstand what constitutes a defendant’s ability to pay, and thus what constitutes a willful act justifying a finding of contempt. If a defendant is unable to pay, then that defendant by definition lacks the ability to pay, the failure was not ­willful, and there can be no finding of contempt and incarceration…. Nevertheless, these practices continue to be widespread, as was recently documented by the Pennsylvania Interbranch Commission for Gender, Racial and Ethnic Fairness in its report ‘Ending Debtors’ Prisons in Pennsylvania,’ to which the ACLU contributed.”

  • CityLab: “Attorney General’s Civil Asset Forfeiture Orders Are ‘Irrelevant’ in Philadelphia”

“Civil asset forfeiture remains a problem, however. For one, it’s still legit for cops to take your property if they suspect it’s tied to a crime, and the victims of those takings still have no right to a lawyer to get it back. Moreover, the profit incentive for law enforcement officials to pursue seizing people’s assets remains.”

  • The New Yorker: “A Veteran ICE Agent, Disillusioned with the Trump Era, Speaks Out”

“The agent, who has worked in federal immigration enforcement since the Clinton Administration, has been unsettled by the new order at ice. During the campaign, many rank-and-file agents publicly cheered Trump’s pledge to deport more immigrants, and, since Inauguration Day, the Administration has explicitly encouraged them to pursue the undocumented as aggressively as possible. ‘We’re going to get sued,’ the agent told me at one point. ‘You have guys who are doing whatever they want in the field, going after whoever they want.’”

  • Times-Union: “Albany County inmate’s death ‘shocks the conscience'”

“The criticism wasn’t an anomaly for Correctional Medical Care, a Pennsylvania-based private company. A month after Cannon’s death in August 2014 — but long before his case was investigated — the office of New York’s attorney general reached an agreement with the company that allowed it to remain in business in New York with monitoring through May 2018. The company paid a $200,000 penalty and agreed to improve staffing levels and training practices.”

THE APPEAL — The Appeal is a weekly newsletter helping to keep you informed about criminal justice news in the Commonwealth of Pennsylvania and beyond. If you’d like to receive this weekly newsletter, you can subscribe here.

JOIN— The ACLU of Pennsylvania’s mailing list to stay up to date with our work and events happening in your area.


DONATE
 — The ACLU is comprised of the American Civil Liberties Union and the ACLU Foundation. The ACLU Foundation is the arm of the ACLU that conducts our litigation and education efforts. Gifts to the ACLU Foundation are tax-deductible to the donor to the extent permissible by law. Learn more about supporting the work of the ACLU of Pennsylvania here.

“This place would not pass any health codes”

By Emilia Beuger , ACLU-PA Justice Intern

Are conditions in Pennsylvania’s prisons worse than those run by private prison companies? Photo via A.R.M.E.D.

Prisoners don’t get a lot of meaningful attention. Sure, some reality television shows claim to show “life on the inside” while occasional documentaries bring attention to prison conditions. But, for the most part, prisons serve their basic function — that of regulating prisoners’ “movements, activity, and effectiveness,” as Foucault put it, and of separating them from society. Federal civil lawsuits are filed just about every day by Pennsylvania prisoners who claim to have their rights violated behind bars, but it’s not likely you’ll hear anything about them. Prisoners are a concealed population; to most, they may as well not exist.

Which is why it’s been interesting to follow along as conditions within Pennsylvania’s Department of Corrections have received attention recently. Pennsylvania’s prisons are allegedly “dirty,” and “not livable.” The treatment that prisoners receive from guards borders on “harassment.” Did something change just recently? Did a major policy shift negatively affect prison conditions for Pennsylvania’s 51,000-odd residential prisoners causing them to speak out? Nope. Turns out, all it took was a view from the outside.

Some background: On June 12, 2017, 269 Vermont prisoners were transferred from Michigan’s North Lake Correctional Facility to SCI Camp Hill — Pennsylvania’s State Correctional Institution and processing center, near Harrisburg. The Vermont prisoners had been transferred out-of-state due to overcrowding.

Such transfers occur through the Interstate Corrections Compact. Not every state in the country is a member, but most are. Transfers occur mainly due to overcrowding and security issues, and these transfers tend to benefit private prison companies such as Florida-based GEO Group, and the Utah-based Management and Training Corporation. Another private prison contractor, Tennessee-based CoreCivic, housed some 9,500 California prisoners in three states after Governor Arnold Schwarzenegger declared a 2006 state of emergency in Golden State prisons.

But sometimes private prison companies decide they’d rather not bother. That’s what happened in Michigan. GEO Group owns the North Lake Correctional Facility, which was designed to hold nearly 1,800 prisoners. Vermont’s 269 prisoners were the only people inhabiting that facility, so in December 2016, GEO’s executives decided those prisoners weren’t worth the trouble. Vermont’s contract was not renewed.

That turned out to be good financial news for Pennsylvania’s DOC. If GEO Group didn’t want Vermont’s prisoners, Pennsylvania would take them. A three-year agreement was finalized on May 1, 2017, to allow a maximum of 400 Vermont prisoners to be shuttled and dropped into either SCI Camp Hill or SCI Graterford.Vermont would pay $72 per day, per prisoner. Secretary, John E. Wetzel touted the deal to Fox43, noting that Pennsylvania had approximately 5,000 empty beds across the state. “Vermont is looking for beds at the same time we have available beds, so it works out for both states,” he said.

That was more than a little misleading, though. If you look at Pennsylvania’s current monthly population report, sure, it looks like there’s an overall excess of beds statewide. But SCI Graterford, located about 30 miles northwest of Center City Philadelphia, is not only the largest prison in the commonwealth, it’s also one of the most crowded — well over capacity, holding about 110 percent of the number of prisoners it was designed to hold. Same goes for SCI Camp Hill: It’s the commonwealth’s second largest prison, and it’s at more than 105 percent capacity.

Unsurprisingly, the Vermont prisoners — who had the run of a Michigan facility that held only a fraction of the prisoners it was designed to hold — have begun complaining about the conditions at SCI Camp Hill and SCI Graterford. They have expressed concern about “extremely short showers once per day, dirty facilities, only being issued one pair of clothing, and constant yelling and ‘harassment’ from prison guards,” according to the Burlington Free Press. One prisoner recalled being told that “meals here are a privilege not a right.” The prisoners also complained about not having access to a library containing Vermont’s legal code, which is a constitutional right in that state.

Suzi Wizowaty, executive director of Vermonters for Criminal Justice Reform, told the Burlington Free Press that Pennsylvania’s DOC clearly “wasn’t ready for us.”

“This place would not pass any health codes,” she went on. “[It’s] really not livable.”

The Vermont inmates may have had access to an unusual amount of space in Michigan, but they were incarcerated, and under the purview of GEO Group — a company whose privately-operated prisons have faced no shortage of condemnation related to conditions and alleged prisoner abuse.

Prisoners are a concealed population, yes. And, to most, they may as well not exist. But the fact that Pennsylvania’s prisons apparently fail to match up to GEO Group’s track record for prison conditions should concern everyone — whether they make it a habit to follow prison news or not.

Maybe this view from Vermont will grant Pennsylvania’s prisoners more of the meaningful attention they deserve.

IN OTHER NEWS

(Criminal Justice news deserving of an in-depth look)

The Third Circuit ruled last week that recording police in public is a First Amendment right. Photo via Campaign Zero.

  • ACLU of Pennsylvania, via Molly Tack-Hooper, Staff Attorney: “One of the Nation’s Only Judges to Rule Against Right to Record Police Just Got Overturned”

“On July 7, the Third Circuit reversed that ruling, concluding that Mr. Fields and Ms. Geraci’s First Amendment rights had been violated. The court explained that, because the First Amendment plainly protects the right to possess and distribute photos and videos, it must also protect the act of making those photos and videos. But even more importantly, the court explained, the First Amendment protects the right to gather information about public officials, including police officers. Without a constitutional right to collect and disseminate information about the government, the people would be left in the dark, unable to make informed decisions and participate effectively in the democratic process.” Also check out approving nods from Post-GazettePennLive, and Times-Tribune, and a Facebook Live episode with Molly Tack-Hooper and noted beardsman Ben Bowens.

“Pennsylvania Senate Bill 560 is now Act 22 of 2017, loosening rules around police use of cameras. With the legislation signed, more police departments in Pennsylvania could increase their use of cameras, including body-worn cameras. ACLU-PA staffers Elizabeth Randol, Matt Stroud, and Andy Hoover discuss the implications.”

  • Pittsburgh Post-Gazette: “Unsettled in America: Pittsburgh’s Latino community is small, diverse, growing — and anxious.”

“The large majority of Latinos are, in fact, U.S. citizens or legal residents. But tensions are high for those who aren’t, and their families, supporters and anyone concerned about a broader anti-Latino backlash. Immigrants and their advocates have marched in various demonstrations in recent months, often joining with refugees and Muslims challenging similar travel restrictions under the Trump administration. Some are calling for Pittsburgh and other local governments to have ‘sanctuary’ status and not cooperate with deportation efforts. Some local immigrants have been deported already, others have been detained and still others, like Mr. Marroquin, are awaiting hearings. Many, though, have lived with knowing their turn may be next, whether they’re farm workers in an outlying county or whether they’re suburban restaurant dish washers.”

THE APPEAL — The Appeal is a weekly newsletter helping to keep you informed about criminal justice news in the Commonwealth of Pennsylvania and beyond. If you’d like to receive this weekly newsletter, you can subscribe here.

JOIN— The ACLU of Pennsylvania’s mailing list to stay up to date with our work and events happening in your area.

DONATE — The ACLU is comprised of the American Civil Liberties Union and the ACLU Foundation. The ACLU Foundation is the arm of the ACLU that conducts our litigation and education efforts. Gifts to the ACLU Foundation are tax-deductible to the donor to the extent permissible by law. Learn more about supporting the work of the ACLU of Pennsylvania here.

The work of defending civil liberties goes on

ACLU of Pennsylvania Executive Director Reggie Shuford addresses the crowd at the “Show Love for the Constitution” event. | February 15, 2017. (credit: Ben Bowens)

Dear supporter,

In some ways, our country changed on November 8. The United States elected a leader who, by all measures, is hostile to the basic foundations and principles that we stand for. President Trump and his regime deserve every ounce of pushback we can gather, and the ACLU will be on the front lines of the resistance.

And yet, at the ACLU of Pennsylvania, we have always taken the long view. Issues that are with us today were with us before November 8 and, to one degree or another, would have continued regardless of who was elected, including mass incarceration, police brutality, inequality for gay and transgender people, and efforts to compromise women’s access to reproductive healthcare.

You may have heard that there has been a major increase in giving to the ACLU since the election. While much of that growth has occurred at the national level, in fact, here in Pennsylvania, our membership has tripled. We saw a notable rise in donations after Election Day, but the real surge of giving happened after the weekend of the Muslim Ban. It was in that moment that many Pennsylvanians realized the significance of the threat to our values and to the people we most cherish.

You have put your trust in the ACLU in these challenging times. We are grateful for that trust and take it as a responsibility. Thank you.

The generous outpouring of support we’ve received in recent months has allowed us to think big about our work. It is my intention to add new staff to our existing staff of 22. Our current team has the talent, skills, and persistence to take on the many challenges before us. I also know that we can advance the cause of civil liberties throughout Pennsylvania by bringing even more talented people on board. The times demand it. Your support enables it.

In the months ahead, you’ll hear more about our Smart Justice campaign, our effort to reform, reinvent, and revamp the criminal justice system; our Transgender Public Education and Advocacy Project; the campaign for District Attorney in Philadelphia; the many bills we’re advocating for and against at the state capitol; and more litigation to push back against government excesses wherever they occur.

The ACLU of Pennsylvania is prepared to thwart the Trump administration’s worst instincts as they play out in the commonwealth.

And state and municipal officials aren’t off the hook. We’re working with immigrant communities to monitor federal immigration enforcement tactics while also standing with municipal governments that insist they won’t bend to every demand of ICE. We’re insisting that the commonwealth keeps its commitment to open beds for people who are too ill to stand trial and are being warehoused in local jails. We’re working at the state legislature to defeat efforts to hide the identity of police who seriously injure and kill people and to hide video that captures police brutality from the public. And we are active in ongoing struggles to diminish police presence in schools, to stop rollbacks of women’s reproductive healthcare, and to fight the practice of jailing people for their debts.

The ACLU of Pennsylvania has the infrastructure and the experience to defend civil rights at every turn. Consider some of our recent work:

  • Our legal team successfully freed travelers who were detained at Philadelphia International Airport the weekend of Muslim Ban 1.0, our advocacy team supported the protests at airports in Philly and Pittsburgh, and our communications staff echoed the message to #LetThemIn.
  • Two weeks ago, we settled a lawsuit against the School District of Lancaster for denying enrollment at its regular high school for older refugee students. Older refugee students will now be able to attend the regular high school instead of being segregated at an alternative school.
  • Over the last month, our legislative director has been busy at the state capitol in Harrisburg lobbying against efforts to reinstate mandatory minimum sentencing, which has been suspended for two years due to court rulings.
  • In tandem with allies, our advocacy team has launched the Philadelphia Coalition for a Just District Attorney, an effort to push the candidates for district attorney to commit to reforming the criminal justice system.
  • Last week, our lawyers filed to intervene to defend a school in Berks County that has been sued for affirming its students’ gender identity. We’re representing a transgender student and a youth advocacy organization who would be harmed if the lawsuit successfully overturns the school’s practice.

These five examples are just from the last two months. In fact, four of them happened in the last two weeks.

My favorite playwright, Pittsburgh native August Wilson, said this about gratitude in his play Two Trains Running:  “You walking around here with a ten-gallon bucket. Somebody put a little cupful in and you get mad ’cause it’s empty. You can’t go through life carrying a ten-gallon bucket. Get you a little cup. That’s all you need. Get you a little cup and somebody put a bit in and it’s half-full.”

Well, thanks to you, our ten-gallon bucket runneth over.

Onward!

Reggie Shuford
Executive Director, ACLU of Pennsylvania

Is the commonwealth doing enough?

By Matt Stroud, Criminal Justice Researcher/Writer, ACLU of Pennsylvania

Philadelphia’s Eastern State Penitentiary has been closed since 1971. Pennsylvania’s prison secretary wants to close two more prisons.

(Excerpt from Andy Hoover’s Closing prisons isn’t a good thing or a bad thing. It’s a thing.)

Last Friday, Department of Corrections Secretary John Wetzel announced that the DOC will close two state prisons. He identified five finalists for closure.

Closing prisons is a good thing if it’s happening for the right reasons. Governor Tom Wolf said the closures would save the commonwealth money during a time when strains on the state budget are significant. Wetzel said transferring the inmates from closed prisons would be manageable.

But what happens when the department puts the same amount of people into a smaller space? A prison is like a small town of a few thousand people. Any time the population increases significantly in a short amount of time, it has the potential to strain resources and services.

We and our allies have raised concerns about the impact on the living conditions of inmates. John Hargreaves of the Pennsylvania Prison Society told PennLive, “When they run out of space, the dayrooms and the gyms are filled up with beds,” he said. “Those are the places the inmates go to get out and let out steam.” Since 2009, the population of Pennsylvania’s state prisons has decreased by 7.6 percent, from a peak of 52,000 to its present population of 48,000. The decrease amounts to roughly the population of two prisons..

Which sounds good. But is the commonwealth really doing enough to lower prison populations?

Other states have been more serious about ending mass incarceration than Pennsylvania has. Mississippi decreased its population 17 percent in two years by reforming its parole system. In Pennsylvania, the legislature and then-Governor Tom Corbett repealed our early release program in 2012.

Sometime this month, the Justice Reinvestment Initiative, a project initiated by the commonwealth’s three branches of government to analyze data on the criminal justice system and to offer recommendations for a more efficient system, will release its final report. At a meeting last month, researchers for the project stated that, if every recommendation is implemented, our state prison population will drop one percent by 2022. That hardly qualifies as bold thinking.

Closing prisons is not a good thing or a bad thing. It’s just a thing. In our work on mass incarceration, the closing of prisons has never been an end unto itself. It’s a result of the goal we seek, and the goal we seek is a common-sense approach to sentencing and parole policy. If that’s why two state prisons are closing, that’s great. If the DOC does not carefully monitor conditions for the same amount of people in fewer spaces, then they can expect to hear from us and our allies again.

Read the full article here.

IN OTHER NEWS

(Criminal justice news that could use a second look.)

Terrell Thomas lost his brother to gun violence. Photo from PublicSource.

  • From Public Source: “The ‘new Pittsburgh’ takes root on the Hilltop. But gun violence remains.”

“Everybody wants to hide behind this mask that we’re doing the best we can,” said Carrington, founder of Voices Against Violence and a resident of Beltzhoover. “You’re full of shit. We’re not doing anything.”

“The accused guards coerced the incarcerated women into the sex acts by giving them extra privileges or threatening to take away privileges or throw them in the restricted housing unit, the suit says. When they were free, the guards manipulated them into having sex by threatening to have their probation revoked, the suit says. Two of the women say they tried to report the abuse to other guards and prison officials. Rather than help them, the guards harassed and berated them and actively helped the abusive guards conceal the assaults, the suit says.”

Read the second amended complaint of the lawsuit here.

  • From The Inquirer: “Shooting of deliveryman results in largest police settlement in city history”

“Hanvey and Farrell told investigators they approached Holland because they saw him walking past a Chinese restaurant on 51st Street and asked a witness on the street where the gunshots she’d heard had come from. They said the woman had pointed toward Holland and said the shots came from where he was walking. But the woman later told police investigators she had only pointed toward the Chinese restaurant, and didn’t mention a man at all.”

THE APPEAL — The Appeal is a weekly newsletter helping to keep you informed about criminal justice news in the Commonwealth of Pennsylvania and beyond. If you’d like to receive this weekly newsletter, you can subscribe here.

JOIN— The ACLU of Pennsylvania’s mailing list to stay up to date with our work and events happening in your area.

DONATE — The ACLU is comprised of the American Civil Liberties Union and the ACLU Foundation. The ACLU Foundation is the arm of the ACLU that conducts our litigation and education efforts. Gifts to the ACLU Foundation are tax-deductible to the donor to the extent permissible by law. Learn more about supporting the work of the ACLU of Pennsylvania here.

Abu-Jamal Hep C treatment victory will benefit 7,000 PA state prison inmates

By Matt Stroud, Criminal Justice Researcher/Writer, ACLU of Pennsylvania

A federal judge has ordered Pennsylvania’s Department of Corrections to provide Mumia Abu-Jamal with hepatitis C treatment. Photo via The Inquirer.

In a victory for some 7,000 Pennsylvania state prison inmates, a federal judge this week ordered that Mumia Abu-Jamal — the activist and radio journalist serving a life sentence at a state prison in Frackville — should be treated for his hepatitis C infection.

Hepatitis C is pervasive in prisons; in Pennsylvania, about 14 percent of the state’s prisoner population is infected with it. But the only cures are produced by Gilead Sciences Inc., AbbVie Inc., and Merck & Co., which charge as much as $94,500 for complete treatment. In a remarkable opinion by Middle District Judge Robert D. Mariani, the judge was unmoved by the cost, which could rise to as much as $600 million if every one of Pennsylvania’s infected state prisoners receives treatment. “The only conceivable injury [the Pa. Department of Corrections] will suffer is monetary,” the judge wrote.

“As a result of the grant of this injunction,” he continued, “Defendants will be required to treat Plaintiff with expensive medication. While the Court is sensitive to the realities of budgetary constraints and the difficult decisions prison officials must make, the economics of providing this medication cannot outweigh the Eighth Amendment’s constitutional guarantee of adequate medical care.”

Bret Grote of the Abolitionist Law Center in Pittsburgh — which also collaborated with ACLU-PA on its recent lawsuit against Allegheny County Jail for its treatment of pregnant women — told The Inquirer that judge Mariani’s ruling was the first time “a federal court has ordered prison officials to provide an incarcerated patient with the new [hepatitis C] medications that came on the market in 2013.”

Grote and co-counsel Robert Boyle have no expectations that the case is over.

“We expect an appeal,” Grote wrote on Facebook following the opinion’s release, “but for now this is a major victory.”

IN OTHER NEWS

(The Pennsylvania criminal justice news that could use a second look.)

Bias is inevitable in criminal risk scores. ProPublica found that Bernard Parker, pictured left, was determined to be high risk; Dylan Fugett, on the right, was low risk.
  • From The Morning Call: “Glitch puts felony charge on Fountain Hill Man’s record”

“Ernesto Galarza went to court twice and won. He stood trial on a drug conspiracy charge and a Lehigh County jury found him not guilty. The New Jersey native sued the officials who improperly held him as an illegal immigrant after his arrest and changed the way local law enforcement agencies work with federal immigration authorities. But more than eight years after he was arrested at an Allentown construction site where police suspected his boss was selling drugs, the experience is still dragging him down.” Read more about Galarza’s 2010 ACLU case here.

  • From NBC News: “To End Decades on Death Row, [A Pennsylvania] Inmate Makes an Agonizing Choice”

“‘James Dennis entered a no-contest plea, not a guilty plea, because he maintains the same position that he has maintained for 25 years: that he is innocent of this crime,’ one of his lawyers, Karl Schwartz, told the judge. ‘He and his family have made this incredibly difficult decision based on his and their strong desire to have him home and free, [in] lieu of potentially years of continuing litigation.’ The no-contest plea is not uncommon in claims of wrongful conviction. It allows prosecutors to keep a conviction without a new trial. The defendant, meanwhile, acknowledges there may be enough evidence for another guilty verdict but can still claim innocence.”

  • From ProPublica: “Bias in Criminal Risk Scores Is Mathematically Inevitable, Researchers Say”

“Defendants inaccurately classed as ‘high risk’’ and deemed more likely to be arrested in the future may be treated more harshly than is just or necessary, said Alexandra Chouldechova, Assistant Professor of Statistics & Public Policy at Carnegie Mellon University, who also studied ProPublica’s COMPAS findings. Chouldechova said focusing on outcomes might be a better definition of fairness. To create equal outcomes, she said, ‘You would have to treat people differently.’ Chouldechova’s paper, ‘Fair prediction with disparate impact: A study of bias in recidivism prediction instruments,’ was posted online in October. Chouldechova is continuing to research ways to improve the likelihood of equal outcomes.”

  • From The Wall Street Journal: “Why Some Problem Cops Don’t Lose Their Badges: [An] examination shows how states allow some police officers to remain on the force despite misconduct”

“Pennsylvania has reported no officer decertifications since 2012 and just 31 in the past 12 years, according to data the state provided to the Journal. Cpl. Adam Reed, a spokesman for the Pennsylvania agency in charge of decertification, said the state’s law is ‘very specific’ as to when an officer can be decertified and the agency ‘does not act as an “internal affairs.”’

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