American Friends Service Committee's
Michigan Criminal Justice Program 
AFSC LOGONewsletter #2
September 2, 2010
1414 Hill Street, Ann Arbor, MI 48104 P/734-761-8283 F/734-761-6022 www.prisoneradvocacy.org

Dear Friends,

We hope that all of you have had wonderful summers! 
 
Just a little more rationale behind this newsletter: Our intention is to have it serve as a tool to keep you updated on prison and criminal justice issues in Michigan and around the country.  We won't be sending forwarded emails to the family list-serve any longer unless something urgent comes up or we have a special announcement to make.
 
This is our attempt to keep things together in one place and make them easier to access and digest. We are aiming to send a newsletter every other week.

If there are articles you want to share with a larger community and  you think might be of interest to people concerned about prison issues, please forward them to Natalie at nholbrook@afsc.org

In This Issue
Pete's Corner: Response to Prosecutors' Appeals of Parole Decisions
In the News: Criminal Justice Related Articles
MDOC Policy Directive Changes and Other MDOC Issued Information
Medical Advocacy: Inside and Out--Part One
Pete's Corner: Response to Prosecutors' Appeals of Parole Decisions
pete

Pete wrote the piece below as a response to two recent Detroit Free Press articles:
Smith to Fight State on Paroles
Prosecutors Gain in Parole Battles

August 30, 2010

Since December 2008, prosecuting attorneys have appealed fifty-three parole board decisions, asking judges for additional review (they had averaged only eight per year prior to 2008). Each of these appeals arose because the parole board decided to release someone from prison and the prosecutor did not agree with that decision. In open letters and press releases prosecutors claim the Michigan Department of Corrections (MDOC), in an effort to reduce our budget, is endangering our society by releasing so many individuals. Is there truth to that claim? Is our crime rate going up? Are these parolees getting out and returning to crime? The numbers do not bear this out.
 
If we track crime rates from 2006 through the present - a period in which our prison population decreased from over 51,000 to less than 46,000 - we actually see a decline in our crime rate. The Michigan State Police reported a 6% reduction in crime from 2006 to 2007 and a 4% decline from 2007 to 2008. In 2009 they began reporting crime rates differently, but even in those terms the crime rate was down in all of the police departments included in the report: Detroit, Flint, Grand Rapids, Lansing, Warren, Sterling Heights, and Ann Arbor.
 
Further, the individuals who were released during the 2006-9 period are succeeding at the best rate we've seen since the early 1980's: recidivism over these years is down to 26% (compared to the 37% rate during our "get tough on crime" days). So what's the point of the prosecutors' eruptions? Is fear driving their decisions rather than a reliance on the actual numbers? Is it impossible for them to believe that the Michigan Prisoner Re-entry Initiative - where prisoners are being better helped to succeed - is actually working? Are they simply playing politics or grandstanding? (The fact that the prosecutors in Oakland and Macomb counties are responsible for 22 of these appeals lends support to that conclusion.)
 
Whatever their motivation, it strikes me as disingenuous for prosecutors to be criticizing the MDOC. They argue that individuals are being released from prison too early, but the prosecutors play a role in setting that release date by offering plea bargains. A plea bargain is where the prosecutor offers a reduced sentence or charge in exchange for the defendant pleading guilty, thereby saving the state time and money by foregoing a trial. In 2009 pleas made up for 96% of the convictions that came out of our courts. But now they've taken to publicly denouncing the board for releasing someone after that person has served the minimum sentence. Shouldn't they be critical of the person who agreed to the sentence in the first place? 41 of the 53 appeals these prosecutors have filed were originally plea cases.
 
We don't spend our tax dollars second-guessing prosecutors' decisions to offer plea deals. We understand that they have to strike a balance between severity in punishment and the resources they have available. The prosecutors should show similar deference to the parole board's decisions. Instead, they are spending tax dollars to fund legal teams to second-guess parole board decisions and appeal any decisions they disagree with. They need to refrain from this Monday-morning quarterbacking and let the board do its job. If they don't think the minimum sentence is long enough, they should quit offering the plea bargains. But they need to know that our tax-dollars are not there to fund their political posturings.

In the News: Criminal Justice Related Articles


Atlantic Monthly Article--Prison Without Walls
This article is an interesting read that brings up issues regarding the creation of tools to help empty prisons.  It raises questions about constant monitoring, profit motive (who is going to make money off of these tools?), and the potential to criminalize more human behaviors.

Arizona--Lobbyists Tie Brewer Administration To Private Prisons
Our AFSC Colleague in Arizona raises excellent points about the problems connected to privatization of more and more prisons in Arizona.

The New Jim Crow: How the War on Drugs Gave Birth to a Permanent American Undercaste
An Article by Michelle Alexander author of a relatively new book entitled The New Jim Crow: Mass Incarceration in the Age of Colorblindness.  This article gives you an introduction to many of the themes covered in her book.
MDOC Policy Directive Changes and Other MDOC Issued Information
newberry
Below is a list of recently revised or issued Michigan Department of Corrections' Policy Directives (PDs) and Director's Office Memorandums (DOMs). 

You can find the Policy Directives and DOMs at the following link MDOC Policy Directives.  All DOMS are at the very bottom of the page.

Revised PDs:
    Revised Attachment A of PD 06.05.100 "Parole Guidelines" effective August 11, 2010. 
     
    Revised Attachments A and B of PD 05.03.150 "Religious Beliefs and Practices of Prisoners" effective August 16, 2010. 
     
    Revised PD 03.03.105 "Prisoner Discipline" effective August 16, 2010.

    Revised PD 04.07.112 "Prisoner Personal Property" effective August 16, 2010.   

    Revised PD 04.01.105 "Reception Facility Services" effective August 30, 2010.         
Recently issued DOM(s):
  • As of August 31, 2010, no recently issued DOMs.
Click on the link below to read a pdf of MDOC's F.Y.I. for August 2010:
 MDOC F.Y.I.--August, 19, 2010


If you have questions or concerns, please email or call.  For Natalie: nholbrook@afsc.org or 734-761-8283 ext. 5
For Pete: pmartel@afsc.org or 734-761-8283 ext.2
 
In Peace,
 

Natalie Holbrook, Program Director
American Friends Service Committee
Michigan Criminal Justice Program

Medical Advocacy
Inside and Out
PART ONE

medical symbol
One of the goals of our work is to teach people in prison and the people who love them to become their own best advocates.  Being a medical advocate for yourself or your loved one takes a lot of time and energy whether you are in the free-world or in prison.

We believe it is critical to confront situations that arise due to neglect, poor communication, discrimination and cultural differences when they happen.  However, we are also working toward providing more  and more health care and mental health care educational tools and forums to people in prison and their loved ones in order to prevent  problems from arising in the first place. 

The problems inside are huge and the result of a system that is inhumane and harsh, but there are ways that people living in prison and their loved ones can be effective advocates and become healthier along the way.

In this series, we will go over the nuts and bolts of what it means to be a good medical advocate for people living in prison.

Details Matter 

We need solid information.  Encourage your loved one to write down everything the medical provider covers during a medical consultation.  It also helps for someone inside to talk to his advocate on the outside about the kinds of questions he wants to cover with the medical provider before the next consult.  Counsel your loved one to write those questions down and make sure to bring all of them up in the consult. As one site says regarding free-world health advocates, "Become a human recording machine. During all medical interactions including doctor appointments, lab
procedures, and
hospitalizations, write down in as much detail as possible, everything that is said to the patient and done for the patient. If an explanation or instruction goes by before you have had a chance to process it, ask to have it repeated."

Unfortunately, in prison, the whole burden of recording is left to the prisoner, but you can be involved by prepping the questions and doing research for your loved one.  If the medical provider refuses to answer all of the questions or rushes your loved one out, encourage your loved one to grieve the medical provider.

Hopefully, a grievance will not be necessary and your loved one will get some answers and thorough information during the visit.  If people in prison come to health care appointments with a respectful attitude and an informed mind, they may be able to re-set the tone of the consult. 

Some medical providers throughout the MDOC are really good health care providers and others leave something to be desired, but AFSC believes that prisoners can make a difference in their own treatment just by being informed and articulating that information in a respectful and genuine way.

Information Matters
 
If your loved one is on prescription medications, encourage her to ask for written pharmaceutical information.  If the medical provider refuses to provide written information, tell your loved one to grieve and send AFSC a copy of the grievance. 

Remember:  differences of opinion abound in the field of medicine and healthy living.  Try to help your loved one grow a flexible and respectful (even in the midst of disrespect) attitude.

The more information your loved one is provided by medical services and by you about his medical condition the better.  Some good health information websites:

Mayo Clinic Excellent general health information

HCV Advocate Current and extensive information on living with Hepatitis C

Our Bodies Ourselves
Excellent women specific health care and sexuality information

Avert AIDS and HIV
Comprehensive information on HIV/AIDS in prisons

PubMed
A great search site for medical information and prescription drugs from the
U.S. National Library of Medicine & National Institutes of Health

Medical Records and Good File Keeping Matter
 
If your loved one has a chronic or serious health condition, it is really important for your loved one to kite for her medical records after any medical provider consults or specialty consults.  You and your loved one in prison should be keeping files with:

  • lab results
  • MRI results
  • specialty consult notes and recommendations
  • medical
    provider appeals to Prison Health Services
  • Medical
    appeal denials, etc
  • Special Accommodation Details
  • Grievances
    & grievance responses
In the next newsletter, more  medical advocacy tips to come.  If you have questions about any of the above information, please email Natalie.


 

 
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