Dc Corrections Information Council Annual Report Nov 2012
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District of Columbia Corrections Information Council (CIC) ANNUAL REPORT FISCAL YEAR 2012 November 30, 2012 CIC Board Members Michelle R. Bonner, Chair Katharine A. Huffman Reverend Samuel Whittaker CIC Program Analyst Cara M. Compani Table of Contents Letter from the CIC Board I. Introduction a. Statutory Mandate of the CIC b. CIC Composition II. Fiscal Year 2012 7 III. Tours IV. Overview of the D.C. Inmate Population a. D.C. Department of Corrections b. Federal Bureau of Prisons c. Halfway Houses V. Community Concerns 17 a. Contact with Concerned Citizens b. Contact with D.C. Inmates c. Contact with Families of Incarcerated Individuals VI. Observations VII. Looking Forward VIII. Appendix 2 5 5 6 10 12 12 13 16 17 17 18 19 21 22 District of Columbia Corrections Information Council (CIC) November 30, 2012 To Mayor Gray, Members of the City Council for the District of Columbia, and the D.C. Community at-large: It is our great honor to provide you with the first annual report of the newly reestablished D.C. Corrections Information Council (CIC). While our efforts have just begun, we are encouraged by the interest and support that have brought us to this point. The restoration of this independent oversight body demonstrates the importance that our community places on the wellbeing of those DC residents who are incarcerated, whether locally or far from home. We look forward to working with those in the D.C. and Federal governments, corrections and detention professionals, incarcerated D.C. residents and their families and friends, and the broader D.C. community to improve the safety, health, and safe and successful reentry of incarcerated DC residents. In calendar year 2012 the D.C. Corrections Information Council (CIC) was reestablished with the leadership of D.C. Mayor Vincent C. Gray’s Administration, the D.C. City Council, and the City Council’s Judiciary Committee. The three Board Members were sworn in on June 7, 2012. The CIC hired a full time Program Analyst, Cara Compani, who began her work on August 20, 2012. During the relatively short period of time of the last quarter of Fiscal Year 2012, the CIC began the process of setting up administrative operations, while also attending public hearings and numerous events with D.C. community members to understand their concerns regarding conditions of confinement and reentry into the D.C. community. The CIC also held training sessions with experts in the areas of criminal justice, toured three Federal Bureau of Prison (BOP) facilities, and met with D.C. Department of Corrections (DOC) and BOP leadership. The CIC’s mandate is to inspect the prison, jail, and halfway house facilities where DC residents are incarcerated, in order to ensure compliance with constitutional, human rights, statutory, and institutional standards that govern the operation of these facilities. During Fiscal Year 2012 there were no fewer than 5,971 D.C. residents in over 100 BOP facilities, and 2,371 residents in DOC custody. Many D.C. residents in BOP custody are far from their government, homes, and families. They face unique obstacles in maintaining community connections and in reentering 3 the community upon completion of their sentences. The CIC’s oversight role also includes reporting on these unique obstacles and making recommendations to remove barriers to reentry. The CIC owes many thanks for its renewed existence. First and foremost, we are grateful for the tireless efforts of advocates, community members, and the friends and family members of our city’s incarcerated residents to reestablish the CIC. We applaud and thank Mayor Gray and his Administration, D.C. City Council Chairman Phil Mendelson, and all the members of the Council of the District of Columbia for recognizing the critical role of the CIC, revising and strengthening our statutory mandate, and taking the necessary steps to appoint the CIC board members. The CIC would also like to thank the Office of the Deputy Mayor for Public Safety and Justice, which has provided support and assistance on the logistics of setting up the administration of the CIC. We also recognize the attention and support shown by the Office of Congresswoman Eleanor Holmes Norton. Lastly, we could not do the work of the CIC without the cooperation of the BOP and the DC DOC, as well as their contractors; and we appreciate their willingness to work with the CIC this fiscal year. We are grateful for this opportunity to serve the city and the residents of the District of Columbia. Sincerely, Michelle R. Bonner Rev. Samuel Whittaker Katharine A. Huffman Michelle R. Bonner CIC Board Chair Rev. Samuel Whittaker CIC Board Member Katharine A. Huffman CIC Board Member 4 I. Introduction The District of Columbia Corrections Information Council (CIC) is an independent monitoring body presently made up of three volunteer board members from the D.C. community and a fulltime program analyst. Established by the Revitalization Act of 1997 and expanded by the District of Columbia Jail Improvement Act of 2003, the CIC is mandated to inspect and monitor conditions of confinement at facilities operated by the Federal Bureau of Prison (BOP), D.C. Department of Corrections (DOC) and their contract facilities where D.C. residents are incarcerated. Additionally, the CIC assesses programs and services available to D.C. residents at these facilities. Through its mandate, the CIC will collect information from many different sources, including site visits, and report its observations and recommendations to the D.C. Mayor, the D.C. Deputy Mayor of Public Safety and Justice, the D.C. City Council, the Director of BOP, the Director of the DOC, and to the D.C. community. a. Statutory Mandate of the CIC In 1997, Congress passed The National Capital Revitalization and Self-Government Improvement Act of 1997, also known as the Revitalization Act.1 This act transferred the convicted D.C. felon population from the Lorton Correctional Complex to BOP custody. The Revitalization Act established the CIC and outlined CIC membership, compensation, and duties. The portion of the National Capital Revitalization and Self-Government Improvement Act of 1997, Public Law 105-33, addressing the CIC duties states: (g) District of Columbia Corrections Information Council.-(4) Duties.--The Council shall report to the Director of the Bureau of Prisons with advice and information regarding matters affecting the District of Columbia sentenced felon population. The authority of the CIC was expanded in the District of Columbia Jail Improvement Act of 2003. The establishment, membership, compensation, and duties of the CIC were further delineated and codified in D.C. Code § 24-1012 and D.C. Code § 24-211.01.3 The pertinent section of D.C. Code § 24-101outlining the CIC’s duties states: (4) Duties. -- The CIC shall: (A) Report to the Director of the Bureau of Prisons with advice and information regarding matters affecting the District of Columbia sentenced felon population; (B) Conduct comprehensive inspections, unannounced whenever possible, of facilities housing District of Columbia sentenced felons and interview selected staff at each facility; (B-i) Conduct comprehensive inspections of the District of Columbia's Central Detention Facility in accordance with § 24-211.02(b)(1) and submit a report of each inspection to the Mayor, the Council, and the Director of the District of Columbia's Department of Corrections; 1 Public Law 105-33 (1997). D.C. Code § 24-101(g-1) (2001). 3 D.C. Code § 24-101.01(2010). 2 5 (C) Review documents related to the conditions of confinement at each facility housing District of Columbia sentenced felons, including, but not limited to, inmate files and records, inmate grievances, incident reports, disciplinary reports, use of force reports, medical and psychological records, administrative and policy directives of the facility, and logs, records, and other data maintained by the facility; and (D) Transmit to the Director of the Bureau of Prisons, the Mayor, the Council, and the Director of the District of Columbia's Department of Corrections the following reports, copies of which shall be made available to the public: (i) An annual report on the conditions of confinement of District of Columbia sentenced felons; and (ii) A report on each inspection of a facility housing District of Columbia sentenced felons. b. CIC Composition4 Historically, there have been two CIC Board appointed in 2002 and 2004. In 2002, the CIC Board was composed of Harold S. Russell (Chair), Chester Hart, and Ginny Spevak. In 2004 the CIC Board was composed of Ronald E. Hampton (Chair), Linda Jo Smith, and John D. McDowell. There was no CIC Board appointed between 2005 and 2012. On June 7, 2012, the new CIC board members were official sworn in by Mayor Gray. Michelle R. Bonner - appointed to the CIC by Mayor Gray, Ms. Bonner is the Director of Legal Services at Our Place D.C., a nonprofit that provides legal and other social services to presently and formerly incarcerated women. Reverend Samuel Whittaker – appointed by Mayor Gray, Reverend Whittaker is the pastor of Contee AME Zion Church, 903 Division Avenue, N.E., Washington. As a pastor in the Ward 7 community Reverend Whittaker has seen and pastored many citizens returning from incarceration. Reverend Whittaker also served on Mayor Gray’s 2011 Faith Based Transition team. Katharine A. Huffman – appointed by the DC City Council, Ms. Huffman serves as a Principal at the Raben Group LLC in Washington, D.C., a comprehensive legislative law firm with a mission to identify opportunities and solve problems for clients in the corporate, nonprofit, foundation, and government sectors. 4 6 Full biographies of the CIC members are attached at Exhibit A II. Fiscal Year 2012 For Fiscal Year 2012, the CIC set and reached the following goals: Goal One: Community Outreach. The D.C. community, their concerns, experience, and expertise are extremely important to the CIC. To fulfill this goal, the CIC attended numerous meetings, D.C. Council hearings, forums, and events with D.C. community members to understand their concerns regarding conditions of confinement and reentry into the D.C. Community. The list below outlines the events the CIC attended. • August 2012, Court Services and Offender Supervision Agency (CSOSA) Community Resource Day; • August, 21, 2012, U.S. Parole Commission’s Quarterly Meeting; • August 30, 201, Criminal Justice Coordinating Council (CJCC) Reentry Steering Committee Meeting; • September 13, 2012, Re-Entry Task Force monthly meeting; • September 15, 2012, Fairview Halfway House Open house; • September 15, 2012, D.C. Citizens United for Rehabilitation of Errants (CURE) Caring for Loved Ones in Federal Prison, at Reverend Whittaker’s Church Contee AME Zion Church, 903 Division Ave., NE. The guest speaker was CIC Board Member Reverend Whittaker; • September 17, 2012, Video Visitation Town Hall with Councilmember Phil Mendelsohn and DOC Director Thomas Faust, Deanwood Recreation Center; • September 20, 2012, Chairmen Phil Mendelson Committee on the Judiciary Public Oversight Hearing on Corrections Corporation of America’s (CCA) Management of the District’s Correctional Treatment Facility (CTF); • September 20, 2012, Youth Justice Project (YJP) Steering Committee Meeting; • September 25, 2012, Chairmen Phil Mendelson Committee on the Judiciary public hearing on the Innocence Protection Amendment Act of 2012 and Re-entry Facilitation Amendment Act of 2012; and • September 27, 2012, CSOSA Community Justice Advisory Network, Gallaudet University. Chairman Phil Mendelson was the Keynote Speaker. To further facilitate outreach to the D.C. Community the CIC held an open meeting both in July and September of 2012. The CIC has implemented a policy of holding one meeting open to the public on the second Tuesday of each month from 6:30 until 8:00 pm at the Martin Luther King Jr. Library, Washington, D.C.5 The CIC plans plan to have future meetings focused on specific areas within the CIC’s mandate. 5 For additional information on the time and location of this meeting please contact the CIC or reference the CIC’s website. 7 Additionally, the CIC attained general information about D.C. residents in DOC and BOP custody, including, but not limited to:6 • The number of D.C inmates in DOC and BOP custody; • The demographics of incarcerated D.C. residents; • The location of D.C. inmates in BOP custody and their distance from D.C.; and • The security levels of BOP facilities where D.C. residents are incarcerated. Goal Two: CIC Administrative Development. To fulfill its mandate, the CIC set up administratively. The CIC now has an office, a mailing address, a telephone number, the ability to be contacted by D.C. residents, a full time Program Analyst, and two interns from Georgetown University Law Center. Although the first several months were successful, the CIC has faced and is still facing some obstacles. The CIC guarantees all D.C. residents anonymity for phone conversations and written correspondence; however, in our current office space we do not have capacity to maintain this confidentiality as the work of the CIC increases. Our current office space is a cubicle in the Wilson Building. Although, we do not believe anyone in this building will infringe on the CIC’s privacy, without an office with a door the CIC cannot guarantee the confidentiality that is crucial to our inspecting and monitoring role. Additionally, it is not possible for the CIC to monitor conditions of confinement for all D.C. residents incarcerated in D.C. and across the U.S. with our current resources. The CIC consists of volunteer board members with separate full-time jobs; and it has a budget for only one staff person. Of the over 100 incarceration facilities, the CIC must pick and choose which facilities we inspect, rather than providing the critical oversight to all facilities that house D.C. inmates. In order to fulfill our mandate, the CIC needs a larger support staff, independent office space, and budget increase in order to effectively fulfill its mandate.7 From the end of August 2012 through September 29, 2012, the CIC reviewed the mandates, annual reports, and inspection reports of all domestic and international independent prison inspection bodies. In addition to reviewing the mandates and reports of these bodies the CIC spoke to members of the above-mentioned bodies. The CIC also began developing separate inspection manuals capable of supporting comprehensive inspections for BOP facilities, DOC facilities, and halfway houses. Goal Three: Training. The CIC had several training sessions with members of the D.C. community and experts in prison oversight. The sessions included training on general information about D.C. agencies and organizations, best inspection and monitoring practices, and largest areas of concern for D.C residents in DOC and BOP custody. The CIC will continue training with local and national experts throughout our tenure. 6 Please see section III Overview of the D.C. Inmate Population for this information. For FY 2013, CIC has been awarded a budget of only $128,500, which only allows for the hire of one staff person, and does not allow for additional staff, independent office space, or travel for additional staff and volunteers conducting the work of the CIC. 7 8 Goal Four: Establish Lines of Communication with BOP and DOC. The CIC met with Charles E. Samuels, Jr., Director of the Federal Bureau of Prisons, Thomas N. Faust, Director of the D.C. Department of Corrections, and their support staffs. Through these meetings the CIC established lines of communication and discussed access agreements with both agencies. 9 III. Tours On September 10, 2012 the CIC toured United States Penitentiary (USP) Hazelton, Secure Female Facility (SFF) Hazelton, and Federal Correctional Institute (FCI) Cumberland.8 Jennifer L. Edens, Chief, Office of Legislative Affairs and Justin B. Long, Legislative Affairs Specialist, Office of Legislative Affairs, provided transportation and a tour of each facility to the CIC, a member of Chairman Phil Mendelson’s staff, and members of Deputy Mayor for Public Safety and Justice Paul Quander’s staff. The CIC is grateful for the opportunity to tour these facilities; however, these tours are not inspections pursuant to the CIC mandate. The current CIC will begin its inspections of facilities, where D.C. inmates are incarcerated and reside in Fiscal Year 2013. USP Hazelton The approximate population of USP Hazelton is 1,400, including 197 male D.C. inmates.9 At the facility, the CIC spoke with employees and toured the medical unit, meal hall during a meal, gym, library, shipbuilding program, and Federal Prison Industries.10 The CIC was informed that staff at this facility is expected to be on the floor walking around and communicating openly with inmates; this did appear to be the case during our tour. The inmate workers in the UNICOR factory work from 6:30 am to 2:30 pm; this time frame allowed inmate workers to partake in education/GED classes at night. In the UNICOR factory, the inmates were working non-stop through the duration of our tour. The factory was producing a variety of products for the U.S. Army. The gym had several cardiovascular machines. The machines appeared to be new and the gym was well-equipped. The ship building center contained model size ships built by the inmates; the ships themselves were impressive, skilled, and detailed. Additionally, the CIC was informed that USP Hazelton offers college classes with local community colleges and universities. The law libraries were all computerized; the CIC was informed the computers are equipped with D.C. legal material. Overall, the CIC was impressed with the demeanor of the staff, the general atmosphere, and the ability of inmates, staff, and visitors to walk freely with no observable safety concerns at a USP during our tour. SFF Hazelton SFF Hazelton has a population of approximately 700 inmates including 63 female D.C. inmates.11 At the facility, the CIC ate at the meal hall and observed programming. The CIC observed the PAWS service dog training program, Leadership Empowerment Advancement Program (LEAP), and the Re-entry Resource Center. 8 Please see Section IV Overview of the D.C. Inmate Population b. Federal Bureau of Prisons and Exhibit B for further discussion on security levels at BOP institutions. 9 Marianne Staroscik, Court Services and Offender Supervision Agency for the District of Columbia (CSOSA), Distribution of District of Columbia Inmates Adjudicated in D.C. Superior Court and Housed in BOP Facilities, by State and Gender (July 2012). [hereinafter CSOSA Distribution July 2012]. 10 Also known as UNICOR. 11 CSOSA Distribution July 2012. 10 We spoke with one participant in the PAWS program who had been incarcerated several times, and this program was a turning point for her. She never through she could succeed before, but now she feels she has the skills to get a job and succeed. LEAP is a four-phase, approximately-20-week program.12 The CIC met women participating in this program; they were practicing public speaking and exuberating confidence. Additionally, the facility has a Re-entry Resource Center, which offers courses in the following skill set categories: intentional living, financial literacy, medical terminology, inner peace, selfawareness, relationship renewal, business development, and community connection.13 FCI Cumberland The approximate population of FCI Cumberland is 1,200, including 133 male D.C. inmates.14 The CIC toured the educational unit and the library, spoke with members of the mental health team, and observed the Residential Drug Abuse Program (RDAP). The first thing the CIC noticed upon entering this facility was the landscaping. Built in the 1990’s, unlike other BOP facilities, it still has trees and greenery on its campus. The FCI Cumberland brochure provided the CIC with a description of the RDAP program. “This 500 hour comprehensive and intensive drug abuse program where the participants not only live in the same housing unit; but they must also participate in the following mandatory groups - basic process, advanced process, community meeting and evaluation, community responsibility, criminal life styles, employment readiness, intensive orientation, living with others, rational thinking, recover maintenance, life style balance, victim empathy, victim impact, and transition.”15 There is a community atmosphere on the RDAP unit. The CIC observed a community meeting. At this meeting, the residents were authentic in sharing with each other. They spoke openly about their feeling and the challenges surrounding reentry into the community, workforce, and their families. 12 Federal Bureau of Prisons SFF Hazelton, Leadership Empowerment Advancement Program [program outline]. Federal Bureau of Prisons SFF Hazelton, the Re-entry Resource Center [course catalogue]. 14 CSOSA Distribution July 2012. 15 Federal Bureau of Prisons Federal Correctional Institution Cumberland, Maryland [brochure]. 13 11 IV. Overview of the D.C. Inmate Population The CIC gathered information from DOC, BOP, and CSOSA to identify the number, location, and demographics of D.C. residents incarcerated in DOC and BOP facilities. a. D.C. Department of Corrections Overall, at the end of Fiscal Year 2012, there were 2,371 individuals in DOC custody.16 This includes 1,789 inmates at Central Detention Facility (D.C. Jail), 508 inmates at Correctional Treatment Facility (CTF), and 75 residents at contract halfway houses facilities.17 Below is a further break down of these numbers by date, facility, gender and ethnicity. DOC Population Broken Down by Facility and Month for Fiscal Year 201218 D.C. Jail CTF Contract Halfway Houses Total 10/11 11/11 12/11 1/12 2/12 3/12 4/12 5/12 6/12 7/12 8/12 9/12 2168 729 123 2163 654 116 1979 594 106 1968 540 86 1951 513 74 1896 550 68 1889 526 76 1921 512 84 1893 505 80 1878 534 72 1848 521 78 1789 508 75 3020 2933 2678 2595 2538 2514 2492 2516 2478 2485 2447 2371 Gender In Fiscal Year 2012, the average male population at the D.C. Jail was 1,915, and the average male population at CTF was 359. In Fiscal Year 2012, the average female population at CTF was 199 and the average juvenile population at CTF was 30.19 Average Daily DOC Population for Fiscal Year 2012 Broken-down by Gender20 D.C. Jail CTF Total Male 1915 359 2347 Female 0 199 212 Juveniles 0 30 30 Ethnicity In Fiscal Year 2012, 91.05% of DOC inmates were Black, 5.30% of DOC inmates were Hispanic, 2.30% of DOC inmates were White, and 1.35% of DOC inmates were of another 16 D.C. Department of Corrections, D.C. Department of Corrections Facts and Figures, October 2012, available at http://doc.dc.gov/sites/default/files/dc/sites/doc/publication/attachments/DC_Department_of_Corrections_Facts_n_F igures_Oct_2012.pdf [hereinafter D.C. Department of Corrections Facts and Figures, October 2012]. 17 D.C. Department of Corrections Facts and Figures, October 2012. More information on DOC contract Halfway Houses is located in subsection c. Halfway Houses. 18 D.C. Department of Corrections Facts and Figures, October 2012. 19 D.C. Department of Corrections Facts and Figures, October 2012. 20 D.C. Department of Corrections Facts and Figures, October 2012. 12 ethnicity or did not disclose their ethnicity.21 The general D.C. population has the following ethnic makeup: 50% black, 42% white, 9.5% Hispanic, and 4.45% other.22 23 24 b. Federal Bureau of Prisons BOP operates facilities at five different security levels: minimum, low, medium, high, and administrative. Below is a description of facilities operating at different security levels and community based programs, where D.C. inmates are incarcerated.25 • Community-based correctional programs include Community Corrections Management (CCM); • Minimum security facilities are known as Federal Prison Camps (FPCs); • Low security facilities are known as Federal Correctional Institutions (FCIs Low); • Medium security facilities are known as FCIs Medium (and USPs designated to house medium security inmates); • High security facilities are known as United States Penitentiaries (USPs); and • Administrative facilities are institutions with special missions including the treatment of inmates with serious or chronic medical problem or the containment of extremely 21 D.C. Department of Corrections Facts and Figures, October 2012. Information pertaining to inmate ethnicity was disclosed personally by the inmate. 22 U.S. Census Bureau, 2011 State & County QuickFacts District of Columbia, available at http://quickfacts.census.gov/qfd/states/11000.html. 2.5% of Persons reporting two or more races; U.S. Census Bureau http://quickfacts.census.gov/qfd/states/11000.html. 23 D.C. Department of Corrections Facts and Figures, October 2012. 24 U.S. Census Bureau, 2011 State & County QuickFacts District of Columbia, available at http://quickfacts.census.gov/qfd/states/11000.html. 2.5% of Persons reporting two or more races; U.S. Census Bureau http://quickfacts.census.gov/qfd/states/11000.html. 25 Additional information on BOP security levels is attached at Exhibit E. 13 dangerous, violent, or escape-prone inmates. Administrative facilities include Metropolitan Detention Centers (MDCs), Federal Detention Centers (FDCs), and Federal Medical Centers (FMCs), as well as the Federal Transfer Center (FTC), the Medical Center for Federal Prisoners (MCFP), and the Administrative-Maximum (ADX) U.S. Penitentiary. Administrative facilities, except the ADX, are capable of holding inmates in all security categories. According to the Distribution Report from the Court Services and Offender Supervision Agency (CSOSA) , November 2012, as of October 26, 2012, there were 5,830 D.C. residents, including 5,545 males and 285 females, incarcerated within 109 BOP facilities in 32 states.26 Generally, the largest numbers of D.C. residents were incarcerated at ten facilities in seven states. Top Ten BOP facilities with the Largest Number of D.C. Residents October 201227 States Incarcerating the Largest Number of D.C. Residents The states with the largest number of D.C. residents in June of 2012 were (in descending order) North Carolina, West Virginia, Pennsylvania, Virginia, Kentucky, South Carolina, Florida, New Jersey, Maryland, and California. 26 Marianne Staroscik, Court Services and Offender Supervision Agency for the District of Columbia (CSOSA), Distribution of District of Columbia Inmates Adjudicated in D.C. Superior Court and Housed in BOP Facilities, by State and Gender (November 2012). [hereinafter CSOSA Distribution November 2012]. 27 CSOSA Distribution November 2012. 14 Top Ten States with the Largest Number of D.C. Residents October 201228 Female D.C. Residents in BOP Custody In October 2012 there were 285 female D.C. inmates in BOP custody in D.C. and twelve states with one facility incarcerating females in each state.29 30 28 29 CSOSA Distribution November 2012. CSOSA Distribution November 2012. 15 D.C. Inmates in BOP Custody Distance from D.C. As of June 2012 approximately 70 % (3,900 out of a total 5,577) of D.C. residents in BOP custody were located within 500 miles of D.C. in thirty-eight BOP facilities.31 Conversely, 1453 out of a total 5,577, D.C. residents in BOP custody were located more than 500 miles from D.C. in seventy-one BOP facilities.32 c. Halfway Houses There are four halfway houses in D.C.: Fairview, Hope Village, Extended House, and Efforts from Ex-Convicts (EFEC). Fairview is the only female halfway house in the city. DOC contracts with all four halfway houses; BOP contracts solely with Hope Village for males and Fairview for females. Average DOC Daily Population for Fiscal Year 2012 at Contract Halfway Houses by Gender. 30 CSOSA Distribution November 2012. CSOSA Distribution July 2012. 32 CSOSA Distribution July 2012. 31 16 V. Community Concerns Through the CIC’s attendance at D.C. Council hearings, contact with advocates, contact with inmates, and contact with inmates’ families, the CIC became aware of some of the community’s concerns regarding conditions of confinement, programming, and reentry. Below is an outline of some of the concerns brought to the CIC’s attention thus far. We recognize that this information is far from comprehensive; the CIC has begun collecting and compiling this information in order to gain insight and become aware of potential issues so that we can prioritize our work and conduct the most efficient and comprehensive inspections possible. The CIC has not independently confirmed any of the issues raised below. a. Contact with Community Advocates Inmates with Disabilities Two District residents shared with advocates their stories as profoundly deaf inmates at CTF. They reported a number of problems they encountered at CTF, including the following: • Frequent denials of qualified sign language interpreters in situations where they are statutorily mandated; • Failures to make accommodations that would enable deaf inmates to participate in rehabilitation and educational programs; • Limited access to telecommunications typewriters, or TTY devices, compared to voice telephones; and • An absence of videophones, which are necessary for many deaf inmates to communicate effectively. Juveniles Advocates’ concerns surrounding juveniles in DOC custody include the following: • Video Visitation. For juveniles in person visits with community, friends, and family are essential to reentry; • Reentry is very difficult for juveniles in D.C., more service providers and services are necessary; and • Many juveniles are being sent to the regional jails in Virginia, Piedmont and Northern Neck. The community is concerned about this placement because contact with family, friends, and reentry services are inhibited by the distance (174 miles to Piedmont and 105 miles to Northern Neck) and lack of information and access to these facilities. Additionally, the D.C. community is not aware of the programming that exists at these facilities. b. Contact with D.C. Inmates A general list of concerns noted by inmates includes the following (facilities are not listed because these issues may span more than one individual institution): • The denial and unfair burdens of Public Safety Factor Waiver; • Inmates are not receiving good time credits; 17 • • • • • • • • Retaliatory practices by correction officers against inmates; Denial of necessary medical care to inmates; It is very hard for family to visit D.C. inmates at BOP facilities across the county; Dangerous overcrowding, including placing two and three people in a cell that the BOP's own regulations state is only designed for one; Pay cuts for detail and UNICOR workers; Lack of job training and education opportunities for inmates; Lack of psychological help for inmates; and Poor condition of kitchens and food. c. Contact with Families of Incarcerated Individuals The CIC has spoken to and received correspondence from family members of D.C. residents incarcerated in BOP, DOC, and their contract facilities. A general list of concerns noted by family members includes the following: • Excessive use of Solitary Confinement/Special Housing Unit (Allenwood); • Insufficient Medical Care (Lewisburg); • Excessive Use of Force (Lewisburg); • Counselors at the facility will not return family phone calls (Lewisburg); • Insufficient translation available for staff and inmates (Rivers); • Programs listed on website are not actually offered (Rivers); • Inmates are not able to speak with their attorneys (Rivers); • Visitation is difficult; specifically, the wands used to test for drugs are inaccurate and the procedure for wand testing is not followed (Rivers); • Stigma associated with inmates from D.C. (general); • No running water or flushing toilets (D.C. Jail South 1); and • Lack of assistance search for jobs (Hope Village). 18 VI. Observations Number of D.C. Resident at the ADMAX Florence According to BOP, the Administrative Maximum (ADMAX) facility in Florence, Colorado houses offenders requiring the tightest controls and is responsible for the containment of extremely dangerous, violent, or escape-prone inmates.33 In November 2012, there were 218,505 inmates in BOP custody and 433 inmates at the ADMAX in Florence.34 Therefore, 0.20% of inmates in BOP custody were incarcerated at the Florence ADMAX. Comparing D.C. inmates to the general population, as of October 26, 2012, there were 5,830 D.C. residents in BOP custody and 32 D.C. residents at the Florence ADMAX.35 Therefore, .55% of D.C. inmates in BOP custody are at the Florence ADMAX. The CIC is interested in investigating why D.C. residents are more likely to be placed in Florence ADMAX than the overall BOP population. BOP Distance from D.C. As of June 29, 2012 over 70 % (73.95%), 4124 out of a total 5577, D.C. residents in BOP custody are located within 500 miles of D.C. The CIC commends BOP for keeping this large number of D.C. residents within this radius. In the coming fiscal year, the CIC will further examine why over twenty five percent of its residents are incarcerated over 500 miles away. Additionally, although within 500 miles, we have heard that families are unable to visit relatives at the Virginia regional jail facilities, Northern Neck and Piedmont. The CIC intends to investigate this in Fiscal Year 2013. The CIC is also concerned with D.C. residents being placed away from their home with almost no other D.C. residents. Thirty-three (33) facilities have five or less D.C. residents and all but one are located greater than 500 miles away from D.C. The CIC is also interested in investigating why this is so. Video Visitation On September 17, 2012, the CIC attended the Video Visitation Town Hall with Chairman Phil Mendelsohn and DOC Director Thomas N. Faust at the Deanwood Recreation Center. At this Town Hall, Director Faust discussed video visitation at the D.C. Jail, and D.C. community members expressed their opinion on the issue: DOC: • In person visits are generally not allowed; however, in person visits are permissible for attorneys, clergy and under special circumstances. Special circumstances are determined on a case-by-case basis and generally include personal family related issues; 33 Federal Bureau of Prisons, Prison Types & General Information, available at http://www.bop.gov/locations/institutions/index.jsp. 34 Federal Bureau of Prisons, Weekly Population Report (November 22, 2012) available at http://www.bop.gov/locations/weekly_report.jsp#bop. 35 CSOSA Distribution November 2012. 19 • • • • • • • Inmates have two 45 minutes visits per week, greater than the amount of time inmates had for in person visitation36; Video visits can be scheduled over the phone or online; The visitation process for video visitation is much more streamlined than the process for in person visits; Video visitation has eliminated long waits, pat downs, and the uncertainty of a last minute visitation cancellation; Video visitation decreases the amount of staff necessary for visitation; Video visitation allows for visitation on Saturday and Sunday, which was previously not available for in person visits; and There is not, and according to Director Faust, never will be any cost for video visitation. Community Concerns: • Video Visitation does not provide privacy for visits; • This visitation takes away the human element of visitation, specifically human contact; • Video Visitation is inhumane, takes the human element about having a visit. • Video Visitation deprived an inmate of the close proximity of a loved one and decreased inmate’s moral; • In person visitation is important for maintaining community ties necessary for reentry; • Fifty percent of the population at the D.C. Jail is pre-trial detainees; these individuals are innocent until proven guilty; and • Few jurisdictions use this as the exclusive means of visitation. The large majority of jurisdictions who use video visitation use this as an option. The CIC will further investigate the exclusive use of video visitation at the D.C. Jail in Fiscal Year 2013. 36 D.C. Department of Corrections, Video Visitation at the DC Jail, (August 30, 2012), http://newsroom.dc.gov/show.aspx/agency/doc/section/4/release/23567 20 VII. Looking Forward In Fiscal Year 2013, the CIC will begin inspections at BOP, DOC, and their contract facilities. Additionally, the CIC will continue to complete trainings with experts from the national and D.C. community and further the CIC’s goals set in Fiscal Year 2012. Specifically, the CIC will conduct its first inspection at the halfway house Hope Village at the end of November 2012. Additionally, in Fiscal Year 2013 the CIC hopes to obtain a confidential and secure office space. The CIC guarantees all D.C. residents anonymity for phone conversations and written correspondence. As the work of the CIC increases, we cannot guarantee confidentiality from our current cubicle. Also, the CIC would like to increase the size of our office staff. It is not possible for the CIC to fulfill our mandate providing critical oversight to all facilities that house D.C. inmates with just one employee and three volunteer board members. Therefore, in the coming years the CIC will need a larger budget to increase staff size and acquire a secure office space. Both of these items are necessary to fulfill the CIC’s mandate and critical oversight role. 21 VIII. Appendix Exhibit A Biographies of the CIC Board Members Michelle R. Bonner is the Director of Legal Services at Our Place D.C., a nonprofit that provides legal and other social services to presently and formerly incarcerated women. At Our Place, Ms. Bonner appears before the U.S. Parole Commission in parole revocation hearings and before D.C. Superior Court in civil matters, such as divorce, child custody and civil protection hearings. Ms. Bonner also provides numerous other direct legal services and legal education to presently incarcerated women in DOC and the BOP, as well as to formerly incarcerated women in the community. Ms. Bonner has lived and practiced law in Washington, D.C. since her graduation from Stanford Law School in 1996. She was a Prettyman/Stiller Fellow in the Trial Advocacy Program at Georgetown University Law Center’s Criminal Justice Clinic. As a clinic fellow, she taught both trial advocacy and litigation skills to third year law students and represented indigent criminal defendants in D.C. Superior Court. She has also worked as a criminal defense attorney in the Trial Division of the Public Defender Service for the District of Columbia, where she represented indigent criminal defendants at jury trials, bench trials and various hearings at D.C. Superior Court. Additionally, Ms. Bonner has engaged in private practice in D.C., and has represented clients in bankruptcy, landlord-tenant issues, small claims, divorce, small business & nonprofit development, and criminal appeals. In addition to her Juris Doctorate Degree from Stanford Law School, Ms. Bonner has obtained a Masters in Criminal Justice Policy from the London School of Economics and Political Science and a Bachelor of Arts Degree in Political Science from The Johns Hopkins University in Baltimore, Maryland. Katharine A. Huffman serves as a Principal at the Raben Group LLC in Washington, D.C., a comprehensive legislative law firm with a mission to identify opportunities and solve problems for clients in the corporate, nonprofit, foundation, and government sectors. With many years of experience working with nonprofits and foundations, Ms. Huffman leads teams to assist clients in identifying their policy goals, developing short- and long-term strategic plans, building organizational programming and resources, expanding coalition partnerships, and implementing public and policymaker educational and lobbying campaigns. Prior to joining The Raben Group, Katharine was the Director of State Affairs for the Drug Policy Alliance, a national nonprofit membership organization. She also founded the organization's first state-level office, in New Mexico. Ms. Huffman began her legal career as a civil rights litigator and Soros Justice Fellow at the Southern Center for Human Rights in Atlanta, Georgia, where she focused on prison and jail conditions of confinement in the southeastern United States. Katharine grew up in Memphis, Tennessee. She received her law degree from Yale Law School and received her undergraduate degree in Psychology and Music from Emory University, where 22 she was a Robert W. Woodruff Scholar. She has lived and worked in D.C. since 2004, where she and her husband are currently raising their two young children. Reverend Samuel Whittaker is a native Washingtonian; he was educated in D.C. public schools, received his college degree in Sociology from the University of the District of Columbia, and holds a Certificate of Completion from the Wesley Theological Seminary. Reverend Whittaker had completed his requirements for Clinical Pastoral Education unit and serves as a contract chaplain at the Washington Hospital Center. Reverend Whittaker also served on Mayor Gray’s 2011 Faith Based Transition team. As a pastor in the Ward 7 community, Reverend Whittaker has seen and pastored many citizens returning from incarceration. It is his passion to help all who are willing to have a second chance at becoming a positive force in the community, where they live. Over the past seven years, Reverend Whittaker has helped many people find their way to a productive way of life through faith based initiatives. Reverend Whittaker fell in love with God while a senior in high school and joined Trinity AME Zion Church, Washington, D.C., under the pastorate of Bishop Richard K. Thompson. There, he grew and was nurtured in the ways of the Lord. Reverend Whittaker was called into the ministry in 1982 and served as assistant Pastor while at Trinity. His desire was always to serve the Lord and as a result of his faithfulness, Reverend Whittaker was called upon to Pastor St. John AME Zion Church, Odenton, Maryland and Union AME Zion Church, New Castle, Delaware and is presently the shepherd of Contee AME Zion Church, 903 Division Avenue, N.E., Washington, D.C. 23 Exhibit B Federal Bureau of Prison Security Levels37 The Bureau operates institutions at five different security levels in order to confine offenders in an appropriate manner. Security levels are based on such features as the presence of external patrols, towers, security barriers, or detection devices; the type of housing within the institution; internal security features; and the staff-to-inmate ratio. Each facility is designated as either minimum, low, medium, high, or administrative. Institutions may undergo institution population changes to accommodate the agency’s bed space capacity, security level, and population management needs. Minimum Security Minimum security institutions, also known as Federal Prison Camps (FPCs), have dormitory housing, a relatively low staff-to-inmate ratio, and limited or no perimeter fencing. These institutions are work- and program-oriented; and many are located adjacent to larger institutions or on military bases, where inmates help serve the labor needs of the larger institution or base. Low Security Low security Federal Correctional Institutions (FCIs) have double-fenced perimeters, mostly dormitory or cubicle housing, and strong work and program components. The staff-to-inmate ratio in these institutions is higher than in minimum security facilities. Medium Security Medium security FCIs (and USPs designated to house medium security inmates) have strengthened perimeters (often double fences with electronic detection systems), mostly cell-type housing, a wide variety of work and treatment programs, an even higher staff-to-inmate ratio than low security FCIs, and even greater internal controls. High Security High security institutions, also known as United States Penitentiaries (USPs), have highly secured perimeters (featuring walls or reinforced fences), multiple- and single-occupant cell housing, the highest staff-to-inmate ratio, and close control of inmate movement. Correctional Complexes A number of BOP institutions belong to Federal Correctional Complexes (FCCs). At FCCs, institutions with different missions and security levels are located in close proximity to one another. FCCs increase efficiency through the sharing of services, enable staff to gain experience at institutions of many security levels, and enhance emergency preparedness by having additional resources within close proximity. Administrative Administrative facilities are institutions with special missions, such as the detention of pretrial offenders; the treatment of inmates with serious or chronic medical problems; or the containment of extremely dangerous, violent, or escape-prone inmates. Administrative facilities include Metropolitan Correctional Centers (MCCs), Metropolitan Detention Centers (MDCs), 37 BOP Website 24 Federal Detention Centers (FDCs), and Federal Medical Centers (FMCs), as well as the Federal Transfer Center (FTC), the Medical Center for Federal Prisoners (MCFP), and the Administrative-Maximum (ADX) U.S. Penitentiary. Administrative facilities, except the ADX, are capable of holding inmates in all security categories. Satellite Prison Camps A number of BOP institutions have a small, minimum security camp adjacent to the main facility. These camps, often referred to as Satellite Prison Camps (SPCs), provide inmate labor to the main institution and to off-site work programs. FCI Memphis has a non-adjacent camp that serves similar needs. Federal Satellite Low Security FCI Elkton and FCI Jesup each have a small Federal Satellite Low Security (FSL) facility adjacent to the main institution. FCI La Tuna has a low security facility affiliated with, but not adjacent to, the main institution. Secure Female Facility Currently, the BOP has one Secure Female Facility (SFF) unit (located at USP Hazelton, WV) designed to house female inmates. Programming at the SFF promotes personal growth by addressing the unique needs of this population. 25 Exhibit C D.C. Inmates in BOP Custody within 500 miles of D.C. As of June 29, 2012 over 70 % (73.95%), 4124 out of a total 5577, D.C. residents in BOP custody are located within 500 miles of D.C. BOP facilities located within 500 miles of D.C. State Name of Facility Type Total Number Male Female Distance from D.C. (miles) MD Annapolis Junction CCM 16 11 5 24 VA Petersburg (Low) FCI 186 186 0 129 VA Petersburg (Medium) FCI 33 33 0 129 MD Cumberland FCI 133 133 0 137 PA Philadelphia FDC 75 39 36 137 NJ Fairton FCI 186 186 0 143 NJ Fort Dix FCI 14 14 0 173 PA Schuylkill FCI 119 119 0 175 PA Loretto FCI 5 5 0 187 PA Lewisburg USP 134 134 0 189 WV Hazelton USP 260 197 63 193 PA Allenwood (Low) FCI 9 9 0 197 PA Allenwood USP 140 140 0 197 PA Allenwood (Medium) FCI 108 108 0 203 WV Morgantown 14 14 0 211 NC Rivers 804 804 0 212 NY Brooklyn FCI Corr. Instit. MDC 14 14 0 224 NC Butner II (Medium) FCI 137 137 0 244 NC Butner (Low) FCI 17 17 0 244 NC Butner FMC 16 16 0 244 NC Butner I (Medium) FCI 36 36 0 244 NC Raleigh CCM 3 3 0 244 PA Canaan USP 157 157 0 265 WV Alderson FPC 14 0 14 278 CT Danbury FCI 76 0 76 291 PA McKean FCO 62 62 0 295 WV Gilner FCI 181 181 0 299 WV Beckley FCI 132 132 0 302 26 OH Northeast Ohio Correctional Center CORR. CTR 3 3 0 305 NY Otisville FCI 69 69 0 313 OH Elkton FCI 8 8 0 314 WV McDowell FCI 90 90 0 361 SC Bennettsville FCI 94 94 0 399 MA Devens FMC 35 35 0 430 KY Ashland FCI 4 4 0 433 VA LEE USP 190 190 0 435 KY Big Sandy USP 176 176 0 447 SC Williamsburg FCI 74 74 0 467 DC Central Office 300 277 23 N/A 4124 3907 217 Total 27 Exhibit D D.C. Inmates in BOP Custody Further than 500 miles of D.C. State Name of Facility Type Total Number Male Female Distance from D.C. (miles) KY Manchester FCI 42 42 0 515 NY Ray Brook FCI 66 66 0 516 KY Lexington FMC 13 13 0 544 SC Edgefield FCI 119 119 0 551 SC Estill FCI 63 63 0 551 KY McCreary USP 159 159 0 570 GA Atlanta USP 50 50 0 642 GA Atlanta CCM 1 1 0 642 TN Nashville CCM 1 1 0 665 GA Jesup FCI 18 18 0 667 IN Terre Haute FCI 9 9 0 673 IN Terre Haute 70 70 0 673 GA D. Ray James 3 3 0 693 GA McRae 2 2 0 701 IL Chicago USP Corr. Center Corr. Instit. CCM 1 1 0 701 AL Talladega FCI 5 5 0 730 IL Greenville FCI 4 4 0 790 IL Pekin FCI 6 6 0 807 IL Marion USP 9 9 0 835 FL Coleman II USP 100 100 0 843 FL Coleman (Low) FCI 6 6 0 843 FL Coleman (Medium) FCI 16 15 1 843 FL Coleman I USP 85 85 0 843 TN Memphis FCI 11 11 0 861 FL Tallahassee FCI 6 3 3 870 WI Oxford FCI 4 4 0 900 AR Forrest City (Medium) FCI 6 6 0 923 AR Forrest City (Low) FCI 1 1 0 923 FL Marianna FCI 19 19 0 942 MS Yazoo City (Medium) FCI 7 7 0 1027 MS Yazoo City (Low) FCI 3 3 0 1027 MN Rochester FMC 20 20 0 1047 28 FL Miami FDC 1 1 0 1057 FL Miami FCI 1 1 0 1078 MO Springfield MCFP 41 41 0 1092 MN Waseca FCI 4 0 4 1105 MN Minneapolis CCM 2 2 0 1108 KS Leavenworth USP 11 11 0 1110 LA Pollock USP 46 46 0 1174 LA Medium USP 15 15 0 1174 LA Oakdale FDC 7 7 0 1206 LA Oakdale FCI 14 14 0 1206 TX Dallas CCM 1 1 0 1332 TX Beaumont (Low) FCI 3 3 0 1335 TX Beaumont (Medium) FCI 10 10 0 1335 TX Beaumont USP 36 36 0 1335 OK Oklahoma City FTC 20 19 1 1353 TX Fort Worth FCI 6 6 0 1360 TX Carswell FMC 14 0 14 1367 OK El Reno FCI 5 5 0 1369 TX Houston FDC 1 1 0 1411 TX Big Spring FCI 2 2 0 1617 TX Three Rivers FCI 11 11 0 1629 CO Denver CCM 2 2 0 1701 CO Englewood FCI 1 1 0 1701 CO Florence FCI 4 4 0 1706 CO Florence ADMAX 31 31 0 1706 CO Florence USP 32 32 0 1706 AZ Tucson USP 97 97 0 2277 AZ Phoenix FCI 3 3 0 2317 CA Victorville Medium I FCI 3 3 0 2604 CA Victorville USP 33 33 0 2604 CA Victorville Medium II FCI 8 8 0 2604 CA Herlong FCI 6 6 0 2658 CA Sacramento CCM 2 2 0 2732 WA Seattle CCM 1 1 0 2759 CA Lompoc USP 7 7 0 2814 CA Dublin FCI 2 0 2 2820 CA Mendota FCI 4 4 0 2824 CA Atwater USP 38 38 0 2835 29 OR Total 30 Sheridan FCI 3 3 0 1453 1428 25 2857