Florida Prison Legal
VOLUME 6, ISSUE 4

ISSNi#1091-8094

JULY-AUGUST 2000

I
In the September-October
1999 (Volume 5, Issue 5) issue of
FPLP, we published news of a report released by Amnesty International regarding the deplorable conditions at the Jackson County Jail
. .located in Marianna, Florida.· . ' ..
An investigation that had
stalled has now moved forward
and investigatOrs have uncovered
mUltiple civil rights violations within .
th~ jail. In a report prepared by the
Department of Justice (DOJ). conditions were called so woeful that they
vio~te the civil rights of the prisoners housed there: Those conditions
prompted action by the DOJ.. The
I DOJ's Civil-Rights Division delivered
a blunUyworded 18-page'letter to
Jackson County administrators that
its investigation has uncovered
numerous violations at the jail, including medical care so poor that

it endangered lives and a routine
tronic shields are supposed to be
practice of shackling prisoners face
used only as a last resort. Acting
Assistant Attorney General Bill Lann
down on concrete beds for hours at
the risk of asphyxiation..
Lee skirted the allegation by writing,
QFacility staff engaged in excessive
The report, however, does not
and unwaiTantep use'of restraints to
address the most alanning allegaticA,··which· prompted the ·investiga-· • control inmates, causing serious risk
of bodily hann.·
tion in the first place. Nearly two
The letter to Jackson County
years ago, immigration detainees
administrators also criticized the jail
alleged that they were shocked with
for its treatment of juvenife offendriot-control devices whOe shackled
ers citing the denial of required exto concrete platronns. As a result
of the allegations. the Immigration
ercise and education. The letter
threatened legal action if these conand Naturalization Service removed
ditions were not resolved.
all 34"of its detainees from the 300
bed jail and stopped using the facilAmong the most serious violations at the Jackson County Jail in.ity.
clude:
.
While the report was silent on
•
A system of medical care so
the ~lIegation, government investideficient that nursing staff often
gators did find indiscriminate use
ignore serious health comof the electronic shields and the
plaints.
concrete beds on detainees and
• . The jail's Ion~ phYSician exer-'
regular prisoners alike. The elecEmm~sM~e
~OD: Rules ChaUeage;

1
PoUey Cbauge; Nodce.............

Pro Se nps aDd Tadles
U.N. Puel Cites U.s. Prisoas
Sllpreme Com Adioas
FPLP SoIlDdofl'
'
Notable Cases
Inmate Grievaace SIlI'Vey
CorrectioDal 0fIice DisdpUae Statisties
Statewide Disdpliaary Repons: 1996197 through 199BJ99

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5
7
8
9

11
17
11
11

clsed insufficient supervision,
leaving nurses to make medical
decisions for which they are unqualified. The result is that patients are often denied medications they need, or given medications wilhout the required
monitoring.
• Saveral files reviewed revealed
poor decisions by the nursing
staff that coulc1 lead to serious
bodily injury or death.
• In some cases, th e (un-named)
physician denied care to patients who could not pay for it
even though he is required by
law to provide it.
• . Jail officers frequendyignored
procedures to handle medical
emergencies. In one case an.
officer found that an inmate who
reported chest pain had elevated blood pressure· abut
I

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only as alast resort. However, -In a
FLORIDA PRISON LEGAL
number of instances~ the shields
PERSPECTIVES
were used as a first resort. which
POBox 660-387
the rep 0 r t . Iabe led a s · ChulUota, Florida 32766
Dunreasonable.D
PubIisIl!ngDMsionof:
[ Source: Miami Herald 4-22-2000 J
FLORIDA PRISONERS LEGALAID
ORGANlZAnON, INC.

FROM THE EDrroR
Welcone to this latest Issue of FPLP.
With this Issue comeS some changes. but then.
we have aJways considered FPLP a Y«ll1< In

A501(c)(3) Non Pnmt QrganIul/an
.
.(407) ~200

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FPlAO DIRECTORS

~~s

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progress. Those membefl; and readers \\ilo
DARRYL Mc:G1AMRY
remember \\ilen the newsletter was first started
DAVID W. BAUER, Esq.
know that the staff has basically remained the
.._........__._..._......__.__.......N.
same over the years. We have some dedicated
~ BURNS
people \\ilo work very hard and generously
EdIlor
BOB POSEY
volunteer thelr time to keep FPLP gang. One .
Layout EdItcr
JOHN OAKS
of those people, John Oaks. the Layout editor.
Reaea:YlE~~~~S;~
has been vnth us since the second Issue, way
BR1AN MORRIS
back In 1994. John Is a truly unique person.
Admln.AllII. USAFAllLKNER
Unlike most of the FPLP staff. \\ilo either have
,
a loved one In prison. or who Is aprisoner, or
FP~~~~:O
\\ilo may be considered a prisoner advocate,
PHiUP BAGlEY - SHARON SIMMONS
John oaks doesn't fit into any of those catego-.
. TERRY VAUGHN· MICHAEl !.AMBRIX
ries. No. John got Involved. and for six yearS
AlANJ.COTTON·JAMESQUIGLEY
did a remmkable Job ·gettlng FPLP ready to
JAMES TAYLOR·OSCAR HANSON
merely g~ve the inmate antae- prin~ s1mpy because he Is a friend of my wife,
MARK~~: =::~
ids.a
Teresa Bums. and myself-a very dear friend..
UNDA GOTTLIEB. SUSANNE M. MANNING
The jail has no infection control . The last Issue of FPLP was John's last as LayJAMES MAJOR • ENRIauE DIAl
ram,
placing
prisoners
at
out
Editor.
He
felt
it
was
time
to
tum
that
job
ROBERT BARISH
prog
. k fo tube I . N t ts over to someone else.
"•
ns
r . FeU QSIS 0 es • . With this issue we welcane Gayle Mul- .1--1
were available to det~ct Iins-Russeliin that pOsItion. Mariy of you may FLORIDA PRISON .LEGAL PERSPECTIVES Is
diabetes or HIV.
know Gayle alr8adY, or recosnize her name. published bi-mOIlthly by Florida PrIsonem Legal AId
.
Ga
Ao'
0rganilaII0n, Inc., 15232 E. CdoniaI Dr., 0Itand0. A
F·Ire safely measures were InFor many years y1e was \\ith rida InsUtu- 32826, Mailing Addnlss: FPLAO. P.O. Box 660-387,
adequate.
tiona! Legal ServIces, Inc., In GalnesviUe, as a Chuluola, FL 32766.
Legal materials for prisOners legal assistant and Intake coordinator. yayl~ Is Ihe ~ JlIIsmc: ~~
systems
were limited and constituted a ~ely knCM1edgeable about the Ronda goal of poWIing a veIIid9 for news, lnfonnallon and
• •
•.
pnson system and brings a wealth of know!- resoun:es affeclfng prisonlllS, their flInil/es, friends
Violation of the constitutional edge as aprisoner advocate ~th her. Sbe my and loved ones, and the general public of FlorIda lIIId
right to access the courts.
has limited experience with desktop publishing, the U.s. Reducllon of afme and reddMsm,
Training of staff was inade- but Is confident that she can handle FPLP. We =~~~~.:nrm::
quate. The report blamed the are very glad to walcane her aboard. As for skilled court access for prisoners, and promollng
..
d· .
John, we thank him ~th all our hearts for his accountaIliIity of prison alficials, n aJ Issues
lack of tralm~g an strains valuable conlributlon to this eIrort over the past . FPLP Is designed 10 address.
caused by th.In staffing and six
FPl.P's non-attomey vdunteer staff cannot
•
1-:-'"
respond 10 requesls for legaIlIdvIce. Due 10 velume of
mandated overtime for the.use
In this issue Is the first of a planned sa- mail and staff ./Imitallons all CllmlSpondence
of excesSive force to subdue rles of projects that FPLAO members and c:annat be responded to, but all /lid does receive
troublesome prisoners and de-· FPLP readers.can acllvely partidpate In. The IndlvIduaI a1tentIon.
tainees including routine appli- project In this ISSUe Is a survey of Rorida prlsPermls8lon Is gllll1tBd 10 Alpffnt malerlaIln FPlP
• '
. •
•
aners designed to gather data on how well the provided FPlP and BII'/ lndicaled author arelc!enllfied
cations of Plexrglas stun shields Inmate Grievance Procedure adually works. In Ihe reprint.

Pull:
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•

roa::::

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.that are supposed to be used

(ConlttrUed on page 10)

NOTICE: The Intoonal!on in this pubbIlon provides news and o¢nillIl fram various soun:es and may not provide sufIicIent lllformallcin 10 deal wiItI a legal proIlJem. Neiltler
Iha publisher, nor staff, WlIfI8IIlB or repnlSeIlls the suIlaIllIity of the infonnallon in this publicsllon for lnstilullng any IagaI acticln. An lIltamey or ClIher kJuMledgeable person In a
disputed area shouJd be c:cnsuIled for experience In legal areas. This pubIicalIon should IlllI be relied on as authoIilaliYe citlIIion

~.

VISITATION RULES
CHALLENGE
-UPDATEIn the last issue of FPLP was a report on a move by the Florida Dfr
psrtment of Corrections (FDOC) to
enforce numerous "neW' visitation
rules at institutions before the rules
were legally adopted. As noted in
that report, during April a chalenge
was filed against that implementation
of invalid, unadopted rules with the
Rorida Division of Administrative
Hearings. That case is Teresa Bums
v. FDOC, DOAH Case No.' 001687RU.
.
The DOC responded to the petition with a Motion to Dismiss, claiming Ms. Bums (a visitor to FDOC institutions) had no standing to pursue
such a challenge as visitation rules
only apply' to prisoners. In other
words, the DOC claimed that It is the
prisoners' privilege or right to receive
visitors, not the visitors' privilege or
right to enter the prison to visit the
prisoners.
Ms. Bums responded that the
. rules being challenged only seek to
regulate when, where and which visltors may visit and under what conditions. Ms. Bums further asserted that
Florida Statute 944.23 authorizes the
DOC to adopt rules related to visitors
entering the prisons, and that. the
DOC has absolutely no statutory authority to adopt or implement rules
concerning prisoners receiving visltors.
.
The Administrative Law Judge
agreed with Ms. Bums, denied the
DOC's motion, anddirected the parties to prepare for a final hearing,
which will probably be held in August
or september.
.
FPLAO has received numerous
phone calls and tetters about the
F.P.L P. VOLUME G. ISSUE .'

-nevi visitation rules being enforced
at many institutions. Please continue to provide such material, in
writing, or any memorandums or lists
of -new" visitation rules that may be
being enforced at the institution you~
visit or are housed at This material.
is needed for evidence of the
FDOe's violation, ana will be used to
defeat these -rules- in their entirety If
and when the FDOCever attempts
to use the proper methods to adopt
those rules.
. Thank you, to those who responded to the request for information, please continue to. send .such
material or letters to FPLAO as soon
as possible.

CHANGE IN
VISITATION POLICY

creased from $15.00 to $25.00. The
increase' complies with Department
rule Chapter 33-601.708(12) Florida
Administrative Code. Please ensure
that the inmate population and inmate
visitors are informed of this change.
Questions regarding this issue should
be directed to Jeny Hewitt, Central
Visitation Authority."

This change is more reasonable.
Ms. Bums' primary chaRenge continues, however, against several other
invalid '. visltation -rules.· If the institution where you visit at is not complying
with the·above memo it is suggested
that you contact Jerry Hewitt at (850)
410-4472 and request his assistance
in correcting the problem.

HOW TO RECENE ADVANCE
NOTICE OF ALL FDOC
RULEMAKING PROPOSALS

As, noted. above, on April 16,
2OQO, FPLAO Chairperson Teresa
Bums filed a petition against the Rorida Department of Corrections (FDOC)
with the Division of Administrative
Hearings challenging the implementation and enforcement of. new visitation
rules within the prison system because
such rules have not been adopted by
the required procedures. One of th~
challenged rules was a provision that
visitors may only take $15.00 into the
visiting parks for use In the vending
machines.. The FDOC qUickly moved
to revise that provision. .'
On April. 28,2000, Stan W; Czarniak, FDOC Assistant SecretarY for
Institutional Security. and Management sent a memo to all regional diteetors and wardens that stated:
.

Any Person (except a prisoner)
may receive by mail a copy of every
notice of proposed rulemaking issued
by the Florida Deparbnel')t of Corrections (FDOC), There Is no cost for
. these rulemaldng noticeS and they are
available with a simple request You
will receive them unbl you inform
. FDOC that you no longer wish to receive them. You wm be informed on
each notice wh~. you may send
comments or objections to the proposed rules, or how you may request
a public hearing to be held on specific
.proposed rules. This service is especially useful to prisoners' family members, friends and advocates to object
to proposed rules of the FDOC concerning visitation, telephones, mail to
and from a loved one, etc., before un"Effective immediately, the amount of favorable proposed rules are adopted.
.money that visitors, regardless of age, To receive the notices, send a request
can take into the visiting park is in .
(similar:to the one below,) to:
.

P,I','JI'

3

Perri Dale King ,
,FDOC: Rulemaking Djyj~ion
2601 Blairstone Road
Tallahassee, FL 32399-2500
,
Sample Request

I am writing to request, pursuant to
Sec. 120.54(3)(a)3., Fla. Statutes,
advance notice of all Rulemaking
proceedings of the Florida Department of Corrections.

$12,000 from employees who \Wrked
for him, and destroying public records
in his office to keep them from the
media..
Aorida's Governor Jeb Bush had
ordered the Florida Department of Law
Enforcement of Law Enforcement to
investigate the loan and destroyed records earfier in the day of the 12th.
The records Cae was alleged to destroy were comput~r files of Coe using
his office online service for gambling:

Prisoners should have their family
members and friends start receiving
the notices. If a request is made for
\he no\1ces and you donY start receiving them within 4 to 6 weeks. you
should contact the following Jo complain:
Joint Administrative
Procedures Committee
,Room 120, Holland Bldg.
Tallahassee, FL.32399-1300
Ph. (850) 488-9110

STATE ATTORNEY
COMMITS SUICIDE
TAMPA - On July 12. fonner judge
and current Hillsborough County State
Attorney Harry Lee Coe went under a
city expressway located in South
Tampa and shot and killed himself
with ahandgun.
According to the Medical Examiner, Coe, killed himself sometime
during the night of July 12/13. Coa's
body was'found the ,next day about
11:15 AM. by areporter for WFLA-TV.
Coe apparenUy opted for death
.over disgrace. Earlier in July: the .
same reporter had broken' stories
about Cae, one of Florida's most notorious prosecutors, trying to borrow

'7hosewho
profess to favor
freedom, and
yet deprecate
agitation, are
persons who
want crops
without plowIng
up the ground. ".

AGREEING WITH OUR GOALS
IS GREAT
NOW JOIN WITH US
TO ACHIEVE THEM

There are now over 70
thousand people In prison In
Florida. Their family members
and friends number In the hundreds of thousands. Despite
those numbers, and the potential power that they represent,
the prison system Is rife with
abuse; neglect, poor management and actual corruption.
Divided and alone, whether
prisoner, family member or
friend, you are often ignored,
shunned and lied to by those
In the .prison bureaucracy
when you attempt to have ,a
problem corrected. The result
Is that the abuse, neglect and
corruption rolls over you one
ata tline.
.

Frederick Douglas
EDITOR'S NOTICE: In Vol 5, 1SSU8 6, and
again in Vol. 6,Issue 2 of FPLP, a notice appeared requesting infonnatlon concerning I&taIJaUon experieilced by FDOC law cIerb.
Some of Ute responses desalbed incldenls of
retalIatIon wholly unrelated to law cIeIks, and
01JtenJ sought Informalfon as to Ute Identity and
purpose of Ute organization posting Ute notice.
Such responses 8J'8 undefstandable; however,
replJesWllt8 not cOntemplated, nor possible at
UtIs time. The Informa1Ion was requested to be
used in pending IitigaIlon against Ute FOOC by
a welJ.known and cunpetent prison litigator. I
vouch that the request is legitimate and In the
best Interest of FDOC Prisoners. and law
cIerIls in paJ1icuJar. Arrt Information received
will be used to advance a serious chalJange to
the system8tic pra:ti:e of retaIIatJon against
law clerks. For tactical reasons, it was deter·
mined that the best approach would be to limit
the lnfonnatIon ga1llering process to one-way
c:ooespondence. Much of Ute information 0btained thus far. wiD be usefu1 to estabBsh a .
paltem and practlc:e of retarlation. The fitlgator
wished to thank allhose who have responded,
and further responses are encouraged.-Bob
Posey

Only through unity Is
change possible. Florida PrIsonersl Legal' Aid Organization
Is the largest and oldest membership-based organization of
prisoners, their families,
friends, and advocates in Florida.
FPlAO has been on the
front-line in providing a voice
to address your concerns and
In advocating for prisoners
and their.loved ones. We want
and need you to join us In this
work by becoming a member
,ofFPLAO.
Don't wait'. on someone
else to do something:
GET INVOLVED!.

Pro Se Tips and Tactics
Supreme Court Decides Georgia Parole (;ase
by John Midgley
Tn many states, there are parole
.1boards that decide when prisoners will be released. In these states, the
timing ofwhen the parole board will consider parole- the timingof'"initial"parole
consideration and the timing oflater "reconsideration" ofparole ifparole has not
been granted at initial consideration - is
crucial: You can't get parole unless the
board is required to, or agrees to, consider whether you should be paroled.
Sometimes legislators or parole
boards try to make longer the time in between parole considerations. For
example. the Jaw in a given state has been
that the board must reconsider prisoners
for parole every three years, but then that
rule is changed to require reconsidera~
lion for parole only every five years•
. Often prisoners claim that this type
ofchange violates the constitutional ban
on "ex post facto" laws. The Supreme
Court has recently addressed this type
of ex post facto challenge. In this column, I talk about what these decisions
mean for how prisoners must plead and
try to prove this type of ex post facto

cbUnL

.

. 1. Ex Post Filcto And Changes
In The Time Between Parole Considertldon: "S/gniflCtlnt Risk" 0/ LongeI'
InCtlreerlltlon
Article I. § 10 of the United States
Constitution prohibits states from passing ex post facto laws. "Ex post facto"
means "after the fact." This constitutional ban on ex post facto laws has been
interpreted to prohibit states from passing laws that, among other things. make
worse the punishment attached to a crime
after the crime has been committed.
Co11ins v. Youngblood, 497 U.S. 37, 43
(1990).

When states change the time between required parole reconsiderations,
prisoners whose crime was committed
before the change often claim this change
is ex post facto. The prisoners reason
that when ther,e was more frequent parole consideration, there was more
frequent parole, and so extending the
time between reconsiderations eliminates
an opportunity for release that was a"'1lilable when the crime was committed, and

this adds 10 the senteace. Courts have prisoner sooner. The Court also cbaracsometimes apeed with this arsumenl . terizcd the ~ law as bcins mostly about
See:AAWv. &mv, 922F.2d ISS8(1I·Cir.), .the "methocr' by which time in prison was
cerl. den/ed, SO I U.S. 1260 (1991).
detennincd, Dot about the length oftime
The Suprem'c'Cowt bas iecentlyad- in prison.
dressed this type of ex post &cto claim.
Most significantly for this column.
The Supreme Court bas suggested that tho Court majority in Mora/es put the
there may be some cases in which this burden on the prisoner making this kind
kind of ex post facIO claim might be sue-' of ex post facto claim 10 prove that the
cessful, but the Court has made it new law created a "sufficient risk" that
considerably harder for a prisoner to win his orher time in prison was increised by
ontbislcindofclaimtban the 1I11l CircUit thenewlaw. Thetwodissentingjustices
did in Akins. In two cases. the Court has pointed out that it would be hard for prisplaced on any prisoner who tries to show oners. to prove this, and said that the ex
an ex post facto violation due to a change post facto clause should place the' burin frequency of parole consideration a den on the state to show that the new law
burde'h of proof duU there is a "signifi- did not create a risk ofincreasing prison
cant risk" that the change increased that time. The Court majority said instead that
prisoner's punishment.
the burden of proof is on the prisoner,
In CalifOrnia Department o/COrTee- but did not say how a prisonercould meet
doILSv.Moruks,S14y.S.499(I99S)[PLv, . this burden.
July '95], the Court decided that adding
The Supreme Court looked again at
.rime between parole reconsiderations for this ex post facto issue verY recently in
a narrowly-defmed group ofprisoners did Garnerv.Jones, 120 S.a. 1362 (2000).ln
not violate the ex post facto clause. At Garner, the 11" Circuit had looked again
the time ofMorales•crime, California law at its ruling in Akins that the Georgia parequired initial parole consideration at a role board's rule changing the time of
set time (one yearbefore a prisoner is first required parole reconsideration for priseligible for parole) and reconsiderations oners serving life maximum sentences
every yeat after that. But the law was from every three years to at least every
changed after Morales' offense to state eight years was an ex post facto violathat for anyone convicted of more than tiona In Garner, the I I III Circuitsaid that
one murder, the parole board could delay even after Morales this change in manreconsideration bearings up to three years datory parole reconsideration fiom three
if the board found it was unlikely that to eightyears was ex post facto violation
parole would be granted earlier. So, un- as it Seemed "certain to ensure that some
der the old law, Morales could have numberofinmaleSwill find the length of
demanded reconsideration for parole ev- their incarceration extended in violation .
ery year, while under die new law he ofthe Ex Post Facto Clause..." Jones '01.
could demand reconsideration only ev- Garner,I64F.3dS89,S9S(lldaCir.I999).,
ery three years.
The Supreme Court disagreed with
The Supreme Court held tbitMorales the 11 111 Circuit that Jones had proven an
bad not made out an ex post facto viola- ex post&ctoviolation, but decided to give .
tiona TheCourtsaidthatitwassignificant· Jones another try·to prove it The Suthat the group of prisoners affected by pn:me Court found that the change in
the new law (conviction ofmore than one Georgia law did not on ils face violatetbe
murder) was particularly unlikely to be ex post facto prohibition because reconeasily paroled anyway, that the new law sideration could occur sooner than eight
required the parole board 10 bold a hear- years and even ifan eight-year time was
ing and find that parole was unlikely set, the board couJ.d change that and resooner than three years before reconsid- considersooner. Next, the Supreme Court
eration could be delayed up to three years, fOlD1d that the I Ilit Circuit hadjust guessed
and that even after reconsideration had that the new law must have lengthened
been set at three'year5 the board prob- incarceration for at leastSome prisoners,
ably could change that and see the without proof that it would do so. The'
..., ..:

Pro Se Tips (continued)
Coun said that instead prisoners must
somehow show that a ehange in the frequency of reconsideration creates a
"significant risk" ofincreased incarceration:
When the rule does not by its own
tenos show a significant risk, the [prisoner] must demonstrllte, by evidence
drawn from the rule's plilCtical implementation by the agency charged with
exercising discretion, that its retroactive
application will result in a longer period
ofincarceration than under the earlierrule.
120S.CLat 1370. TheSupremeCourtdid
not make a tinal decision, but sent the
case back to the lower courts to 'give
Jones a chance to prove that there is a
"significant risk" that the change in frequency ofreconsideration "will result in
a longer period ofincarceration."
2. Pleading And Proving "Signljicant Risk"

The first lesson of Garner is that if
you plan to file a lawsuit on the ex post
facto issue discussed in this column. make
sure that you put in your complaint or
petition what are now the elements ofthis
kind ofex post facta claim:
• lbe law at the time ofyour crime
(date the' crime w~ commined. not sentencing date) provided for parole
reconsideration every _ years;
• The law was changedsinceyour
crime was committed to requi.re parole
reconsideration only every ~ years;
• This change creates a significant
risk that you will spend a longer time in
prison than you would have ifthe old law .
was still in effecL
The second lesson of Gamer is that
as soon as you file your case, you must
ask for extensive discovery fiom the parole board about how the bo~ has acted
under the old parole reconsideration
rules, and how the board has acted under
the new parole reconsidemtion rules. You
must ask for this discovery because without showing that under the old law some
~entage of people in your crime categorywereparoled sooner than they likely
would be under the new law, it wiJJ be
hard to show"significant risk."
Web Pqe Mdrc8:
.Up;//. .~
....... AdcIns fPI1@8llIlO.
Tc'" all: (417)-""

The SupremeCourt in Gamer stated· to you for discovery. lfyou have filed a §
that this kind of information would be . 1983 case on your claim (as Jones did),
necessary to show "significant risk,"and I suggest a combination of interroga.gave some clues about what you should tories (Federal Rule ofCivil Procedure
ask for. In the quote above from Gamer, 33) and requests for production of
the Court talked about the necessity of documents (Rule'34) requesting all inthe prisoner drawing on "the rule's prac- fonnati~n. in the above categories. If
tical implementation." 120 S.Ct. at 1370. you have filed a habeas corpus petiIn addition, the Court said:
tion (as Morales did), you will have to
"In the case before us, respondent ask the coUrt to permit you to conduct
must show that as applied to his own, discovery (Rule 6 ofthe Rules Govern·
sentence, the law created a significant ing Section 2254 Cases in the United
risk ofincreasing his punishment. This States District Courts). Given what
remains the issue in the case, lhough Garner says, you should bi: able to
lhe general operation of lhe Georgia persuade a habeas court to allow you
parole system may produce relevant to get information to try to prove your
evidence and i"j'orm jurther analysis i claim.
on this point."
Ifyou have a choice (meaning you
120 S.Ct. at 1370 (emphasis added). baven't started yet), it would be bener
TheCourt also discussed how a parole to 'file your case as a § 1983, because
board's "policies and practices" can be discovery rights'are clearer and you
relevant, and added "Absent a demon- will not have to go through the stale
stration to the contrary, we presume the court system first. In the past, quesBoard follows its statutory commands tions have been raised about whether
and internal policies in fulfilling its § 1983 or habeas (which Cfoes require
going through the state sytem first) is
commibnents." 120 S.CL at 1371.
Given thesestatements fiom GtJ17Ier, the·proper way to proceed. Given th,at
you should ask for at ICast the following in Garner v.'Jones the prisoner used §
categories of discovery from the parole 1983 without comment from the Suboard:
.
preme Court, 1 think you have a good
• Statistics on when all people argument that § 1983 is a proper way to
sentenced for your crime were paroled proceed. See also A/dns v. Snow, 922 F.
under the old rules;
2d at 1559, footnote 2.
• Statistics on 'Yhen all people
Irthe parole board resists discovery
sentenced for your crime have been pa- on these topics, yOI,l should ask the court
roled under the new rules;
through local motion procedures to or. • Information on how often and der the board to give you the infonnation.
under what circumstances prisoners have Garner makes it very clear that board
been given earlier consideration underthe practices and parole rates are now reinew rules (that is, how often has the evant to the ex post facto determination.
board decided to reconsider sooner than See the quotes above. (In-Garner, the
is required under the new law).
Georgia parole board did resist discovWith the first two categories of in-, ery, and the district court would not order
formation, you may be able to show a the board to produce the information.
pattern suggesting longer actual times in Given what the Supreme Court said beprison for some or many prisoners under .fore remanding the case, it is unlikely a
the new rules. With the third category of district court could now refuse to require
information, you may be able to show reasonable discovery about board practhat the parole board only rarely grants tices and statistics.)
reconsiderationearJierthan is required by
Issues of discovery. and proof are
the new law. Ifyou can show this, you complicated. This column contains gencan then tell the court that the theoretical eraJ information and is notinteoded to
availability of earlier reconsideration is provide advice for your case. You should .
not available in practice, and so does not· do your own research based on the facts
mitigatethesignificantriskoflongertenns ofyour
created by the actual implementation of (Jolm Mldgbsy is mllUanlcY with Columbia Lcp1
the new law.
Scr.1n8caUle, WA. Tbisllltidorcprilltedftom
In order to get this crucial informa- =r~ofPrisaa 1.qpI1 N-. 8clo lid ill
tion r you should use the tools available

case.

U.N. panel cit~s u.s. prisons
for incidents of torture, abuse
....

~

~_.

The report follows a two-day
session last week in which officials defended the United
States.
Cheryl Sim, a U.S. official, told
the panel that the government
would give the recommenda. -~'r".; tions"very close and careful con1t
:baVe,:~1~: \: sicleration. Officials declined

AssocIated Press

GENEVA - Electroshock devices to restrain prisoners,
."excessively harsh- prison conditions and police, ill-treatment of
civilians were cited by a U.N.
human rights panel yesterday in
its ~ver report on torture in
the United States.
The U.N. Committee against
Torture reapnmended that the
government end the use of stun
belts and restraint chaiiS, finding they "almost invariably"
breach a torture convention ratified by the United States in
1994.
.
In assessing federal and state
compliance with the convention,
the panel upreased ~ncern
over cases of abuse involving
people arrested or imprisoned in
the· United States, and said
"much of this ill-treatment by
police and prison guards seems
to be based up on

'. '(.~:i{~·:,f~

.further comment.
-. "We welcome the concern expressed by the committee," said
Rob Freer of human rights
group Amnesty Intemational. .
"It's a stTOng message -to the
~ United States ~ once you rat~ ify these treaties you have to do
_0'" so in the same way that everybody else does-It
In a report to the committee
released last week, Amnesty

,"\.~b~~J~Y£~

~

.-

diacrimination.1t
The committee also 'voiced concern over "the excessively harsh
regimelt in priaons used for the
most violent prisoners.

I

~

I

,1
I

cited brutality, beatings and
shootingB by police officers, sexual abuse of female priSoners
and cruel conditions in isolation
units as violations of the torture
convention. .

Inmate·murder·· trial postponed
BYPHllLONG
~

STARKE -In a setback to
any quick resolution in the case
ofFrauk Valdes. lawyers won a

perhaps until early
nat year - in the trial oC Cour
florida State Prison .guards
d.wIed with the Death Row
.Dimate's.inurder.
The defense attorney for
Conner conections officer Robere Sauls had asked Circuit
Judge Larry Turner to allow his
cUent to go to trial in July, as
originally 'scheduled. Sauls'
three codeCenclants wanted a
delay. however, saying they
need more time to examine evi'dence and interview witnesses.
lu4&e Turner ruled that all
Cour deCendants will be tried
together and put ofC the trial
delay -

Sauls was arrested on
second-degree murder charges
along with three other corte<:lions officers in connection
with the death oCValdes in his
cell last July. ~aldes was on
Death Row Cor.JdWng a correc:lions o{ficer m Palm Beach
County.'
•
AU Cour pnson guards. along
wi.th. S~ Montrez Lucas.. who
was mdided last year on auravated battery charges for a fight
~ Val~ the day before the
inmate died, have been fired.
The Cormer prison guards,
who have said ,they used no
more force to subdue Valdes
th~was necess8!Y' have
denied ~y~ wrongdomg. But a
medicalnaminer's report said
Valdes was beaten so badly that
all but two ofhis ribs were bro- .
_~

Sauls, 37, a ~year Departmeot of Corrections veteraD. Is
believed to have played a lesser
role in the confrontation.
Attorneys for the other three
defendants - Capt.' Tim
Thornton, 34, and sergeants
Chuck Brown, 26, and J.P. Grittis, 26 "7 say that the evidence
and a Wltness 1ist'oCmore than
115 people {rom prosecutors is
too much to digest between
now and Jtily.
State Attorney Rod Smith
argued that the right of the
three other deCendants to have
the trial held in BradCord
County - where Florida State
Prison is located and which is
near where they Uve - "counte~balances any right Cor
speedy triaL"

p '.

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'}I

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PHIL LClIC8IHIIW.D Sfm

MURDER SUSPECTS: Tim
Thornton,left. and J.P. Griffis
won'adelay oftheir trial in the
death of inmate Frank Valdes.
MituDi HaaJd. 5/1~

date.
_. .,

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APPEALS STYMIE
lined process. The legislature failed
FLA. SUPREME COURT
this year to appropriate any more
TALLAHA~SEE - During January of money for death-row'sttorneys or rethis year a three day special session vise public record laws to enable such
was held by the state legislature to attorneys speedier access to such repass a new law intended to reduce cords, as had been suggested by the
the time available to death.sentenced court in 1999. The court asked a study
prisoners to file appeals. The new committee formed last year to study the
law was titled the Death Penalty Re- death-sentenced process to I~k at it
form Act, which Governor Bush had further and submit recommendations
promoted and then signed into law. by this coming October.
Three months later, In April, the Fla.
Florida has executed 48 people
Supreme Court ruled that the new law since resuming capital punishment 21
was unconstitutional as it attempted years ago. The average length of time
to establish rules for speeding up belween sentencing and execution has
executions in Aorlda that only that been 10 years. There are almost 400
court was authorized to make. The prisoners on Florida's death row, at
court then proposed its· own refonns least 20 of whom have been conas new judicial rules that basically demned to death over 20 years.
followed the plan that the legiSlature
.SUPREME COURT
and Bush had attempted: In July,
, ACTIONS
however, the high cOurt said it would
not implement its own proposed On April 18, 2000" the U.S. Supreme
rules. In an unsigned opinion issued Court in a 5-4 decision, issued' a rulJuly 14, the court wrote, ·After receiv- ing that curtails the power of federal
ing comments and hearing oral argu- .judges to override state court deciment we have been persuaded that sions against death row prisoners who
further consideration and study is re- claim their trials were tainted. The dequired.· That means that the rules cision was the first major interpretation
that have been in effect for several of the Antiterrorist and Effective Death
years will continue to be used for the Penalty Act of 1996, a law designed to
capital appeals process-for now. Un- limit death penalty appeals and speed
. der those ruleS, condemned prisoners up executions in the U.S. The high
will continue to have up to a year af- court limited federal judges' authority
ter the automatic review they receive to review prisoners' claims that their
from the Fla. Supreme Court to file a sentences were constitutionally
second, or direct appeal. The new flawed - for example, that their lawyers
rules attempted by·the legislature and were incompetent or that prosecutors
Bush would have merged that dual- had failed to tum over helpful evidence
track system into one, and required . to the defense. The court's opinion,
prisoners to file the second appeal written by Justice Sandra Day O'Conwithin .six months of filing their first nor, said that even if a federal judge
independenUy believes that a state
appeal in the Supreme Court.
. In delaying any reform rules of court was wrong to reject a prisoner's
its own, the court Identified one issue claims, the federal judge can only reof ·utniost concern.· That is how to verse it if the state court used an
make sure there are enough qualified ·unreasonable interpretation of fedattorneys to represent those sen- erallaw. See: WilI/81IIS v. Tayfor, _s.Ct.
.tenced to death under any stream- - - ' 13FLW Fed.S225 (4/1812000).

MIRANDA REVISITED

On June 26, 2000, the U.S. Supreme
Court reaffirmed the requirement and
importance of the Miranda warning
that police are required to explain to
suspects before questioning them.
Prosecutors had argued in this case
that a .suspect had made voluntary
statements that were allowed to be
presented in court,even though the
statements were made before his
Miranda rights were explained to him,
because of a law approved by the
Congress in 1968. That law gives
federal judges the authority to admn
statements from suspects if the jUdge
believes that the statements were
voluntary - even if·the Miranda warning wasn't given. The Supreme Court
justices, however, ruled that the Congress did not have authority to supersede that court's interpretation that
the .U.S. Constitution requires the
protections that were established in
the prior Miranda case.
PRISON LEGAL NEWS
-Pert1aps the most detailed }oumaJ desaibIng
the -development of prison law Is PrIson legaJ
News: - Marti Hiken, DiRlclor PrIson Law
Pro}ecl of the NatIonall.awyefs Guild.
PLN Is a 14 page, monthly magazine,
published slnce 1990, edited by Washington state
prisoners Paul Wright and Dan Pens. Each Issue Is
packed with summaries and analysis of fIlC8IlI
court rulings dealIng with prison rights, written
from a prisoner perspective. Also Included In
each Issue· are news arti:les dealing with prisQnrelated struggle and actMsm from the U.S. and
around the \WIld.
Annual subscrlpllon rates are $15 for
prisonefS. If you can' afont to send $15 at once,
send at least $7.50 and we will pro.rate your
subscription at $1.25 per Issue. Please send no
less than $7.50 per donation. New (Unused) U.S.
postage stamps may be used as payment.
For norHncarcerated lndMduals,
the
subscription rate Is $25/yr. InstllulIonal
subscriptions (for attomeys, libraries, pemment
agencies, lIO/lilOVemmental crganIzallons, etc.)
are $6OIyr. sample copies are available for $1.
Contact:

Q

.

Prison Legal News
PMB148
2400 N.W. 80th St.
Seattle WA 98117

CONGRATULATIONS!
Uke many of your readers, I was not one to eorrespot1d. but Ijust had to say a blg THANK YOU for wIlat y.ou are doing on behalf of the
DOC population. Imagine my surprise wilen, 5 days after I received your Issue, I visited Aroadta C.I. and was as astonished as the olher famI·
lies to see a brand new ~ch that seats between ~ and 6 persons. Prior to that there were just long IIlles with no seating arrangement for
,even the most elderly or disabled to sit and hardly any covering so that standlng in the hot'sun was the norm. Because of you and ~ who
Initiated the new law. things are beginning to lOok up for visiting families. ~ up the good Y«Xk. CK (Miramar. FL)
FPLP,
I arrived at Gulf CI main unit on 8-27·99. I was transferred to GCI annex 9-13-99. I haVe been incarcerated in Califomla, New JElISeY
and Florida, never In my life have I seen s~ch disregard for administrative rules and regulations as I 8Il1 seeing at Gel in Florld~
Falsifying documents is part of a days work. If an Inmate writes a grievance, saying. for example, that an officer used profane or ~usive
language in dealing with an 'Inmate or person under his supervision, a few days will pass and another officer will come in lock up the Inmate
saying that the inmate used profane or abusive language on the officer. I ~ave seen many. many Inmates get setup like this at GCI. I have
spoken to and shown officers hazardous Items In this Institution that I have !Jean around wilen they were used as weapons and,I was told "keep
It to yourself, we don't need the paper work on thar alld yet it seems,' accepted ,to falsify reports on Inmates. badger and harass inmates that
the officers are upset with. Planting items In rooms, taking gaih time and falsifying dlscipOnary reports Is an.everyday thing In GCI. Cqntact,
, cards are being used in GCI to take gain time from inmates. The use of contact Cards was.resclnded In chapter 33 and are not to be ~~ The
Law Ubrary at GCI does not have all the books It should have under chapter 33 as a minor IIbra~t Is missing many books. All buDdings leak
YAlen it rains and have poor ventilation and heal There Is.no heat In confinement as It was shut off'a11 together by officers or staff:
'.
All of the above and much more Is committed by corrections officers and staff at GCI. They would' nothave occurred but for the fact that
the persons committing them were an official exercising his or her official powers outside the bounds of lawful authority. A lot of the staff are
people just trying to do their jobs and are following orders and ifs ashame that the bad apples are trying to spoil the YAlole baskel
I for one pray I'm not in this camp once it's full ¥.lith Inmates. because IMth the harassment that exists, this camp is not going to be a safe
place to be for anyone once it's filled. B. (GCI)

. FPLP,
J

.

I'm currently on CM at Santa Rosa, and I can say ifs bearable. I read your publication regula~y and was inspired to write thefoUowlng:
The media is an'articul!rte artlst-meaning, it paints a fab~cated picture on.lts canvas that society knows\as alVscreen or newspaper.. They
would go so far as to assassinate my character and portray my rmage to society being that of amedieval barbarian. How society depicts this
false representation weighs heavily on the ability to decipher fact frorri fictfon. SocIety is spoon fed the old d1ches in regards to pljson inmates
(unlntellectual, non-rehabilitative, Incorrigible, sub-human species). that can only serve to keep the revolving door well oiled. The good ole'boy
mentality Is In fun effect in Aorida prisons. "
.
~or these reaSons socI!!ty Is told that prison inmates are next to nothing in tenns of being people. Let thepowars that be say we're good
for '. nothing, but we're generating' revenue, providing job security In slave Oke conditions through. free Inmate labor. I'm,here to, voice my
lhoughts to society that I am capable of being aproductive and accountable citizen In society. I'll be the first to admit I made am1_e, and I'm
solely remorseful. Thafs wily I'm thankful for pubBcations such as the FPLP.Your pUblicatlonserv~ as avehicle to the masses to ~iver the
truth. FPLP constantly exposeS ,the counterproductive measures that the media and the FDOC try to pull offon uninformed ~s.
"
To all participants locked in the struggle for prison reform my call goes ouno you. Take up anns In the form of yourwritlngutenslls: Pen
&Paper. Inform your media outlets that you're up on the tactics they use to mislead and deceive tbeunsuspecUng people. In tum. use your.
pen as a sword for Justice. The saying goes "No Justice, No Peace." You may think a.pen scr1bbling against paper makes no noise. Ifs the
moSt deadpest of silent assassins. Just wilen the powers that be think we have succumbed, we ~e the quiet before the storm. This Is my
challenge to the institutionally oppressed. To It!e FPLP organization much respect goes to you for conbibuting to the struggle repeatedly. tt's a
good feeling to know that If I or one of the others drop our sword you have our back. May God bless FPLP, and coritinue to bring up the rear
for the participants locked In the struggl~ for Prison Reform. The Ink Bandit (SRCI)
"
.
FPLP,
. '
Thank you for the article on close management ··It was well done and really gives ,a true picture of wIlat dose management confinement
Is aboul I found it particularly fnteresting because It focused on Hardee ComlcIfonai. and the person I knoW Is housed at HCI and in dose
managem6!lt there. DA (OH)
,
To all my Latino brothers, as well as my fellow prisoners,
Please get yourselves and especially your families Involved In "The Struggle". Realize that fighting one another, telling on each other and

wa1chlng TV Is not the way we are going to overcome the degrading, humiliating and oppressive manner In which we are being treated. The
abuse of power is out-of -amtrol. White, black, brown, red-lt doesn't matter to them. We mustnot let It matter to us! Only by overlooking our
differences, janlng together; and getting our people on the outside Involved in our situation, v.;11 anythIng get better.
Get your family asubsaiption to FPLP and let them read whafs really happening! Let them see that there are ways they can get involved
and that they are needed. Phone calls, letter writing, participating In hearings or rallies•. UntllWejoin together and our famiUes get Involved, we
\\iD continue to be treated as .Iess than animals. Communication and information! FPLP Is the best thing to happen to Florida prisoners. Support FPLP and urge your people to contact them to see what they can do to help. United we Stand tall-dlvided we fall. -papo. (MCI)

Dear Friends,
Greetings, with aspecial shout out to the Intricates of the FPLP, I.e., the real movers and shakersl Having proven themselves to the poweIS
that be, the FPLP and its siaff and volunteers, small though they are, are worthy of demanding an allegiance to the Truth fran thoSe YAlo benefit mosl,nay, those who additionally benefit from the FPLP's patient perseverlng-How? Be responsible in all that YQU do. Consider that the
, . FDOC relies on the repeated examples of our own IrresponslbDity to Justify their traflicklng in wickedness. (neffect, we, by our misguided actions, supply the FDOC with the weapons to resist and fight against FPLP, all Included. Therefore, we muststop being "Benedlcts· and empower ourselves with respanslblUty and drain the FDOC of Its justification'. . '.
~'
. ' .
.
Lars form for ourselves atrue correctfonal canmunlty-yes, we are a canmunlty! In dosing, leave you with this example: An officer
announces he Intends to do a masS ~rch down of Your dorm. The announcement causeS a wave of anxiety to ripple through the resldeoce.
HOwever" the power In that officer's proclamation DYes In the fact that you have contraband stasheeiin your room. For if you do not have Contraband, the threat of a search~O'M1 means nothingl Thus, by bEIng. responslble and observant of the parameters that govem our conectIonal
community, YOU have the power! Good day. L H "
"
'

(Conttnwdfrom page 2)

The,FDOC maintains that the grievance procedure is effective and a meani~gful forum for the resolution of legitimate grievances. FPlAO Is
Interested In haN those required to use that procedure to grieve aproblem really feel about it The results of this survey will be us1ld to ~
attention on problem areas of,the grievance procedure In an effort to conect or Improve such~. A1I,prlsoners are requested to parlIcipate
In this survey and encourage others to also. Please send In only ane survey per person.,
.
,
, In future Issues of FPLP you will find more surveYs and other types of actIvit/es, such as calls for'letter wrIIlng campaigns, that members
of FPlAO will be asked toparticipate In. These activities can be very effecllve and useful In focusing attention' en specific areas oftha prison
syste'm that need to be changed. We believe that FPlAO membefs are the people YAlo are ready to tak8 action for change not Just tak about
YAlars wrong or what somebody e1seneeds to do.By Y«lfkIng'together andgetllng our famRymembers and friends to partidpate, we wiD be a
force that cannot be./gnored. We
affect policies, arid even laws. We
compel reason In deQslon-making that molds ourlives.Whlle
we \WII~ win every time, we wlll make adifferelice anc:!I<11ow that we are doing scmething.·
I . . .
.
'
We cannot becoine canplacent now. Aft~ ayear of the FDOC being'atarget of the'news media, which. kept Mich,ae1 Moore·in check,
the media has, nOw lost Int~ and turned its attention elsewhere.' In the past few months the librarians have been ~verely reduced In the
'prisons. Now classification officers are being let go. Soon ROOda's prisons wiD be stripped to nothlng'but security. At that point security WII
believe It has tot8J centroland authOrity to treat prisoners In any manner desired. I predict you haven' seen anything UkeYAlal's coming. We
must be ready and strong. We must have our people informed and organized on the outside. Thars It for this issue. It Is hoPed you will find the
information In this Issue useful.
,
'
.
",
,
Greetings, to all my friends who I left recenUy YAlen I tranSfened from Columbia CJ. to Lake C.I., and to the new friends Imade aIoog the
way-BOb Posey
.'

can

can

EDITOR'S NOTICE: In V~.'5,lssue 6, and again In Vol. 6; Issue 2of FPLP, a notice appeared requesting Information concerningretallatlen
experienced by FDOC law Clerks. ,SOme of the responses desCribed Inddents of retaliation wholly unrelated to law clefIes, and others sought
Information as to the Identity and purpose of the organization posting th~ notice. Such responses are understandable; however, repUes were
not.contem~ated,
possible at this time. The Information was requested to be used in pending litigation against the FDOC by a well-known
and competent prison litigator. I vouch that the request Is legitimate and In the best interest of FDOC,prisoners,and law clefles in particular.
Any Information received \\;11 be used to advance a serious challenge to the systematic practice of retaliation against law clerks. For tactical
reasons,lt was determined that the best approach would be to limit the Infonnatlon gathering process to one-way correspondence. Much of
the Infonnallon obtained thus far will be useful to establish a pattern and practice of retaliation. The litigator 'Il\shed to thank all those who
have respOnded, and further responses are encouraged.-Bob P~y
,

nor

/,
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NOTABLE CASES
by Brian Morris and Oscar Hanson

United States Supreme Court
Reverses Eleventh Circuit
On Prisoner
Ex Post Facto Claim
Previously, FPLP covered
this case regarding a Georgia
prisoner's ex post facto claim that
the Georgia State Board of Pardons
and Par.ole (the' board) retroactively applied an amendment to parole rules to him. (See: FPLP Vol. 5,
Issue 2, P 9), The United States
District Court denied prisOner Robert
Jones' motion for discovery and.
granted the Board summary judgment
The Seventh Circuit Court of
Appeals reversed because it found
that the amended Rule's retroactive
application was necessarily an ex
post facto violation and that the Rule
differed in material respects from the
i change in California parole law sus'tained in California Dept of Corrections v. Morales. 514 U.S. 499

(1995).

statement regarding how it intended
to enforce the amended rule. The
Eleventh Circuit was incorrect to say
that the Board's policy statements
were of no relevance.
The Court reasoned that policy
statements along with the Board's actual practice, provides important instruction as to how the Board interprets its statutes. An agency's policies and practices usually indicates
the manner in which it is exercising its
discretion. And finally, the Court held
that the Eleventh Circuifs analysis
failed to reveal whether the amended
rule, in its operation. created a significant risk of increased punishment
consistent with the Ex
Post Facto consideration.
The Court noted that Jones had
not been permitted sufficient discovery to make this showing. The matter
of adequate discovery is one for the
Eleventh Circuit or. if need be, the
District Court. The Court ordered further proceedings consistent with
these concerns. Gamer v. Jones. 13
Fla. L Weekly (Fed) (5) 218
(3128/00) -oh

The Supreme Court granted
certiorari and reversed. th,e judgment and remanded for further proceedings. The Court held that the
Eleventh Circuifs analysis failed to
Florida Supreme Court Finally
reveal whether retroactive applicaOpens the Window .
tion of the amended rule violated Ex
Post Facto Clause.
The Florida Supreme. Court has
The Court further noted that the finally resolved the conflictregarcllng
controlling inquiry is whether retro- the class of persons having standing
active application of the amended to challenge a violent career criminal
rule created a significant risk of pro- sentence on the basis that chapter
longing Jones' incarceration.
95-182, Laws of Florida. violates the
The Court found .that the Elev- single subject rule co'ntained in Article
enth Circuit erred in not considering III. section 6 of the Florida Constituthe Parole Board's internal policy
tion. The Court held that the window

r

F' LY VOLUME l;. ISSUE ,I

period for challenging the violent career
criminal sentencing provisions created
by Chapter 95-182, Laws of Florida,
opened on OCtober 1,1995 andGlosed
on May 24, 1997. See: Salters v. state,
25 Fla. L Weekly 5365 (Fla. S.ct.
5/11/00) --{)h
Florida's Administrative Nightmare
Receives A Piece of the Axe
The January-February 2000 issue
of FPIP (Vol. 6, Iss. 1) reported the Supreme' Court's decision, which a~·
dressed subsection (7) of section
57.085, Fla. Stat. (1997}(Prisoner Indlgency Statute). In that decision, the
high court expressed concern over the
strict enforcement of the copy requirement part of the statute and the consequences that it could bring to both the
judicial and administrative entity. The
high court appropriately labeled that
portion of the statute as an
-administrative nightmare.·
Perhaps haunted by the statute's
portent character, the Court has lowered the axe and ruled subsection (7)
of section 57.085 unconstitutional. The
Court reasoned that subsection (7) violated the separation of powers doctrine
and usurped the Supreme Court's exclusive rulemaking authority. See:
Jackson v. FDOC, 25 Fla. L Weekly
8353 (Fla. S.Ct. 5/4/00) -oh
Prisoners Not Entitled to Pay
for Work Performed While In the
Deparbnent of Corrections
.After years of speculation that
prisoners will begin to receive payment
for work performed while incarcerated
!=-',Iql'

11

in the DOC, the Florida Supreme
Court· brings closure to the vacuous
rumors.
AFlorida prisoner sought mandamus relief in the Supreme Court and
argued that being forced to work without compensation violated the Thirteenth Amendment of the Unned
States
Constitution and that section 946.002
(3), Fla. Stat. (1997), mandated that
he be compensated for his work.
The Court correcUy recognized
that section 946.002 provides that
prisoners Dmat be compensated for
work performed; thus, the statute does
not 'mandate' that prisoners be compensated. Further, the Court pointed
out· that convicted felons are exempted from the general prohibition
contained in the Constitution. See:
Jackson v. DOC. 25 F/~. L Weekly
S353 (Fla. S. ct. 5/4/OO)-oh

.H!mI! Revised
The Florida Supreme Court has
revised its opinion regarding the con,stitutionality of he 1995 Sentencing
Guidelines. In sum, the Court has
clarified that if a person's. sentence
imposed under the 1995 gUidelines
could have been imposed under the
1994 guidelines (without a departure), then that person shall not be enti1fed to renef under the Court's'decision. See: H89gs v. State, 25 Fla. L.
Weekly S359 (Fla. S.ct. 5/4I00)-oh
DCA AgaJn Addresses PrIson Regulation
Regarding VIsitation
The Courts of Aorida have spoken and their message is clear. Under
section 944.09(1)(n), Fla. Stat, Florida
prisoners with a conviction for any offense under Chapters 794.800, 827,
or 847, shall not be allowed visitation

with anyone under the. age of eighteen
years, unless special visitation is approved by the warden.
Trial courts 'are without jurisdictio~ to enter orders directing the DOC
to allow visitation in contravention of
section 944.09(1)(n). See: Moore v.
Perez, 25 Fla. L. Week~ 01063' (Fla.
5th DCA 4/28/00) [Edito~s Coinment ThIs

•

dure within the private facility or
whether Adrington filed his fonnal
grievance under one of the delineated
provisions for avoiding the informal
process. Thus, the correctness of the
DOC's response to Adlington's fonnal
grievance can not be detennined. The
circuit court dismissed Adlington's
complaint because exhaustion of adis a Yerf unfortunate s1atute because it does ministrative remedies was required
not serve any penaloglcaJ purpose other than under the Prison Litigation Reform
to Impose addlUonal punishment on certain
prisoners. Those affected prisoners are still Act, 42 U.S.C. 1997e(a) prior to filing
permitted to use the visitation park, the same suit.
On appeal Adlington argued that
park other pdsooers use who may have their
children present However, prisoners who his camplaint sought relief under secwant to visit their cltlldren must find a way to tions 944.105(2) and 957.05(1), Fla.
challenge the statute. It is not an easy task to Sfal,which make private contractors
undertake. But trying to get trial court orders
wiD not WOIit as evidenced by the numerous liable in tort for claims arising with recases rendered on this point Yet, If visitation spect to the care and custody of inwith persons under the age of eighteen was mates. AdlingtOn further argued that
an Integral part of your plea agreement as exhaustion of administrative remedies
was the case above, you may have a vaDd is not a prerequisite for filing such a
argument to cdlatetally challenge' that plea
tort cla'im.
agreemenl-oh
The Fourth District disagreed.
The
DCA found 'that the Florida AdFourth DCA Reverses Trial Court's
ministrative
Code requires private faDiimlssal of Complaint
cilities .to adopt inmate grievance proThat Arose Out of
cedures that are consistent with the
Private Correctional Facility
DOC procedures under Rule 33 -103
Phillip Adlington,a Florida pris- of the Code. While the DCA recogoner currenUy housed within a private niled that all prisoners must exhaust
correctional institution that is under these procedures before filing any
contract with the Florida Depamnent civil complaint relating to the care and
of Corrections, filed a civil complaint cus~ o~inmates, the DCA found a
seeking' damages against an em- problem with Adlington's case.
ployee of the private facility. Adlington
The .DCA discovered that the
had filed a formal grievance to the Florida
Correctional Privatization
DOC, apparenUy because the private Commissio~ adopted Rule 6OAAfacility did not have a grievance proce- 29.~1 (gneva~ procedures) ~r
dure as required by the Florida Admin- ' Adhngton filed suit Based on thiS
istrative Code.
information, the DCA reversed the disAdlington's fonnal grievance was mi~sal and remand~ to allow the cirreturned by DOC officials because the CUlt cou~ to dete~lne whether there
grievance was not in compliance with was ,an Inmate gnevance procedure
Rule 33-103.005, which requires that avail~ble to ~dlington during the relean informal grievance be filed at the vant time paned.
.
facility firsl It is not known whether
If the p~u~, ~ not In
Adlington advised DOC officials of he place then Adllngton s ~lIureto exnonexistence of a grievance proce- haust would be excused and the com-

plaint could proceed. See: Adlington prisoner and opportunity to comply with
v. Moore, 25 Fla. L. Weekly D1019, the statutory indigency requirements of
(4th DCA 4I26/00)-oh
Section 57.085, Florida Statutes. See:
Woullard v. Bishop, 25 Fla. ,L. ,Weekly
Clerk of Circuit Court Must Provide D1051'(Fla. 1st DCA 4I25/00)-ilh
Without Cost Certified Copies, of
Documents Needed for Prisoner's
Third DCA Holds That Prisoner
Application for Clemency
Remains Incarcerated at the
Parole Commission~s Discretion,
The Second DCA has correctly
held that section 940.04, Florida
Florida prisoner Charles Sanders
Statutes (1999) requires the Clerks sought· judicial relief from 'repetitive
for the Circuit Courts to provide certi- suspensions of his pres~mptive parole
fied .copies, without cost, of docu-" release .date (PPRD) by the Parole
ments needed by prisoners to file an Commission. Sanders, who was sen~ .
application for executive clemency. tenced to life in prison in 1972, is paSee: Marshall v. State, 25 Fla. L. role eligible.
Weekly D1037 (Fla. 2d DCA
following the enactment of the
4126100) -oh
Objective Parole Guidelines Act of
1978, the Commission, in accoi'dance
Fourth DCA Construes Ryce Act with the gUidelines, granted Sanders a
Regarding the Five Day Period
PPRD of 1987. However, Sanders
for Holding
was not paroled. T~e Commission
Probable Cause Hearing
suspended Sanders' date and has
done so sinCij 1987; the latest came in
The Fourth DCA has addressed 1998.'
,
the immediate release provision of
The circuit court denied Sanders
section 394.9135, Fla. Stal (1999), relief and on certiorari review"the DCA
which is part of the Jimmy Ryce Act
recognized that section 947.18,Fla.
The Act allows for civil detain- StaL(1971), gives broad discretion to'
ment for violent sexual predators fol- the Commission whel) considering a
lowing release from incarceration.
prisoner's PPRD. See:' Sanders v.
The Court held that the five day State, 25 Fla. L. Weekly D1017 (Fla.
period for holding an adversarial prob-,3d DCA 4/16100)--oh
able cause hearing begins to run from
.SUBMISSION OF MATERIAlTO FPlP
the date upOn which a request for a
Because of the latge volume of mail being received
hearing is made.
by FPLP, financial'considerations, and the inability .
'See: State v. Kobel, 25 Fla. L. Weekly to provide individual legal assistance, readers
should not send copies of legal documents of pendD1028 (Fla. 4th DCA 4/26100)--()h
Error to Dismiss Petition for Mandamus Relief for Failure to Comply
with 57.085, Fla. Stat.
The First DCA has echoed the
legal principle that a trial court can not
dismiss a prisoner's petition for mandamus relief without first affording the
F P L P VOLUr\·1E L1. ISSUE -l

ing or pOtential cases to' FPLP without first having
contacted the staff and receiving directions to send
~. Neither FPLP or itS staff, are responslble for
any unsolicited maerial sent Readers are request!KI to continue to send news infonnatlcn Including newspaper clippings (pl. Include name
of paper and date), memorandums, photocopies of
final decisitms in unpublished cases, and potential
artlcIes for pubficatlon. Please send only copies of
such material that do not have to be retumed. FPLP
depends on YOU, i1s. readers, and supporters to
keep informed. Thank you for your cooperatlO~ and
participation in helping to get the news out Your
efforts are greatly appreciated.

ComputersrTyPewriters'
Donations Needed .
All prisoners have legal problems.
Many are incarcerated each year In
Florida' even though errors were poolmilled during theconvicUon or sentencing phases' of their lrials. In Aorida's
race-to- Incareerate, large numbers of
the accused who cannot afford iii high
priced attomey are subjected to adrivethough type of ~ustlce by the overburdened court system.'
'_
Once in prison those people are on
their own In trying to appealthelt cases
and sentences. While the DOC trains
law clerks to assIst other prisoners In
preparing' such appeals, and most prisoris make typewriters and ccmputers
available to the law clm who are
called on to assist the entire prison
population, at SOO!e prisons the clerks
do not have access to such equipment
The prison officials simply deny the request .for such essential' equIpment
: whlchhamperslhe c1m' atXl'1ty to assist others.
To help remedy that problem, FPLAO
Is requesting donations of used computers and typewriters In YOkIng condition that v.;O be distributed to prison law
libraries In florida Computer monItors and printers are also· needed.
Computers only need tp be capable of
word processing capacity, so old 286,
386 and 486 units would work fine.
Prisoners are asked to check v.;th
their famRy and friends 8bout donating
such equipment, Regardless of vmat
irs like vmllf8 you are nOw,' your next
transfer may send you to one of the
prisons' with a bare-bones law libraryright when you need legal assistance.
Donations of equipment to FPLAO Is
tax-deductible. If you prefer, cash d0nations for FPLAO to purchase used
ccmputers and typewriters would .be
equally welcome. To make adonation,
contact

Attn.: Law Lib1'tl1Y Project
Florida Prisoners' Legal Aid
Organization, Inc.
PO. Box 660-387
Chuluota, FL 32766
E-mail:fplp@ooLcom

F':h'p'13

LIVING WITH HEPATITIS 'c
Gregory T. Eveno~, M.D. and iledy Weinberg, Livill6 witl' Hepatitis C: A Survivor's Guide. 253
pages. New York: Hathcrleigh Press~ 5-22 4~lh Avenue Suite 200, Long Ishind City, New York, 111015215. Regularly priced SI4.95.this book is available to prisoners for a special price of 57.50 plus $1.50
S&H through Southland Prison News.
lil·ing with Hf!pulitis C: A Survivor s Guide.
now in its second edition, is a valuable guide to
comprehending and accepting a little understood,
widely misunderstood and frightening disease.
Authors Gregory Everson, a medical expert on
hepatitis C, and Hedy Weinberg, a writer with'
hepatitis C, seek to present the disease, its
implications, and treatment options in simple
language while at the same time sharing the persollal
emotions and needs of patients with hepatitis C.
This book's target audience is not people in
prison. Stories froni people with hepatitis C are
interspersed throughout the text, and none' of the
stories Me from prison. Obviously prisoners with
hepatitis C deal with specific issues that are not
addressed.
But many of the emotions and
consequences of hepatitis infection. such as
confronting loved ones, fear, and stigma caused by
ignorance are uiliversal. ,One goal of this book is
certainly fulfilled: reading Living wilh Hepalilis C
makes you feel less alone. The Centers for Disease
Control and Prevention estimate that 3.9 million
Americans ar~ infected with hepatitis C; people with
hepatitis C live in all segments of society, and they
do not conform to a stereotype.
If you're looking for fast, ~ answers to.your
questions about hepatitis C, you won't find them here
or anywhere else. Even when the facts are written in
plain language, it takes time to become familiar with
new terms from medicine and biology. Most people
haven't spent much time thinking about the multiple
and complex functions of their livers.
. This book will answer questions on how
hepatitis C is transmitted, how to avoid infecting
others and how the disease effects your body. It will
also explain what different enzyme levels (ALT.
AST. GGT, etc.) me:m and when you should get a
biopsy. The authors and the anecdotes from other
patients will teach you how to adopt a lifestyle that
will help you to best fight hepatitis, C. Most of your
questions will be answered, but others will be raised
as you enpge with the enormous amount of
information presented in this book.
.
:'"

"

..... ',

"

\

,.:- ,:

~: ~ ...

: .:

Living with Hepalilis C is widely recommended
for pt=ople on the outside who suffer from hepatitis C,
people who see their doctors regulariy. While this
book is very important for those patients t it is crucial '
lor those on the inside who may not have access to
the medical profession and health education
resources. Understanding hepatitis C is critical to
survival, and this book will help you to do that.

• • •

This book review is reprinted from
Southlond Prison News with permission.
Copyrighted by SouthItmd Prison News, 2000.

ORDER
LIVING WITH HEPATITIS C:
A SURVIVOR'S GUIDE
,

For a special price of $7.50 plus $1.50 S&H when you
mention Southland Prison ·News. This book contains
essentialinfonnation for understanding and living with hep
C. Order a copy today and encourage your prison library
, to do the same.

SOUTHLAND PRISON NEWS

SPN is a prisoner-'produced monthly
newsletter covering prison .news from
New England to Flonda. The newsletter
is composed mainly of clippings from local papers that might not otherwise be
seen, along with feature articles and book
reviews. For more infonnation or to subscribe (SI S yr. for prisoners/S2S for
non-pnsoners) contact: SPN, PMB 339,
9SS Massachusetts Ave., Cambridge, MA
02139

,

... , , . '

:

I

RHOTON &

HAYMAN~

LOREN Do RHOTON
A"ont)' At lAw

P.A.

STEPHEN D. HAYMAN
Attoraey At Law ,

·1 POST ~ONVICTJONATTORNEYSI.
BEGGS CASES
APPEALS
STATE·POST CONVICTION
'SENTENCE CORRECTIONS
FEDERAL PETITIONS FOR WRIT
OF,HABEAS CORP,US
NEW TRIALS
412 East Madison Street
Suite lIlt ,
Tampa Florida 33601
(813) 126-3138
,_
(&13)
221-2182
fax
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·~~'-t ·::~'~t~~r·~:'.~:~;._.,~.)

rt'he Illriag ofa lawyer is alllinporta.' dcdsloa tba'sbouIcI .ot be based solely 011 advertbH:leats.
Before)'OQ decide, ask us to'" )'M tne wri.
. . l..fo......
abo.' oar qualifbdo-.
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.

I

Michael V•. Giordano
.

E~ERIENCED

POST CONVICTION ASSISTANCE

The Law Offices of Giordano & Wells
P.O. BOX 16972
Termple Terrace, .FL 33687
(813) 228-0070
Other Locations in Tampa, Gainesville & Miami

A STATEWIDE Practice and Expert Assistance for
'. STATE and FEDERAL
POST CONVICTION RELffiF .

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APPEALS.
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OVER TWENTY YEARS EXPERIENCE
DO NOT SEITLE FOR LESS THAN THE BEST
WRITE FOR HELP TODAY

•

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•

••

SURVEY

INMATE GRIEVANCE PROCEDURES
1bis survey is being c:omfncted by FlorldaPrisoneJS' Legal Aid Org., Inc., to evaluate inmates' 'perceptioDs aDd
experienc:es with the inmate grievance procecIuRs of theFlorlda Department of Corrections. In order for this smvey to be
effective we need as many prisoners as,possible to complete this swvey form and return it to FPLAO. All prisoneJs who are
FPLAO members are asked to complete this surwy and cnc:ourage other uon-members to also. If you do nat wish to lie your
name or number on this fonn simply leave those spaces b1aDk, but please complete the rest or the form. Once you complete both
pages of the survey, mail it to: Florida Prisoners' Legal Aid Org., Inc., Attn: Survey, P.O. Box 660-387, Chuluota. FL 32766.
Thank you for your valuable participation.

. Please PriIIt
Race: -----,---------------:-----Year you
were incarcerated:,
_
Name:

Length ofSentence:

_

DC Number:
Institution:,
_
Sex: 0 M 0 F
Date ofBirth:
----:=----Custody Level: 0 Minimum 0 Medium 0 Close
Number ofinstitutions you have been to:_'
_

1.

Have you ever filed an infoniw grievance?

DYes

o

2.

Have you ever filed a formal grievance?

DYes

D'No

3.

Have you ever filed an appeal to the Ceutral Office?

DYes

o

No

No

When you first came to prison, while at the reception center, did you rec:eive four (4) bolUS of insIruction in how to
use the grievance proc:edures?
D Yes
O' No

, 4.

Ifyour 8nswer to 4. Above was M9. how long was the instruction in the grievance procedures that
you received at the receptiou c:entcr7
3 hours
D 2 hours
0 I hour
D 30 minutes
0 IS minutes or less

S.

o

Have you ever received thirty (30) minutes of instn1ction on how to use the grieY8llQe proc:edwes
• when transfening to anew institution?
D Yes

6.

D No

Have you ever received "refresher" instJuctions on how to use the grievance pmcedDJes after being
at an institution over one (1) year?
'
.
0 Yes

D No

8.

Have you ever filed a grievance to which you never received a response?

D No

9.

lfyou answered 8.

7.

. 0

Rarely

A~ X§.

DYes

how,often have you not received a response to grievances?
0 Often

0 Sometimes

10.

lfyou answered 8. Y§. which type of grievanc::es have you not received a response to?
D Infonnal
0 Fonnal
D Appeal

11.

How many levels are there in the inmate grievance proccclures?

12.

Have you ever been threatened by a std' member for filins a grievance?

0 Yes

o No

13.

Have you ever been retaJiaftl1l against for filing a grievanCe apinst a staft'member?

0 Yes

ONo

14.

Do you believe that ifyou file a grieY8llQe against a staff member for retaliation that the staff member will be told
about your grievance?
' 0 Yes
0 No

.0

One

0

Two

0 Three

CDttlitf8aloa tr1t1t!rU. .
,

I

.' .

i:'

\." ~ I. \. I '. ':: (:

S ~ \. .(. .:

>'

:

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\'

,

•

15.

Have you ever known anod1er inmate to be'tbn:atened or retaUated against for fiUnga grievance against a
staffm~

0 Yes

0 No

16.

Do you believe that inmate law c1eIts who are known to hdp other inmates file grievances are retaliated against
by prison ~dals?
0 Yes
0 No

17.

Have you ever known an inmate law clerk to be retaliated against for heIpiDg other inmates file grieYaJ:K:es or
legal actions? , D Y e s
0 No

18.

Do you believe it is c::ommon for inmate law ctezks to be retaJiated against lor helping other inmates to file

,

grievaDcesorlegaJ.aetions?
19.

DYes

ONo

How many times have you seen a grievance posted on bulletin boards with a notice that the administration
requests comments on the subject of the grievance from all inmates aDd StafI'l

o

0

0 1-5 times

0 6-10 times.

0 more than 10 times

20.

Have you ever had a grievance deDied. but then 1ater see the relief you had asked for taken to conec.1 a problem?
,
DYes,
ONo

21.

How often do you receive responses to grievanc:es that do not address the issue that you were grieving?
Often
. 0 SometimeS
0 Never
'

22.

Have you ever had a grievance responded to within the time limit allowed, but then not receive the griewnce
back until it is too late to go to the next step in the grievance process?
0 Yes
0 No

23.

From your experienCe. how do you rate the etrectiveness of the inmate grievance pnx:eduIes?
Effective
0 Somewhat Effective, 0 Indfective
'

24. '

If you bad a choice between buying hygiene items from the canteen or paying a fiUng fee to file a grievaIlq:
apped1 to the Ccatral affice,which would you choose to oo? '
Buy Hygiene I~
0 Pay to File 'Appeal

o

o

"

o

25.

Do you believe tbat sIaff'member& in general know the JUles?

D Yes

26.

DoyOll believe that slaffmembers in general follow the,mles most of the time?

[J

Yes

o No
o Net

27.

Would you be afraid to file a grievance against a staff member who threatened you?

0 Yes

D No

28.

Would you be afraid to file a grievance against a staffmember who you knew bad engaged in sexual misconduct
onthe~

D~

DNo

AROUND THE NATION

sentence for a 1983 strangulaI learned of the situation after reviewtion of a South Florida woman,
ing phone calls 'between Hunter and
ArIzona - Arizona defense lawyers
who was murdered on May 6.
the woman. Hunter was placed in
and law students are launchirig a 'Another prisoner serving a' life
DC confinement after telling DOC
project to reexamine convictions of
sentence at Columbia Correcinvestigators he knew nothing about
people they believe may have been
tional Institution told guards he
the woman, but later admitted to
unjusUy convicted of murder. So far,
killed Raymond Wigley. The offihaving sex with her. Hunter was
the Justice Project has identified 23
cers went to a, cell where they
charged with lying to staff. Walker
prisoners whose cases will be refound him early in the afternoon
had also brought sandwiches to
viewed.
with a sheet tied around his
other prisoners on the work crew...
neck, according to a release isthanks to another "snitch,lO sandCalifornia - During June. eight Corsued by the Department ofCor- , wiches and sex on the road crew
90ran State Prison guards, who had
been indicted for conspiracy and viorections. Wigley, 39, was found
has been discontinued.
lating prisoners' civil rights by staging
naked and bleeding from the
6 Michael Moore, Secretary of
head. The cause of death was ' DOC. has informed some 36 librarideadly gladiator-style fights in. the
exercise yard, were acquitted by a
strangulation. John Blackwelder,
ans around the state that their ser45', is a suspect in Wigley's
federal jury.
The verdict was
vices will no longer be needed by
death. Blackwelder was, senDOC as of June 30. 2000. Moore, in '
reached after only six hours. The
tenced to life two years ago in Sl
California Correctional Peace Offia move to "cut costs. D has decided
Lucie County for sexual battery
that librarians are not needed to opeers Assn., the strongest Political
of a child. Wigley was in prison
erate ,libraries in DOC. Instead
lobby in CA, along with the COOC
funded the guards' defense.
for the murder of Adelia Marie
Moore has proposed a system
Simmons, a 47 year old secreColorado - The ACLU has filed suit
where one qualified librarian will
in federaJ court, challenging the right
tary on h~r way back from a vatravel throughout a given region
cation when her car broke down
of the state prison system to censor
spending one to two days at each
on the Florida' Turnpike near
institution, leaving correctional offipublications prisoners want to read.
Jupiter. Wigley and John Marek,
Unlike lawsuits filed in other states,
cers in charge of the libraries the
who was sentenced to death, ofrest of the time.
this one does not seek to block censorship of sexually explicij materials.
fered to give Simmons a lift to
Kansas - Three employees from the
the next emergency phone booth
U.S. Penitentiary in leavenv.orth
The Rrst Amendment protects the
right of prisoners to read information
but instead drove 60 miles to
have been indicted in,the beating of
and opinion from a wide variety of
Dania, where Simmons' body
two prisoners, U.S. Attorney' Jackie
was found the next morning in a
sources, state ACLU Director Mark
Williams said. Stewart Venable. 37.
lifeguard shack. Wigley. who
Silverstein said.
and Willie Mack, 36. both of Leavenclaimed to be passed out during
Connecticut: - A union representing
worth. and Gordon Cummings, 47.
the incident, was convicted as a
,of TonganOXie. were charged with
prison guards has sued Correction
civil rights violations in an indictment
Commissioner John Armstrong,
principle to the murder.
returned by a federal grand jury.
claiming the state is failing to protect . 6 DOC guard John F. Walker
was fired on May I for allowing a
correctional officers from exposure
Iowa - Visitors to Iowa's prisons will
prisoner, Melvin Hunter, to have
to diseases such as AIDS and hepaget a second chance to enter If a
sex with a woman while he was
titis. The Superior Court lawsuit
high-tech machine turns up traces of
supposed to be working on a
claims AIDS and hepatitis are -near
illegal drugs. Prison officials have
prison road crew. Walker had
decided to relax the rules after they
epidemic proportions 'in state prisbeen a guard for 3 years and
were bombarded with complaints
ons. There has been no word from
was a. supervisor of a CFRC
when the ion scanners found traces
union representatives for prisoners
work crew that cleans up along
of drugs on grandmothers and chilwho are at much higher risk than
highways. Hunter was serving 2
dren. Those who test positive now
corre.ctional employees in the wake
years for possession and sales
get a retest instead of being autoof the epidemic.
of cocaine.
Prison officials . matically barred frOm entering for a
florida- A prisoner serving a life

I

D

F.P.L.P \lOLUl\olE G. ISSUE 4

,

P:lgC

l~J

--------------------AROUND THE NATION' (continued)
AIDS. They have filed a lawsuit in
Louisiana - On February 4.2000. for- federal court saying prisoners with the

mer 3rd Judicial Disbict chief juvenile
court officer Daniel Conway III. was
sentenced to one year in federal prison
for bank fraud and wiretapping.Conway stole almost $20.000 in state funds
for his personal use and illegally tapped
an employee's p'hone...Conway claims
he was in an alcoholic haze and doesn't
remember anything.
6 On March 1 a $39.000.00 10NSCAN device was installed at the Louisiana State Prison fOr use in searching
visitors. During the first week of use
the device. which detects trace
amounts of drug residue, on a' person's
hands or clothes. at least 54 people
were barred from visiting after flunking
ascan.
Mexico - In December, 1999. Raul
zarate Diaz, warden of the'Tapachula
prison. fell to his death while spying on
prisoners having conjugal visits with
their spouses. zarate tripped and fell
through a skylight, landing and dying
next to' a prison~r and his wife having
sex. Police investigators found binoculars an~ a pornographic magazine on
the roof where the warden had been
watching.
Pennsylvania - On June 7. the Philadelphia NAACP filed a lawsuit on behalf of ex-felons who under state law
are prevented, from registering to vote
for five years after they are' released
from prison. According to the Sentencing Projec~ a criminal - justice organization in Washington. D.C. about 1.4
million ex-felons nationwide have permanenUy or temporarily lost their voting
privileges.
South Dakota - Twelve prisoners at a
South Dakota prison want separate
housing for prisoners ~th HIV and

virus have threatened to infect others
at Mike Durfee State Prison in Springfield. Only four inmates in state prisons are known to have tested positive
forHIV.
6 During March the South Dakota Supreme Court held that a parole system
that took effect on June i. 1996, does
not have to be applied to prisoners
whose crimes were committed before
then. Thirteen prisoners had challenged the new policy claiming it
should be applied retroactively.
Virginia - During May, Stanley Young.
Warden of the Wallens Ridge Supermax prison in VA. filed" a $14 million
lawsuit for defamation against two
state legislators, two NAACP officials.
and three of Connecticufs leading
newspapers who accused Young of
encouraging prison guards to abuse
Connecticut prisoners being housed in
VA.
6 In April, the VA DOC adopted anew
regulation that limits all incoming mail
to prisoners to only five sheets of paper. A VA DOC'spokesman said incoming mail is aprivilege and can be
taken away altogether.
FLORIDA DOC MOVES TO IMPROPERLY
BLOCK INMATE ACCESS
Susan Maher, Deputy Gen. Counsel, Ra
DOC has sent a letter to all Wardens alleging
various Jim against Thomas E. SrnoIka FPLP
has conchI::ted its own resean:h and determined

that Ms. Mallets staements are untrue. For example, FPLP has verllled with the Virginia srae
Bar that Thomas E. Smolka Is a member In good
standing and licensed to pracIlcelaw In Virginia.
As such, Tom Smolka Is consldenld a"foreign
attorney" In Florida, per rule 2.060 (b) AaRJud.
Admin.
In Ms. Mah8r's leiter she alleged the following: #1. The FIotfda B8r has 18C61lIIy notiIled DOC
01disclplnsty proceedlngs taken against Thomas
SrnolkB.•• for the unlcensed pTBdice 0I1BW.
FPLP has dIscoveted this slatement made by Ms.
Maher to be false, as only an °invesllgalion° was
belng conducted, wIti:h was subsequently closed;
#2. Ms. Maher alleged: In many cases, when acting on thefr own, the services o( these individuals

offered ~ things trhlch these IlOIllawyeI8
could not p1DVid8. In m8l1'J otherfnsl8nces, the
inmates or thefrf&mlies paid for seIVices which •
MI8 never provtded. These statements made
by Ms. Maher have been dalerm1ned by FPLP to
be untrue; #3. The Rotfd8 B8r believes that it
would be beneficiBl to post the Cowt~ 0Irler In
the FlotfdB prison so thai any fnm8te who hired
these IndMdusIs would teem that they MI8 not
BlJIhadzBd to pIICIk:e law 8Ild ctlIUId ptrJV/d8
the servlc«i ."promised. This statement Is,
untrue. TOOl Smolka IS licensed to praclIce IBN
In Virginia and Is authorized to represent inmates In FIorlda on adminJsltaive, clemency
and parole mattelS; #4. Ms. Maher wrote to the
Wardens that posting the ordets would So BIett
the Inmates notto use the setvlces o( these
lndMduals In the future. This stlUrnent cfeaIty
demonstrates that Ms. Maher and DOc have
chosen to wrongfully interfel8 with the ability of
inmates to choose wtIo they desire to represent
them - as TOOl Smolka has a proven track record of flghtIn9 for inmate rights. Consequently,
FPLP wges its subscrlbers to disregard Ms. '
Maher'sletter. FPLP subscribeIs wishing to
contact TOOl Smolka reganflng administrative,
clemency and parole mattels may do 80 at (850)
222-6400. Inmates in need of legal seIVIces In
Virginia may contact Tom Smolls's law ofIice at
(804) 644-4468. '

ADVERTISING NOnCE
Due to a concern for our members. the
FPLP staff tries to ensure that advertisers In these pages are reputable and
qualilied to provide the services being
offered. We cannot meet every advertiser. however. so membets are advised
to always personally contact advertisers
for further information on their qualifica.
tions and experience before making a
decision to hire an attorney or other profeSsional service provider. You should
never send legal or other documents to
advertiSers before contacting them and
receMng directions to Send such
material'
ADVERTISERS:
For those wishin~ to advertise in
FPLP. please write tor rate information; please address your mail to:
Florida Prison Legal Perspectives
Attn: Advertising
15232 E. Colonial Drive
Orlando. FL 32826
Emait. fplp@aol.com

F.f"J L P VOLUf\iE G, ISSUE -l

f"J.1ljl: 20
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Criminal Justice Standards and Training Commission
, Correctional Officer Discipline Statistics
Fiscal Year 1998-99
Top Categories

Disposition of
Total
Case
Offenses
Cited

#
Decertified

123

16

Voluntarily
Rennquished
Certificate

27

6

Letter of.
Acknowledge-

48

23

123

31

,

ment
No Caused by
Staff

•

First
Unprofessional
Relationship with
Inmate
Smuggle
Contraband Into,
Prison

#

#

4

Second
Smuggle
Contraband Into
Prison
, Assault,

3 each

4

False Statement

4

14

False Statement

14

Assault

Unprofessional
Relationship with
"" Inmate

2

False Statement

2 each

Pass Forged

"Assault

2

Driving Under the
Influence of
UQuor
Unprofessional
Relationship with
Inmate

12

12

,

Third
Possession of
Marijuana
Dangerous
Drugs
Unprofessional
Relationship
with Inmate
Excessive
Force by •
Corrections .

7

Letter of
Guidance
Certification
Denied

16

2"

Instru~nt

Larceny
Placed on
ProbaUon

12

case Dismissed;

9

4'

Driving Under the
Influence of
Uquor

Certification
Suspended. or
NoCaus8d
365
Total
SOCln:e: FlOttC1lJ Department of Law Enforcement, Public Recorcs Request #99PP-383. OffiCer DIsctpfme Slatistics - Stale
CcrrectJonai Officers, dated September 13, 1999.

A review of the Criminal Justice Standards and Training Commission officer discipline statistics show that forFY 1998-99 the
most prevalent reason for decertification was uUnpfofessional Relationship with an Inmate", followed by USmuggling Contraband
into Prison.

High on the list of
reasons for
decertifying state
correct'onal officers /s
"UnprofessIonal "
Relationship with an
Inmate."

1I

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Statewide Disciplinary Reports
FYs 1996-97 through 1998-99
Fiscal
Year

Population as of
June 30

Number of
Disciplinary
Reports

Ratio of Reports to
Population

64.698
66,275
68,592

77.295
78,765
87,710

1.1947
1.1884
1.2787

1996-97
1997-98
1998-99

:lOUrCe: Bureau Of. fesesrch and Data AnalyBis. Depaltment 01 CotrectIons

Cort:lparison of Department of Corrections Male and Female Inmates
Top Ten Categories of Dlsciplina,y'ReportsExpressed As a Percentage of Total
For Fiscal Year 1997·98
.

"

Description
1 Disobey VetballWrilten,Order"
2 Disotderly Conduct

.

Females
Description

Males

% of Total
19.29W
12.24%
9.74%

3 Verbal ~pect
4 POSSeSSion Of ~traband
5 Obscene Profane Act
6 Fighting
7 Spoken Threats
8 Disobey Institution Regulations
9 Unarmed Assault
10 ~ying 10 Staff Member
Subtotal Top Ten
Subtotal All OUler
Total All categories

6.50%
'4.55%
4.48%
4.47%
3.65%
3.54%
3.14%
71.6m$

D1sotdtuty Conduct
DIsobey VerbalJWrltten Order
Verbal DiSrespect
DIsobey InstllUtfOn Regulalf~
Possession ot Contraband
Lying 10 Staff Member
Being In Unauthctized Area
unarmed AssaUlt
F'l9hting

SOXAets

28.40%
100.00%

%orTola!
16.12%
15.14%
8.84%
7.78%
6.42% ,
5.19%
4.73%
3.94%
;J.94%
3.34%

Subtotal Top Ten
Subtotal All orne,

75.4S76
24.55%

Total All categcnes

100.00%

Source: Bureau ofStatistical Analysis, Florida Department of Corrections,

For Fiscal Year 1998·99
Males
Description
1 Disobey V81ballWritten Order '
2 Dlsctderty Conduct
3 Verbal Dismspect
4 Possesslcn Of Conttaband
5 Fightlng
6 Obscene Prorane Act
7 Di5ob8y Inslltution Regulations
8 ~en Tnreals _
91Lylng 10 :italf Member
10 Unanned Assault
Subtotal Top Ten
&!CtotaJ All Othel .
Total All calegol'ies

Females
Description,

%ofTolal
19.44%
12.68%
9.86%
6.56%
4.92%
4.90%
4.34%
3.83%
3.24%
3.18%
72.94%
27.06%

100.00%

Disobey V81ballWritten Order
8IIy Conduct
V81bal Disrespect
Disobey InsUtullon Regulallons
PossessIon Of contraband
Lying 10 Staff Member
,~Aets

-Fighting
Unarmed AssaUlt
BeIng In Unaulharized Area
Subtotal Top Ten
Subtotal All Other
Total All ca

%ofTotal
15.18%
14.03%
10.99%
7.07%
6.45%
5.00%
4.73%
4.68'J&
4.24'J&
4.03%
76.39%
23.61"
100.00%

Source: Bureau 01Statistical AnalySiS, Florida Department of Corrections.

:

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Membenhip Form
You are invited to become a member of, or renew your membership·in, Flo~da Prisoners' Legal Aid Organization, Inc. Membership benefits include a one-year subscription to the organization's popular bimonthly newsletter, Florida Prison Legal Penpectiva. Conbibutions to the organization (a registered 501(c)(3) non profit) are ttm-deductlble. Contributions will be used to organize and advance the interests of members; to provide a voice for Florida prisoners and their families, loved ones and advocates;
and, to educate the public about the Florida criminal justice and prison systems.

t. Please cheek one:

2. Seleet Category:

o MembeBhip Renewal

o
o

o New Membership

o Subscription to FPLP

o
o

without membership

3.

o

Your Name and Address:
DCII (ifapplicable)

Name

$12 Family/Advocate/Individual
$6 PrIsoners
$25 AttomeyslProfessionais

$50 GOy't agencies. libraries,
organizations, corpOrations, etc.
I understand that FPLAO depends on
the generosity of its members to
grow and operate etreetively.
Therefore, I would like to make an
additional contribution ot.

Prison, Agency, Organization (ifapplicable)
Address

City

4. Total Enclosed

Zip

State

_

Phone Number
Please make all checks or money orders payable to: Florida Prisoners' Legal Aid Org., (nc., P. O. Box 660-387, Chuluota, FL
32076, or Florida Prison Legal Perspectives (same address). New, unused, U.S. postage stamps are acceptable. from prisoners for
membership contributions. For family members of prisoners unable to afford the basic membership dues, any contribution is ac~
~~~

•

HAVE YOU MOVED OR BEEN TRANSFERRED?

PREE COPY OF FPLP

PriIoaers: Have a tree copy orFPLP sent to a family
member or mend. Simply send us their name and address
on this form. f1aIa ftiol.

Ifso, please complete the below information and send it to FPLP so
that the mailing list can be updated and so you don't miss an issuc.

OLD
ADDRESS:
Name:.-

_

lost
Add:-ress----------------

Name
Address :

_

City

State . '

I

Zip:
Complete and man to:

noRlDA PRISON LEGAL PERSPECIlVES
P.O. 80s "0-387. Cbuluota, FL 32766

_

City

Statc_ _Zip

NEW ADDRESS:
Name,
Inst.

--_

Add:-ress-----------------

City

State_ _Zip,

Dates:_·

_

(PLEASE PRINT CLEARLY)
-------

Mail To: FPLP, P.O.BOX 660-387, Chuluota, FL 32766

Florida Department of Corrections
. 260 I Blair Stone Rd.
Tallahassee FL 32399-2500
(850) 488-5021
Web Site: www.dc.state.t1.us

(8S0)413-9330
Web Site: www.dos.state.O.uslfgilS1agencieslfcc

, fOOC has created a new position in the central
ce to address complaints and provide assiS1aftce to
lOner's fiunilies and ftiends. Sylvia Williams is
FDOC employee appointed as the "family OmIsman. n According to Ms. Williams. "The OmIsman works as a mediator between families. in~ and the department to reach the most effective
llution." The FDOC Family Services Hotline is
·free: 1-I88-SS~88.

FDOC SPANISH HELPLINE
, FDOC bas also created a help line to assist Span·speaking c:itiufts obtain information ftcnn the
artment. Tina Hinton is the FDOC employee in
. position. Contn.et 1-800-4104248.
My

problems with

~RSBIP/SUBSCRIPTION

Commission to advise
them of problem areas.
The
Commission
is
independent of the FDOC
and is interested in public
participation and
comments concerning the
oversight of thcFDOC.

The
Florida
Corrections Commission
is composed of eight
citizens appointed by the
governor to oversee the
Florida Department of
Office ofthe Governor
Corrections, advise the
PL OS The Capitol
governor and legislature
Tallahassee FL 32399-0001
on correctional issues,
, (850) 488-2272
and promote public
education about the
922-4631
correctional .system in CbJeflnspector OeneraL
488-7146
Florida.
Tbe Citizen's Assis1ance Admin...:
Accountability
Commission bolds CommissionlGovemmem
to the People
922.6907
regular meetings around
Office of Executive Clemenc:y
the state which the
2601 Blair Stone Rd.
pubUc may attend to
Bldg. C. Room 229
provide input on issues
Tallahassee FL 32399-2450

RBNBKAL

Please check your mailing label to determine your term of membership
and/or last month of·subscription to FPLP. On the top line will be a date such
as ••·Nov 00···. That date in~cates the last month and year of your current
membeIship or subscription to FPLP. Please take the time to complete the
enclosed form to renew your membership and subscription to FPLP.

MoVing? Transferred? Ifso. please complete the enclosed address change
fono so that the membership rolls and mailing list can tJe updated.
Tbankyoul .

Florida Resource Organizations

Florida Institutional Legal Services
IIIO-C NW 8th Ave.
Gain~i1Ie FL 32601

encouraged to contaet the

Fax (850)413-9141
EMail: fcortOm@mail.dc.state.fi.us

Foot FAMILY OMBUDSMAN

:ase inform FPLP if you have
-'8 the above services]

and problems affecting
the correctional system in
Florida. Prisoners
families and mends ~

Florida Carrections Commission
260 I Blair Stone Rd.
Tallahassee FL 32399-2'00

'FLORIDA
PRISON
LEGAL
PERSPECTIVES
P.o. BOX 660-387
CHULUOTA, FL 31766

(3S2)9S5-2260
.

Fax: (3S2)9SS·2189
EMail: filS@afh.org
Web Site: www.afh.orgI

fils!

Families with Loved
ones In Prison
710 Flanders Ave.'
Daytona Bcb FL32114
(904)2 S4-84S 3
EMail: flip@afn.org
Web Site: www.afh.orgI
flip

Restorative Justice Ministry Network
P.O. Box 819
Ocala. FL 34478
(352) 369-50S5

Web: www.rjmn.net

NON-PROFIT

U.S. POSTAGE

.

PAID'

OVIEDO,FL
PERMIT NO. 65