WOMEN PRI~ONER~ VICTIM~ OF VIOLENT ABU~E
According 10 a repor1 released by

Amnesty International during March,
women in U.S. prisons arc being subjected to a "shocking array" of abuses that
include rape, sexual harassment and uad-

ing sexual (",ors for pri\ ileges. Using
public records and its 0\\0 in\cstigalors,
the Amnesty Intemalional repon documents al least 96 instances since 1992

where prison guards hllve been criminally
convicted, fired or otherwise disciplined

for rape. sexually harassing or trtlding
prison privileges for sex with female
prisoners. Amnesty Intemluional claims

this is the most comprehensive study on
this growing arell of abuse of U.S. femnle
prisoners to dale.
The report covers Ilbuses against

women prisoners from several SIllIes and
a federal prison. ~This is not a question of
one or twO stales or JUSt one pnn of the
country having II problem." said William
Schulz. director of Amnesty Internalionnl
USA. "This is a pervasive problem of
human-rights violntions from one end of
the country to the other agllinst those who
are most VlJlnerable."
A spokesman for the American Correctional Associtl.lion (ACA). Jim Turpin.
responded to the repon stilting. ~There is
no epidemic. When this does occur. it is
aggressively dealt with and prosecuted."

IN THIS ISSU:

•

The ACA is an organi:ullion that provides information to prison officials and
that has been alleged to sell
"cenifications" that prison systems meet
~standan:ls~ set b) the ACA for use by
the s)'Stems in defending themselves in
legal challenges concerning conditions
of confinement.
The Amnesty International report
llisa addresses and calls for more .llIen·
tion to Ihe health needs of women pris·
oner.;, especially the needs of those \\ ho
give binh "hile incarcerated. II is esti·
mated that morc than 1,000 women
gave binh while in prison last rear.
Between 1990 and 1997. according
to U.S. Justice Depanment stlllisties. the
number of women incarcerlllcd in the
United Stales has increased dramatically. In 1990,78.000 women were in
state or federal prisons or locnl jails.
That number had increased to 138,000
by 1997.
In a ncw reporl by the,U.S. Justice
Department that was released April
I !th. more than a third of all women
who are incarcerated in the U.S. say
Ihat they were physically or sexually
abused as children. ThaI is approximately t\\ice the rate of child abuse
reported by women o\crnll. More Ihan
36 percent of female state and jail pris.

oners surveyed in 1996-97 reponed that
they had b~n sexually or physically
abused at age 17 or younger. That compares 10 studies of child abuse in the
general population showing that 12 10
17 percent of women had betn abused
as children.
Commenting on the new Justice Depanment sup/ey. Eleanor Smeal, president of the Feminist Majority Foundation. Slated, "Childhood abuse increases
Ihe risk thai an)'one. female or male.
could end up in prison. because the
horne influence is so pervasive. Women
llbused as children have rheir \\hole
self-image changed. They believe they
are bad. They end up in relationships
with mcn who abuse them and in risky
situations."
ISlIllrfu: lISA TODA I'. ,(112199: R~porl nili.
Ihlt (rom: Mllnesly lnftrllillonil USA. J!l
&h AH .. "'tIl York-N\'. 10001.1. .

INCREASE IN DRUG
TREATMENT PROPOSED
During March the Justice Ocpanment released its yearly Justice Stalisties showing that officially Ihere are
now more than 1.8 million people in jail
or prison in the United States. That
figure is up 4.4 percent from last year's
numbers, and is more Ihl1n double the

SEXUAL ABUSE AND CIVIL RIGHTS
PROPOSED MAIL RULE UPDATE
FDQC DISCIPUNES GUARDS IN PRISONER'S SUICIDE
ANNUAL CAPITAL DEMONSTRATION
NOTABLE CASES
CLEMENCY GRANTED SIX WOMEN
OUTSIDE THE WALLS

3
5
6
7
9
12

18

numbers fhat were incarcerated just 12
years ago. The report showed that the
number of prisoners in state prisons grew
4.1 percent, the number in federal prisons
grew 8.3 percent and Ihe number in local
jails grew 4.5 percent.
The Justice Departmenl's statistics
also showed that 23 percent of those
incarcerated are locked up for nonviolent drug offenses. That is up from
just 6 percent in 1980. This at a time
when many prison systems have reduced
spending on drug treatment programs so
that more prisons could be built with the
money saved.
In recognition that an estimated 80 to
90 percent of those incarcerafed were
using drugs or had a substance abuse
problem thai contribUied to their incarCerlllion, in conjunction with the Justice
Department's release of the new statistics
Preside", Clilllon announced that his
budget for fiscal year 2000 will include
5215 million to test and treat prisoners
for drug abuse.
"Drug use sfrokes all kinds of crime,"
Clinton was reponed as saying. "II is
something to avoid releasing criminals
wilh their dangerous drug habits intact."
If Climon's proposal is appro\'ed by
Congress, !he money will represem an
increase of approximately $100 million
over funds now available to enforce
"zero tolerance" of drug use by
prisoners, parolees, and probationers.
Climon's drug policy director Barry McCaffrey said that such treatment only
makes sense where untreated addicts
cost taxpayers about $43,000 per year
each, while prison-based drug treatment
for an individual costs $2,700 annually.
Clinton also announced that 5120
million in already approved funds will be
released for drug-free initiatives this
year. Of that S63 million is slated to go 10
state prison systems to provide long lenn
treatment and intensive supervision for
prisoners with the most serious drug
problems.

group. For the Indian population there
are 124 violent crimes (murders. rapes,
robberies and assaults) for every 100,000
people in the populalion. That is double the
national violent crime rate for blacks and
almost 2112 limes the overall national aver·
age of 50 per 100,000.
The report also found that reports of child
abuse arc increasing among Native Americans and thaI Indian children are more
likely to be abused than any other ethnic
group.
An estimated 63,000 Indians. approximately 4 percent of the adult Indian population, are in jail, prison or othenvise
under the control of the criminal juslice
system on any given day. The compares to
2 percent of Ihe white population and 10
percent of the black population. •

FLORIDA PRISON LEGAL
PERSPECTIVES
POBox 660-387
Chuluota, Florida 32766
Pubhshing Division of.
n.olJ'~

Web; hllp:f1members.aol.comlfplplfplp.hlml

!1rLAO I)IHIOCTOIIS

TERESA BURNS
BOB POSEY

DARRYL McGLAl\·IRY
DAVID W. BAUER. £Sq.
fPLPSTAFF
TERESA BURNS
BOB POSEY
Llrout Editor JOliN OAKS
Ruureh
SHERRI JOHNSON
Admin. Assls. LISA FAULKNER
TRACIROSE
Publlshel
Editor

ADDICTED TO LOVE
A County District Judge in Fort Madison, Iowa, had reportedly all but dismissed a lawsuit filed by an lawn State
Penitential)' prisoner against a prison nurse
who he claimed addicted him to the wiggle
in her buttocks, and then once he was
addicted she stopped the wiggling.
Paul Blaise. 26. alleged in his lawsuit
that nurse Maggie Barnett wore tight pants
to work twice lifted her lab coat and
wiggled her bollom during shower times in
the cell unit where he was confined.
Blaise, who is serving a 10-year sen·
tence for third-degree sexual abuse, said
Barnett repeated the rear end gyrations
until prisoners became addicted and then
stopped.
The judge on the case issued an order
during January, 1999, staying the case
from further proceedings umil Blaise
comes up with enough money to pay for
the nurse's legal costs
1500=; Soutlr/""d PrlJo" N~, Assoc:ialfil Press
RepMl.

fl'U' AOVISORY IIOARn
WILLIAM VAN I'OVCK
"IULlI' BAGLEY - SHARON SiMMONS
TERRY VAUGHN. MICIiAEll.AMBRIX
AI.AN I, COnON - JAMES QUIGI..EY
JAMES TAYLOR - JUDIE ItlGltTOWER
CARL W£lJ.S - GLENN S~lInt
£IRIAN MORRIS· EARN HOWARD
UNOA GOrfUE8. SUSANJo,'E M MANNING
JANEPRAn -PAUL ADAMS
KlM8ERLY PEOPL£S _P£TB( BL\NTON
JAMES MAJOR. ENRfQUE DIAl
SCOnGRAY
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According to a U.S. Justice Depanment
report released in February, American
Indians are more than twice as likely to
be victims of violent crime than any other

F.P.L.P. VOLUME 5, ISSUE 3

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.USQSIIIS U:CAL ~'D O'C"'~""'TlO!O.ISC.

A SOI(c)(J) Non Profit Organiz:tlion
(407) S68-o200

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NOTICE

The Informalion in lhis publica lion pIOY'~C' ne",
and opinion from I'ariou, ~ources and may nOL plO'
v,~e ,,,lfoe'enl 'nformauen LO d~al wilh a legal probtern Nellher llle publlshel. nor slaff. warrants 01
rel'rcsents the .u,tab,hly of the ,nformal,on 'n Ih,S
publo~llon for ,nlUlullng any legal "liOn
An
auomcy or Ol!>c:, knowlcilgnble penon on a d,.pulfil IUn .hould be consulted fOl exPCII= on
legal areas 11us P\lbheallon should IlOI be relied on
as aulhor'llIl"'e eltallen

Page 2

SEXUAL ABUSE AND CIVIL RIGHTS:
The Impact of the PLRA
Physical Injury Requirement
by Giovanna Shayl

• Two WO#lell, prisoners are strip
scarched by ma/e gllards. FollDt..,lnl: the
incillent. one suffers stress~/"dllced migraine headaches, Ti,e other auempts
suicide and must undergo a stomach
pump.
• Deputla at a jail subject womell prisoners to constullt verbal se..'wul harassment and requests for sauul fUI'Ors.
Deputla ask to'omen to strip alld masturbate in front of Ihem. Wumen who campi), are granted special privileges.
Women who complain become the targets of retaUation,
• II K'omen prisoner is raped by a male
inmate K'ho pays Q guard to let Ilim Into
her cell.

Do these incarcerated \\omen have
viable civil rights lawsuits? regardless of
the
substantive
law governing their
claims. the Prison Litigation Refonn
Act of 1996 (PLRA) threatens their
ability to seek relief in federal coun.
In recent years, the problcm of
sexual abuse of incarcerated women in
United States prisons and jails has gained
increasing attention. Cases such as
Casali \'. Seckinger, l Women Prisoners
of D C. 1'. Dls/ricf of CollIlI/bia. J and
Lucas v. While' have exposed rampant
sexual misconduct and shocking incidents
of scxual assault. The United Sillies
Department of Justice is litigating
cases alleging systemic sexuIII abuse in
j
both the Arizonll and Michigan state
6
7
syslems. I·hunan rights lIgcncies and the
populnr press' repon grievous sexual
violence against inearcenlled women. In
1998, the United Nations Special Rapporteur on Violence Agains! Women toured
the U.S. to invcstigate the problem of
sexual exploitation of women in U.S. cus·
tody.9
Yct even as incarcenJted women and
their advocates expose sexual abuse, the
PLRA threatens to close federal couns
to prisoners who have been victimized.
Specifically, a provision of lhe PLRA
bars recovery in federal civil rights
actions by prisoners "ho c:JIlnot demon·
strate a physical injury. h stilles; "no
federal civil action may be brought by a
prisoner confined in a jail, prison, or other
corrtttional facility, for memal or
emotional injury suffered while in cus-

F.P.L.P. VOLUME 5, ISSUE 3

lody without a prior showing of physical
injury.ft 42 U.S.C. Section 1997e(e).
Lawyers for women prisoners have rea·

son

(0

some

fear 111a\ courts will bar relief for

types

of sexual
IO

harassment,

abuse, and assauh.
A case Ihal did nOI even involve II
sexual assauh, Sig/ar v. flightoll'er. foreshadowed the impact of the PLRA on the
civil rights of sexually abused women
prisoners. In Siglar. the Fifth Circuit dismissed a Section 1983 aClion brought by
a prisoner alleging excessive force. The
prisoner, Lee Andre" Sigler, II. alleged
that. in an inc idem arising out of his
possession of a biscuit, a prison guard
had verbally abused him, twisted his arm
behind his back, and twisled his ear. 1l
Allhaugh Siglar's ear was bruised and
sore for three days, he neither sought nor
received medical treatment, and he sustained no injury. U The Fifth Circuit applied Eighth Amendment standards in
interpreting the PLRA physical injury
l
requirement. • The court concluded dlllt,
because Siglar's injuries were de mi,,imis, he had failed to articulate a claim
under the Eighth Amendment and to
demonstrate the physical injury required by the PLRA. U
Unfortunately,
a U.S. Magistrate
soon applied Sig/ar in a case involving a
cross-gender strip search. with disastrous resuhs for the plnintitTs. In Mo)'s
v. CII)' of Albuquerque,
a
fedeml
magistrate in the district of New Mexico
dismissed a claim by two incarcenJted
women who had been strip search by
mole guards in violation of the Fourth
One of the plaintiffs
Amendment 16
sutTered migraine headaches due to the
Slress of the incident. The other attempted
suicide and as subjected to a stomach
pump. The court relied on Siglar to
interpret the PLRA physical injury reIt concluded "Even if the
quirement
Coun were to consider any injury to Lisa
Martinez as a result of her altempted suicide a a qualifying physical injury
under the statute, a feu hours of
lassitude and nausea and the discomfort
of having her stomach pumped is no morc:
than a de minimis
physical
injury.
Similarly, the mere fact thllt Sharon
Moya now suffers headaches which

she auributes to the stress of her slrip
search is not a serious physical injury.
Following the guidance of Slglar, such
injuries are insufficient 10 overcome
the hurdle posed by Seclion 1997e (e) .11
In Luong 1'. Hart, a U.S. Magistrote
Judge employed a similar analysis to dismiss a Texas prisoner's failure 10 protect
claim. Although not a sexual assaull case,
Luong comained facts common to sex·
ual assault scenarios. According to his
DOC medical records, the plaimiff,
who had been attacked by other inmates.
sutTered "cuts, scratches., abrasions, lacerations, redness, and bruises.,,1'
The Magistrate Judge concluded. however, that the plaimil1's medical records
described only de minimis injuries. and
that, therefore, the prisoner had failed
to demonstrate the requisite physical
injury under Section 1997e(e). The court
reasoned Ihat only injuries involving
"lasting disability" or "severe pain" con·
stitute physical injuries within the mean·
9
ing of the PLRA. It concluded that, "a
physical injury is ah observable or
diagnosable medical condition requiring trelltment by a mediclll
care
professional.:O
Not all federal couns have demon·
strated such callousness. In Nlmn \'.
Michig(JII Dept. of CorrecliOllS, a fed·
eral district court concluded that the
Section 1997c(e) physical injury requirement did not bar an Eighth Amendment
claim by prisoners \\Iho had been raped
and sexually assaulted by DOC employl
ees.: Such attacks, the court reasoned,
necessarily entail a physical injury at
lellst sufficient 10 overcome a Rule
12(b) (6) motion. 22
Advocates for incarcerated women
may attempt to escape the mental or
emotional injury Illbel by emphasizing
their clienLS' somatic reactions to sexual
abuse. In the pre-PLRA case Women Pris·
oners ofD.C. v. District of Columbia,
plaintiffs' expen testified that systemic
sexual harassment
and
misconduct
caused plaintiffs to suffer ·significam
depression, nausea, frequent headaches,
insomnia, fatigue, anxiety. irritability
[and] nervous·ness: ~ In another pre·
PLRA case, Jordan V. Gardner,:' the
Ninth Circuit concluded thai a policy

Page 3

allowing male guards 10 conduct random,
non-emergency,
suspicionless clothed
body searches on women
prisoners
violated lhe plaintiff prisoners' rights
under Ihe Eighlh Amendmenl. The court
based its conclusion on the fact thai such
searches caused many members of the
plaintiff class severe emotional distress
IUld psychological suffering. Inrgdy due
to the "omen's prior experiences of
sexUJI abust.1J However, il highlighted
an eXlreme somatic reaClion: a prisoner
who, after being subjected 10 such a
search, "had to have her fingers pried
grabbed
loose from bars she had
during the search...and vomiled after returning to hcr cell block.,,16 As Moya
demonstrates,
however, some courts
may reject such physical reactions as
de millimis injuries under Siglar.
The D.C. Circuit recently concluded that
certain somatic symptoms were in·
sufficient to eslablish a physical injury
within lhe meaning of Seclion I997e(e).
In Dm'is v. District of Columbia,
a
prisoner "ho had sued for to cmental and
emocional distress arising from the
disclosure of his HIV status sought 10
amend his complaint 10 allcge physical
injury.l' He relied on an affidavit by his
psy'chiatrist stating that he had experienced \~eight loss, appetite loss, and
insomnia after the disclosure of his
medical sfalus.":' The D.C. Circuit declined to allow him to amend. II
concluded thaI the Section 1997e(e)
of a "prior" physical
requirement
injury, as \~ell as Ihe legislntive purpose of
discouraging
frivolous"
lllwsuits
"preclude reliance on
the somlllic
manifestalions of emotional distress thai
Davis atleges.,,;:g It remains to be seen
whelher other courts will follow Siglor
and Dm'is in cases involving severe and
long-lived somatic reactions to sexual
abuse.
Perceiving that Section I997e(e)
prohibits rclief even for psychological
tonure, prisoners, advocates have atlempted to challenge the provision on
conslitulional grounds. Several early
opinions by magistrate judges questioned Ihe constitutionality of the physical injury requirement.)(1 liowever, both
the Seventh and D.C. Circuits have upheld the provision against constilutional
challenges. Ironically, both courts did
so on the grounds thai left open the

F.P.L.P. VOLUME 5, ISSUE 3

possibility of injunctive relief.
In Zehner I'. Trlgg, the plaintiffs
challenged Section 1997e(e) on
three
grounds, claiming that· (I) Congress
lacks thc power to strip federal couns of
their po\\er to remedy constitutional violntions; (2) Seclion I997e(e) violates
cqual proteclion by impinging on the
plaintiffs fimdamental rights to acces"
to the couns: and (3) Section 1997e(e)
violates
separation
of po"crs by
impennissibly direcling the outcome of
constitutional cases.!1
The Seventh Circui! rejected aU three
e1aims. The court disposed of the
jurisdiction-stripping argument by stating
that, the Constitution does not demand
1111
individunlly effeclive remedy for
every constitutionnl violntion."ll As for
a~cess to courts, the court wrote. Section
1997e(e) does not limit prisoners' access
to courts, but, rather, their access to
relief.u Finally. the court concluded that
Section 1997e(e) does not prescribe a
"rule of decision" any more than any
other statute selling out prima facie
elements.~

The D.C. Circuil upheld Section
1997e(e) on similar reasoning in Daws JJ
The plaintiff in Dm'is claimed that prison
officials had violated his fundamental
of privacy by
constitutional
right
disclosing his 11IV status. He alleged
mental and emotional distress arising
from the constitutional violation.J& The
dislrici court dismissed his claim.
relying on Section 1997e(e).J' The plaintifT appealed to the D.C.
CirCUit,
alleging, illler alia,
thnt Section
1997e(e)violated his rights to equal pro·
n
tection and access to the courts.
JQ
The D.C. Circuit rejected both c!aims. It
concluded that the physical injury requirement did not impennissibly infringe
on Iheplaintiffs
fundamental
right of privacy because it "is merely a
limitation on damages."~ Reading lhe
stalute as applying only to injuries suf·
fered" in the past, the coun reasoned
that it did not preclude prospective
relief such as declaratory and injuncti\'e
relief." It further noted that "suits for
dedaralory and injunctive relief against
the threatened invasion of a constitulional right do not ordinarily require
proof of any injury other than the threatened constitlllionill deprivalion itself.-ll
Precluding "backward-looking" relief in

cases alleging only mental and emolional injury. it reasoned, did not
"directly and substantially" interfere
with the plaintiffs cxercise of his constitufional right of privacy." The court
rejected the right of access claim on simifollowing
lar grounds." In circuits
Zehner and Dm'is, therefore, plaintiffs
may seek injunctive and declaratory
relief for sexual harassment,
In an opinion by Judge Reinhardt. the
Ninth Circuit offered prisoners llnd their
lldvocates some hope. In Canelf v. Ugh/ncr, the Ninth Circuit concluded that II
prisoner's conslitutional claim did not fall
within the Section 1997e(e) prohibition
on claims for "mental or emotional"
injury. The court declined to apply Section 1997ll(e) to bar a prisoner's clnim
that OmCillls hnd violated his rights under
the Establishment and Frte Exercise
Clauses of the Firsl Amendment 10 the
J
U.S. ConstilUfion: The court reasoned:
"CaneH is not asserting a claim for mentnl or emotional injury." He is asserting
a claim for a violation of
his First
Amendment rights. The deprivation of
First Amendment rights entilles a
plaintiff 10 judicial relief wholly aside
from any physical injury he can show,
or any menIal or cmofional injury he
may have incurred. Therefore, Seclion
1997e(e) does nOI apply 10 First
Amendment Claims regnrdless of the
form of relicf sought."'"' Similarly,
sexual abuse plaintiffs may argue that
they c1nim violntions of their Eighth nnd
Fourteenth Amendment rights, not mere
"mcntal or elllotional injury.
£NnNOTt' .
I. Thlslrllrl~ \'lU SUppotltd byal:ranl from lhf
Open SOdel) IMlilule's Cenler on Crime, Com·
n1unltle) & Cullure's Soros Jusllee Fellowsblp
I'rOJ:ram. I hlH retied benlly on bOlh lbe
ACI.II,\allonat "rhon I'rojeel" SignijkQIII D,.
tisioIU Rt'Jtotdi", tilt PriJon lAi'flflofl RtlotM
Art and Johrl OMlon's The ,rifO" ud,aJlofl
RtfOtm Art: Tile SlfJr)' So Fat.
2. Con~nl Ordee filed in Chil '\fllon /11'0: U·
JIJ·I· \IAC (\to. Ga. No•• 2J, 199-'1.
J. WOIll~n Priwnen ". Diurkl IIr Colulllhla,
877 F.supp. 6J..& (D.D.C. 199-1), .Inled in plel,
modified In plM, 899 ESupp. 659, eemlod,d, 9J
FJd '10 (D.C. Cit. 19%). UM. d~nied, 117 S.Ct.
ISolS2 (1997).
-I. "U.s, I'ebons Will Cbange Stlust Auull
Pollclu." IV. I: Tima NQfi,mo/, Muth -I, 1998,
IIAU.
S. Ton)' OMeg•• "Feds Sue Arillllla: Sille Ac·
euud of Falllnl: In I'roleel Women Inmllu
From $rull Mlsconducl' Inlol\'inl: Prison
Guudl." I'hoenil N~ Tima .\!lreh IJ, 1997.

Page 4

6. AnJali J. &kha, "In Michigan: Femalc Inmalf! Ahused and MISlrUI~d. Suil Claims. Corrfclional Offifiab SA)' .hmlfe 1l~lllflm~nl I.ackll
EYldtnce," The DdTo/t Nt",s, JUlie 6. 1997, a' 1l3.
1.7. Iluman Righls Walfh, "All ,o0 Familiar:
SUllal ,\buu of Wom~n in U.. I'risons." (1996);
lIuman Righu Watfh, "1\'O"'hfrf 10 Ilid~: Rnali·
alion Againsl Womfn in Michigan I'rilon~,"
(1998): Wom~n's InSlillm for Ltadfrshipll~\fl·
opmfnl for Iluman Righls, "Iluman Righu for
Wllmen in U.s. CuSI'I<I)·... (1\198).
8.Nina Siegal. "LOfll~d Up in Amfrica: Sla"u '0
Ihf SylUm,"
Sulou
MUNld,le,
hlfll:1I
IVWW .salo n mag a zi" ~.r Inn/Ill wtlre. I u rei
I998109/coY_01 rratu rr~.h 1m,
9. lnl~rnllional lIuman nighls Law Group
Women's Righls ,\d\'orJr)' I'Tognr.m. The United
Nalions Spedal Rapporleur on Viol~nre AgainSI
Wom~n: Q&A FJrI Shel'l (Mil)' 1998},
10. Th~ PI.RA ph)siutlnjur)' r~quiremrnl dol'S
nOI appl)' 10 plainliffs who an no long~r lncarrerlled KUT V.PI/(:ket, 138 F,3d J!l. J2J (71h
Cir, 1998); and COUTU ha\C tlcdin~d 10 appl)' lhe
pro,'ision relroacti\'l'ly, srI' SWll/I I', 8ullks. 160
FJd 158 (91h Cir, 1998: CraiN \'. Eberly. 1998
WI. 886748 al J II0th Cir. 1998),
II. Sig/nT ". lfigllfo,,-u. 112 F.Jd 191(51h Ci.
1997).
n,lda1193.

lJ.llI
1".Id. al 19J.

IS, fd. Rl 19~. 8111 srI' Gomr~ I', ChuflIller, 1999
WI, JO~ ilt ~ (5th OT. 1999) (ttll,ill~llishing Sigll"
and nOling Ihal "Ihue is no c:llel:0rical re1luiremrnl lhallhe ph)'llcallnJur), be j'gniriclnl,ser!.
ous, or mOTe Ihan minor.").
16.1\'0.96-1257 I>JSlRLI', MI'III. Op. and Ordrr
(O.N.M. NOl'.17. 1997) (unpubliJh~d).
17.ld al~.
18. I.uonl: ,'. 11111, 979 F.Sul1ll. ~81, 4SS (N.Il. Tn
1997).
19. flL
20. fll II

~81l.

21. Nunn V. Michigan D~p/ of COfFeCliom. 1\'0.
96-CV_71416, Ordrr and Op. al 9 (t;.I). Mid,.
Frb.~. 1997) (unpublished).
22. Id It9.
!J.877 F.Supp. at 665.
24.9116 .-.2d 152lt91h Cir.199J).
25./daI1525-26.
26./ll.,1523.
n.199!J WL 743572 (I).C. CJr. 19911).

1R.IlIaI6.
29. /ll S"t I1lso Plasuurio V. Slalr of Cali/ornitl..
198 WI. 80~71J at 8 (Cl). Ca1.19911} ("weigh I
lou is insuffirlenl 10 conJillulr I prior pl1)'lical
Injur)' under PLK.\ "): Valrnliuo '. Jacobson,
1999 WI. 14685 al (5.0 ...... \'. 1999) ("aQl,rl~"
and "somalic rmolional t1ifftclllilies" fail
Slale
I rh'il rights claim undrr "lR;\).
JO. Su, ".C.. Calhoun I'. 1)~Trf1u, 1997 WL 75658
(N.l>. Ill. Fl'. 8. 1997): I)orn Y. O"Tellll, 19?7 WI.
85145 (N.Il. 111. Frb.24, 1(97).
Jl.IJ3 F.Jd 459. 461-65 (71h Cir. 1997).
32. IlIA62.
JJ. fll II ~6J.
J4. ld at 404.
35. 1998 WL 74372 II I.
J6. fdlt 1.
J7. III
J8.ldall.

'0

F,PLP, VOLUME 5, ISSUE 3

39. Id 117.
~O.fllal1.
~I.

flf. al 2.

~2.

ilL

4J. fll

II

J.

.N.IlIat~.

45.1·13 FJd 1210,121219Ih Clr. 19981.
46. Id., 121J. See also Sdf-Alluh v. Ammuui,
1998 WI. 9120011 a, 5 (W.O.N.\'. 1998).
Giol'fl'mu Shfl)'. J.D. I'D/~ 1997, is on u $OTOI
Jlls/ire F~/Io...ship ""ilh Ih~ NOlionnl P,ison
I'Tojul fMusint: on ISJIII'$ alluring inca,rufl,..d
"·lImrll.

This or/iel.. is uprimrd htrt. wilh pu-

mls.lIoll. fTom Vol. 11, !I'll. 4. 1I/Thr National

I'rlson l'roJrct Journal..

PROPOSED MAIL
RULE UPDATE
In the JanuarylFebntary issue of FPLP
it was nOliced that lhe FDOe had reproposed amendments to Ihe romine, legal. and privileged mail rules at 33-3.004,
33-3.005, and 33-3.0052, F.A.C .. On
November 25, 1998, the depanment
posled lhe first of the two required
rule making nolices before those amendmelllS can be adopted. The Nov. 25th
notice was Ihe "rule development" notice.
Thc second rcquired notice has nOI been
posted as yct and thcrefore those proposed
amendments have not been adopted to
date.
As noted in the above mentioned issue
of FPLP, some of the new proposed mail
rule amendments are good and would
benefit prisoners and their correspondents in having clear rules sctting out whal
is and is not allowed in mail. However, it
was also noted that some of the proposals would seriously and negatively affect
the ability of Florida prisoners to
communicate with the outside and some of
the proposals do not appear to comply
with established federal or state laws. It
was requested lhat FPLP readers be prepared to file written comments and have
their families and fricnds do Ihe same to
certain portions of the proposed ntles if
and when the second slage of the ntlemaking notices were postcd. Since that second
stage noticc has not been posted yet it is
suggested that everyone remain prepared.
There is no time limil that has to be
observed betwcen the time the first notice
is postcd and when the second notice appears, usually the FDOe does not wait this
long 10 post the second notice however.
When and if thaI second notice is postcd,
there is a time limit on when comments

and objcclions must be filed, il is 21 days.
The name and address of Ihc person to send
comments and objections to will be listed
on Ihe notice.
So, prisoners should WlllCh the bulletin
boards for Ihat second ntlemaking nolice. If
it appears, we all need to be immediately
prepared to object to the negative ponions
of the proposed mail rule amendments. Last
yellr we were successful in having the department withdraw very similar mail rule
changes by working together to send hundreds of comments and objections. If the
department shows that it is going to try 10
adopt such onerous rules again we must be
prepared to challenge them again. Prisoncrs' ability to communication with the outside world is perhaps their most important
right. Wilhout that ability cverything else
will be quickly losl. 'Prisoners still have
substantial Firsl Amendment rights, they
must be zealously protected from any invasion or allempts fO apply "get tough" nonsense rules to restrict them.•

UIO-20-LlFE"
CATCHY PHRASE BUT WILL
IT FLY'!
On March 31, 1999, Gov. Jeb Bush
signed into law new legislation that all
Floridians are familiar with from Bush's
gubernatorial campaign, the "10-20-Life"
law. The new law will lake effect July 1
and will make gun-related mandatory minimum prison sentences where a gun is used
in a crime go from the currcnt 3 years to 10
years minimum. If the gun is fired, the
mandatory minimum goes to 20 years, and
if someone is seriously hurt or killed the
mandatory minimum will be 25 years to life
in prison. Jcb Bush said, "It·s time fhal
gun-toting violent criminals who prey on
Florida's law abiding citizens receive absolute certainty ofpunishmclll. and 10-20-life
will do just that."
In fact, according to some lawmakers,
Ihe law will not provide anymore certainty
of punishment than laws that are already in
effect where undcr thc new law state prosecutors will take over Ihe role of judges
when they retain the authority to pick and
chose who receives a plea bargain to lessor
charges lhat are exempt from a 10-20·life
sentence. A majority of Florida's black lawmakers opposed the new law, ciling that it
will have a disproportionate impaci on

Page 5

blacks who commit crimes.
All II of the Florida House of
Representatives members who are black
voted againslthe new law. The bill passed
in the House 108 white slate representatives against the II black Slate representalives. With more at slake as concerns
there polilical future, none of the few
black state senators voted against the senate version of the bill, and it passed in the
Senate unanimously.
A provision in fhe law requires the
state to heavily advertise the coming
tougher sentences in the hope that gelling
the word Om on the street about the penalties now being faced if a gun is used in a
crime will work to reduce gun-related
crimes.
The
legislature
approved
$250,000 for the advertiSing. A similar
tactic in Florida in the early 1980s advertising an increase in the penalty for anned
robberies of up to 99 years in prison did
not reduce the robbery rates.
Strangely, the IO-20-life law has
another provision Ihal makes lillie sense to
some critics excepl in Ihe overall trend of
the government to exempt its own from
the laws. That is the provision Ihat police
officers and military personal who commit
gun-related crimes on the job or going 10
or from work will not be covered by the
10-20-life law because they have no
choice about carrying fireanns.•

boys escaping felons and that he was trying to reslrain them. "I got binen too,"
McCray said.
The boys allegation of this get tough
trealment has lead prosecutors to investigate other conditions at the statefinanced. privalely operated juvenile facility. The U.S. attorney's office is also
investigating claims Ihat weaker boys al
the facility are targeted for group beatings
and Ihat new boys were forced to perform
mock sex aCls.
At the lime thllt the ant incident occurred, the program was being operated by
Gator Human Services, a private company
based in Michigan. Since then the program contract has been sold to its current
operator, Youth Track.
Four guards have been fired and one
'was suspended for three days. according
to a spokesman for the state Depanmem of
Juvenile Justice. McCray said he resigned
because he was told he would have to
work more hours, but the juvenile juslice
department says he was terminated
because of the investigalion .•

FDOC DISCIPLINES GUARDS
IN PRISO 'ER'S SUICIDE

In a rare instance. during March the
Florida Depanment of Corrections
(FDDC) took disciplinary action against
several correctional officers which an inGET TOUGH ATTITUDE
vestigation revealed had been involved in
PROMOTES JUVENILE ABUSE illegal and wrongful acts that may have
contributed to the suicide of Florence
During March state prosecutors from Krell. The last two issues of FPLP reMiami-Dade County began investigating a ported extensively on this siWlltion and the
progmm for juvenile delinquents after al- suicide death of another female Florida
legations were made that a guard forced prisoner. Chrisline Elmore. only 8 weeks
IWO boys to lie on a nest of red lints after after Krell's dealh.
they had tried to escape.
Three guards received official repriThe two boys. ages 14 and 15, suffered mands for their part in the treatment of
hundreds of ant bites lasl summer arter Florence Krell, who had unsuccessfully
trying to escape from Ihe Hurricane Con- filed compillints \\ith Ihe FDOC Ihat
servation Corps program located in South prison guards were harassing her before
Florida.
she evenlually look her 0\\0 life in a soliThe boys allege fhal guard Andre\\ tary confinement cell atlhe_prison.
McCray forced them to lie on Ihe ground.
Even though in February a Florida
one on lOp of the olher, on a mound of Depanment of Law Enforcement investibiting red ants after he caught them trying gation report had cleared any guards of
to escape. The boys also claim that once in wrongdoing. during March. six Jefferson
Ihat posilion McCray placed his foot on CI guards were hand-delivered notice of
top of them and pushed them down into disciplinary charges by Ihe FODC. The
Ihe ant mound.
charges included allegations of numerous
McCray said that he considered the violations of the department's rules includ·

F.P.L.P. VOLUME 5, ISSUE 3

ing tampering with Krell's legal mail to her
sentencing judge asking for help from him
10 stop guards from harassing her. stripping
her nllked in the cell and leaving her handcuffed for days, and failing to disclose that
they had turned the waler offin the cell.
Two of the guards, LI. Anlhony Palazzolo and Sgt. Yolinda Robinson, are facing
tennination from the department for their
pan in Krell1s treatment. Three Olher
guards. Sgt. Lenila Lawrence, LI. Jean
Hamburger. lind COl Cassandra Thomas,
received written reprimands. A sixlh guard
was also 10 be disciplined in the maUer.
Palazzolo was one the several
guards that Krell had tried to liIe
complllims about, she had accused him of
harassing her. She had tried to get higher
officials to invesligate her claims. but all
her grievances had been denied with the
standard boilerplate responses that lire usually used to deny any complaint made by
Florida prisoners.
Palazzolo has been charged with negligence. lying to investigators, and willful
violation of rules and regulations. He is
alleged 10 have approved [wo male and two
female guards using force on Krell to remove a "cup and lOilel paper" from her cell
that they c1l1imed were "contraband," The
two male guards participated in stripping
her naked. leaving her handcuffed on the
floor for days wilh Ihe water 10 the cell cut
off. Palazzolo also is accused 10 have
known about and allowed subordinates to
confiscate legal mail that Krell had attempted to send to her sentencing judge
complaining abollt thc harassment and her
treatment the day before she was found
hanging from the door to her cell dead.
Timothy Jansen. an attorney from Tallahassee who is representing Palazzolo. has
questioned why only prison guards have
been charged wilh wrongdoing when
higher ranking officials at Jefferson CI and
at the FDOC ccntral office knew of Iheir
actions and approved of them.
No disciplinary charges had been filed
in Christine Elmore's death as of April..

Page 6

FPAN'S ANNUAL CAPITAL DEMONSTRATION
FROM LEFT
TO RIGHT:
GAYLE RUSSEL OF FILS
AND TERESA
BURNS OF
FPLP WITH
VISATATlON
DISPLAYS

FROM LEFT
TO RIGHT:
NADINE
ANDERSON
(FLIP), REPRESENTATIVE
JUANITA
WILSON &
ALAN
TROVILLION

]

"'fll l'aj;f Addrus:
hllp:Jlmrmbrrs.lol.comlrplp/fplp.lllml
t>m.ll Addrus: fpllXEaol.com
TdrphDnr: (407) 568·0200

F.P.L.P. VOLUME 5, ISSUE 3 '

Page 7

OVERHEAD
PICTURE
IN THE
CAPITAL
ROTUNDA
OF FPAN
RALLY

..

'"

. . ... ..
~

~

•

FROM LEFT
TO RIGHT:
NADINE
ANDERSON
(FLIP) AND
GLEN
BOSHER
(FILS)

F.P.L.P. VOLUME 5, ISSUE 3

Page 8

NOTABLE CASES
by Sherri Johnson and Brian Morris
First DCA Expressly Rules
Sheley Applies to DOC
Chllllenges
Richard Doss filed a petition for
writ of mandnmus in the circuit court

challenging 1I11 FDOC disciplinary proceeding that resulled in forfeiture of 15
days gllintime. The petition was denied
by the circuit court and Doss lIppcalcd
to the First District Coun of Appeals
(DCA).
The DCA applied Ihe decision in
Sheley v. Flo Parole COll1l1lls.~ion, 720
50.216 (Flo. 1998) which held lhat a
prisoner who receives a full review in a
circuit coun of 1I Parole Commission
order is not entitled 10 II second full
review, or plenary appeaL in the DCA.
The DCA in Doss's case also noted
that Sheley limits re\'icw when proceed~
ing 10 the DCA following a review by
lhe circuit coun to consideration of
whether the circuit court (as opposed to
the agency) denied the prisoner due process of law or departed from the essential requirements of lall . in other
IIOrdS, the DCA is limiled to certiorari
review.
The DCA nOled thai allhoul;h it was
recognizcd that Doss's situation docs
not concern a Parole Commission order
or decision, the reasoning in Sheley applies equally to decisions oflhe Department of Corrections. The DCA then
applied certiorari review standar~s t~
Doss's appeal and found Ihat the CirCUli
court did not deny duc process or
depart from the essential requirements
of law. The DCA denied Doss's
"appeal" (pelition for certiorari, as it
was entitled by the DCA). See: Doss v.
Fla. Deparl/llenl oj COffee/iolls,
So.2d
. 24 FL W 0397 (Fla.
1st DCA 2/10/99).

Rule 33-22,008(2) Docs Not
Preclude Second DR Hearoing

Broderick Hay was wrinen a disciplinary report (DR) aller a urinalysis

F.PLP. VOLUME 5, ISSUE 3

tested positive for opiates. At the DR
hearing Hay presented evidence that one
of the drugs prescribed to him by the
prison doctor, an antibiotic called
"Floxin," contained opiates and therefore
lhe urinalysis test result was a false
positive. Rather than tind Hay "not
l;uilty," the DR tcam simply dismissed
the charge.
Later the prison doctor reportcd that
"Floxin" does not contain opiatcs and a
second DR hearing was held where Hay
was found guilty as charged. Hay exhausted his administrative appeals, unsuc·
cessfully, and then tiled what he lemled
an "omnibus petition for extraordinary
relier' in the cireuit court. Hay claimed in
the petition that Rule 33 ·22.008(2),
F.A.C .. required lhe DR leam to have
found him "not guilty" (mther than simply
dismiss the charge) at the tirst DR hear·
ing. and thm the smile rule precluded a
second hearing frolll bcing held on the
same charge. The circuit court denied the
petition and found lhat the petition was
"frivolous" per section 944.279( I),
F.S., opening the way for !-lay to receive
another DR for tiling frivolous judicial
pleadings.
Hay tiled for review by the appeal
court. The DCA applied certiorari review
standnrds pursuant to Sheley v. Fla. f'{/·
role Comlll., 720 So.2d 216 (Fla. 1998),
and detennined that the circuit cOlin
did not depan from the essential reo
quircments of law. The DOC had inte~.
prcted the rule for the circuit court (as IS
an agency's right ns long liS the interpre.
tation is reasonable) and found that il did
no! preclude a second hearing from being
held and (despite the plain language of
that rule) thlll n DR lIlay be dismissed
rather than a not guilty tinding being re·
lUmcd even when the evidence produced
indicates a not guilty verdict. lltc DCA
deferred to the DOC's interpretation as
had the circuit coun.
On the circuit court's frivolous tind·
ing, however, the DCA REVERSED, af·
ter examining lhe definition of"frivololls"
as it exisls in Flao IllW. The DCA found

that it could not say that Hay's petition was
so devoid of merit as 10 find it frivolous.
While the DCA was reviewing this
case, !-lay tiled a motion for the DCA to
relinquish jurisdiction back to the circuit
coun to allow him to file a motion alleging
newly discovered evidence in the fonn of a
lener from a phannaeeutical company
(apparently disputing the prison doctor's
claim that "Floxin" docs not contain opiates
that was used to tind him guilty at the
second hearing). The BCA refused to
relinquish such jurisdiclion, but did so
without prejudice 10 Hay tiling a new ad·
ministrative appeal with the DOC on that
claim (and staning the whole process
over again if the administrntive appeals
arc denied). See: Hay I'. Moore. DOC,_
So.2d
2'1 FLW 0621 (Fla. 1st DCA
3/5/99).
Failurc to Produce Evidence
lit Disciplinary Hearing
InVlllidatcs Proceedings
Richard Vaughan received a DR for
escape parnphemalia when he was found
with a set of clothes that he had made
himself. Prison officials alleged that the
clothing was fashioned to resemble "street
clothes," but while Vaughan admitted mak·
ing the clothes he claimed thc)' lVere merely
pajamas and at the DR hearing requested
that the clothes be produced for the disci·
plinary team's inspection so they could see
the clothes were nothing but pajamas. The
DR tealll denied he request to produce the
clothes, gave no meaningful juStiticlllion
for that refusal. and based on the
charging officer's descriplion of the clothes.
found Vaughan guilty as charged (llnd imposed disciplinary confinement and loss. of
gaintime it is assumed·sj)
Vaughan tiled a petition for writ of
mandamus in the circuit coun (after unsuccessfully exhausting his administralive
appeals) challenging the disciplinary
team's refusal to produce the clothing
(evidence) without a giving a valid reason
for the refusal. The circuit court denied the
petition and Vaughan tiled a petition for

Page 9

wril of ceniornri in Ihe First DCA
{correctly using Ihe proper procedure
following Sheley v. Fla. Parole Commission, 720 F.2d 216 (Flo. 1998), and
Doss v. Department 0/ Corrections, 24
FLW 0397 (Fla. 'st DCA /999) (see Ihal
case in this issue).
The DCA held that under the foelS of
the case, where Ihe "appearance of the
items of clothing was n critical issue, \\e
conclude that Ihe circuit court failed to
apply the correct law when it rejected
Vaughan's claim ...... Citing Osterback \'.
Smglelcu}', 679 So.2d 43 (Fla. 1st DCA
19%) (failure to produce evidence with·
out gi\'ing vnlid reason), the DCA
QUASHED the cireuil coun's denial of
Vaughan's petition for writ of man·
damus and REMANDED with direc·
tions to grant Ihe pelition and determine
Ihe appropriate relief due 10 Vaughan.
See: Vaughan \', Single/ary, __ So.2d
__, 24 FLW 0508 (FIn. 1st DCA
211599).

filed himself." The DCA ordered Ihat the
clerk of that court is directed "to reject for
filing all petitions for extraordinary relief
sent by or on behalf of Mr. AminlMr.
Bailey unless submiued and signed by II
member in good slanding of The Florida
Bar." The court directed that any papers
filed in violalion of that order \\ill be
placed in an inactive file. See: Ami/vBai·
ley \I .State, __ So.2d __• 24 FL W
0382 (Fla. 2nd DCA 1998).
On 213/99 the Second DCA found
that John Pettway had abuse the judicial
process by filing seventeen appeals or pe.
titions for extraordinary writs all relaled to
the same criminal con\·ictions. The court
determined thaI Peuway's convictions and
senlences had been "exhaustively reo
viewed" by the court and he has received
all the relief due to him. The court's
patience came to an end when Peuway
appealed a denial of a molion to correct
an illegal sentence \\hile a petilion for
\\Tit of habeas corpus directed to the same
sentence was pending in the DCA alleging
the same grounds as in Ihe in Ihe appeal
Sanctions Coming Fast
of the circuit court motion denial. Again,
and Furious
the DCA directed Ihe clerk of the court to
Florida DCAs are now quicker to reject any future extraordinary relief
filings of Pettway relating to his current
bar individual prisoners from access to the
conviction
and sentence. unless submiued
couns by lhe use ofsnnctions in bOlh civil
by an anomer in good standing
and
signed
and criminal actions as severnl "frequent
with the Florida Bar. Sec: Pe/May v.
filers" have recently found out. The
State, __ So.2d __' 24 FLW 0383
couns arc exhibiting a growing intoler(Fla. 2nd DCA 1999).
ance towards prisoners who proceed pro·
In another case the First DCA held
.se nnd who instelld of following an or·
that
a
prisoner may not avoid a finding
derly progression \\hen each step oflitignthat II frivolous action had been filed by
lion is exhllusted arc rc-fiIing in the same
stnte courts the same issues by using a filing a nOlice of voluntary disJ!lissal.
different type pleading or rewording the Roben Van Meter filed an appeal raising
issues a different way or by simply filing several issues of which the DCA only
considered one: Whether the triol coun
successive plendings. In apparent overrehad jurisdiction to ll111ke a (frivolous
action, the DCAs [Ire in cases totally
legal action) finding pursuant to section
barring such prisoners from filing any944.279. F.S., that a frivolous aClion had
thing else related to the same case or from
been brought when the prisoner had filed a
filing anything else period.
of voluntary dismissal before the
notice
On 12118 /98 the Second DCA found
trail
court
made such determination. The
thai John Amin aIkIa John Bailey had
DCA
held
that the trial court relains
abused the judicial process by filing numerous appeals in that court in addition 10 jurisdiction to make a dctennination purStinnt to 57.105, F.S.. concerning the reaat least twelve petilions for eXlraordinary
sonableness of litigation even after a filwrits since 1992. none of \\hich had been
successful. The last stra\\ came when ing ofa notice ofvoluntllry dismissal. The
AminlBaile)' filed a petilion for writ of DCA held that the trial court could properly enter an order authorizing sanctions
mandamus in the DCA claiming Ihal the
pursuant to
sections
944.279 and
coun did not have jurisdiction 10 deler·
9-14.28{2Xa),
F.S.,
as
the requisite
mine an appeal Ihat AminlBailey ~had
jurisdiction is retained. See: Van t,-feter \'.

F.P.L.P. VOLUME 5, ISSUE 3

StalC,
So.2d
24 FLW 0502
(Fla. Ist DCA 1999).
Not to be left out, on 2n4/99 the
Third DCA issued IwO decisions containing sanctions against prisoners. In Ihe first
case Kasim Ali was found to have abused
the judicial process by filing several successive motions for post conviction relief
and pelitions for writs ofhal?eas corpus in
the DCA, the Florida Supreme Court and
Ihe federnl courts all lIuempting to relitigate the same issues and all of which had
been denied. The DCA's decision was to
prohibit Ali from filing any further prOosc
plendings, motions, or petitions relating to
his 1983 conviction. The DCA also
ordered that any further pleadings relaled
to Ali's case must be reviewed and signed
by an altorney. and cautioned Ali thaI a
prisoner who files any frivolous action or
pleading is subject to gain time forfeiture
pursuant 10 Florida statute and denied
Ali's latest habeas petition. See: Ali \'
SlOte.
So.2d
",24 FLW 051-1
(Fla. 3rd DCA 1999).
In Ihe second case OUt of the Third
DCA. Jack Phillips was found, the best
thai the DCA could detennine, to have
filed eighteen post conviction motions.
appenls. petilions for habeas corpus, motion for rehearing or clarification, in the
DCA, the Florida Supreme Court or the
fedeml courts concerning his 1973 conviction and life sentence, all of which had
been denied. In this case the court's palienee ran OUI when Phillips filed II new
petition for writ ofhnbeas corpus alleging
ineffeclive assistance of appellate counsel
concerning the same conviction. The
DCA held that Phillips had abused Ihe
judicial process and ordered that he is
prohibited from filing any further pro-se
plelldings concerning the 1973 conviction,
and that anything else that might be filed
conceming that case must be reviewed
and signed by an allomey. The court also
cautioned Phillips about the sanctions for
frivolous pleadings as a future warning.
while denying the habeas petition. See:
Phillips v. Sitlgletary. _ So.2d _ . 24
FLW 0516 (Fla. 3rd DCA 1999).
(Note: In the past year or so we have seen
an increasing number of sanclions being
issued against prisoners so il is nOlhing
new to see the above cases. What is new
in the above cases is the number of instances where prisoners are being barred

Page 10

from future liIings in certain sitUlllions
unless the pleadings are 'submitted and
signed" or "reviewed and signed" by an
attorney. In the case of indigent prisoners
this amounts to a total bar without exception. Where the coun orders that future
indigent pro-se filings be placed in inacive files or rejected (unless submilled and
signed by an Ilttomey, which the indigcl1\
prisoner cannot afford), without any considerotion being given to what may be new
circumstances that have merit, then it
would appear in my opinion thllt such
would be an unconstitutional deniol of
access to the court that could not withstand even cursory scrutiny. -sj]

No Contest Plea Followed
by Withhold of Adjudication
is Not a Conviction
James W. Batchelor sOllght postconviction relief alleging ineffective assistance of counsel. Batchelor claimed that
his attorney failed to object to errors in
Ihe scoring of prior record on the.
sentencing guidelines scoresheet even
though he had told his aHomey about the
errors. One of Batchelor's sworn claims
was that "7.2 points had been scored for a
prior robbery with a firearm as to which
he had pleaded no contest, adjudication
had been withheld, and he had successfully completed his probation." Batchelor
claimed that, but for the erroneous inclusion of these points, the maximum permitted guidelines sentence, which he did receive, would have othenvise been reduced, In summarily denying Rule 3.850
relief in this case, among other things, the
trial court erroneously concluded that "the
robbery with a fireann had been properly scored, notwithstanding the allegation that adjudication had been withheld,
because, for guidelines purposes, Florid"
Rules of Criminal Procedure 3.02(d)(2)
defines 'conviction' as 'a determination
of guilt resulting from a plea or trial,
regardless of whether adjudication was
withheld or whether imposition of sentence was suspended.'" Batchelor appealed.
On appeal. the First DCA's analysis
found that, notwithstanding the definition of "conviction' I implied by Rule
3.702(d)(2), "a no-contest plea followed
by a withhold of adjudication is not a

F.P.L.P. VOLUME 5,ISSUE 3

'conviction.'" Significamly, the First DCA
found Batchelor's allegation that "he
pleaded no contest \0 the robbery with a
firearnl charge, that adjudication was withheld, and that he successfully completed
his probation" set forth a sufficient claim
that error had been made in the scoring of
his prior record. Specifically, the DCA
noted that "it seems
[Batchelor1 has
established
the robbery with a firearm
should not have been scored ..., and that
trial coullsel was ineffective in failing to
object to its being scored." Ultimately, the
DCA reversed the trial coun's summary
denial of the scoresheet claim and remanded for further proceedings. Sec:
Batchelor v. Stale,
So.2d, 24 FL W
0304 (Fla. 1st DCA, 1-22-99).
lComment: This case just mny show the
milch needed prime exumple of the simplicity of \'nlunble issues often overlooked in ones quest for justice, The fnet
that a no-contest plea followed by withhold of ndjudiclltion is not a eon\'ietion
is nothing new, Sec .£:..i:.:..I U.S. 1'. Smitll.
856 F,Supp 665 (S.D.Fla. 1994) (in
Floridn. when adjudiclltion is withheld,
plea of ~uilty, as opposed to plea of
no-contest, is necessary for "eon\'iction"
10 exist.), What I find especially interesting is that. as expressed by the First
DCA, the definition of "con\'ietion" set
under
Rule
3.702(d)(2),
out
Fla,RCrim,P,. is nothing more than a
simple effort to codify elise law decisions
recognizing lhnt '''the term conviction
means determination of guilt by \'erdict
of the jury or by plea of guilty, and does
not require adjudiclltion by the court,'"
Il:uehelnr, at D305; guoting State I'.
GfI~tl(J, 257 So,2d 242, 243-44 (Fla,1971),
Correction, whllt 1 find especially interesting is the fael that, like Rule
3,702(d)(2), both Rule 3.701(d)(2) llnd
3.703(d)(6), Fla.R.Crim.P., provide the
same
definition
of
the
word
"Coll\'iction." I am Willing to bel lhal
Batchelor is not the only indi,'idual affected by II similarly strict, but erroneous, interpretation of Ihe sentencing
guidelines rules definition of the word
"conviction," Allhough not emphasized
enough, I belie\'e the decision entered in
lIatchelor reneclS the oftcn nceded reminder
fflr criminat tiligants to avoid the dnaded
"tunnel vision" when searching for those
issuts thnt may warrant judicial relief. As ill
life, it's lhe simliit things in taw lhal ofIe II
got.J unnoticed-bm.'

Construing Prisoner Releasee
Reoffender Aet Most
Favorably to the Accused
In an interesting case involving tlle
Prisoner Releasee Reoffender Act of
1997, the Defendant, Fmnk Wise, appeared before Ihe trial coun for sentencing
with a letter from the victim that indicated
the victim desired Ihe trial court not to
impose the mandlllory releasee reoffender
sentence. The victim subsequently appeared in court to confirm the authenlicity
of the letter. Thereafter. the trial court,
heeding the victim's request, elected to
sentence Wise pursuant to the sentencing
guidelines and the state appealed.
On appeal, the state argued that the
trill I court had no discretion when it comes
to sentencing under the Prison Releasee
ReofTender Act, that such sentencing is
mandatory unless the st.llle chooses otherwise, and that the trial courts failure to
impose the mandatory sentence pursuant
to the act resulted in an illegal sentence.
Seriously, the state actually argued that
any discretion whether to sentence under
the act rest solely witll the state, not the
couns. Fonunately, lhc Fourth DCA disa3reed.
Although, upon conviction, the state
may indeed seek what it believes to be an
appropriate penalty or sentence, the DCA
held that "{ilt is the function of the trial
court to detemline the penalty or sentence
to be imposed. [Cite omitledl. The DCA
found that, in this instance, the trial court
did not abuse its discretion by lIccepling
the victim's wrillen request that the
mandatory sentence not be imposed.
Significantly, the DCA also noled that
section 775.082(8), Florida Statutes
(1997), "is not a model of clarity and may
be susceptible to differing constructions
requiring it to be constnled most favorably to the accused. See: State v. Wise,
_ So.2d _ ' 24 FL W 0657 (Fla. 4th
DCA, March 10. 1999).

Page 11

HOOKS CASE UPDATE
FYI: As of April there has been no
further action in the Hooks \' SingletaT)'
~lIccess 10 court" class action case since
the magistrate judge issued his repon llnd
recommendation back in September of
\998.
Following Ihat repon and recommen·
dll1ion (that \\Ins reported on in VolA,
155.6. FPLP). both counsel for Floridn
prisoners llnd for the FDDe filed a response to the report. \\Iilh counsel for the
plaintiff prisoners objecting to milch of
the report. The district judge still has the
case under consideration with no indica-

tion or .... hen a final ruling may be issued
This is the case thaI has been going on
for mer 27 years and Ihnl is directly
responsible for Florida prisoners having

access

10

law libraries and legal assis-

lance through law clerks. Following the
U.S. Supreme Coun case of I.ewis \'
Casey. the DOC is now trying to have the
'·Iooks case dismissed. An unfnvorablc
ruling in HookJ for Florida prisoners may
seriously affect fUiure access to the
couns.•

CM CHALLENGE
An aClion challenging the conditions
of Close Managemenl confinement has
been filed in Ihe U.S. District Coun.
Southern District of Floridn. Ihal is being
represented by Mr. Peter Siegel. Esq..
of the Florida Justice Institute.
The prirnnry basis of Ihe case is the
claim that long ternl close maElagement
confinement (in the manner imposed by
the Florida Depanmcni of Correclions)
causes a serious deterioration in the mental. and perhaps physical, health of those
prisoners subjected to same.
The case "ill ani) deal \\ith Close
Management conditions. It will not deal.
in any way, with those who should be
placed on Close Management. \\ho
should be released from Close Management. or the lack of ability to cam gain
time.
The only relief sought is declarotory
nnd injunctive relief seeking the al1evil\·
tion of Ihe harsh conditions of Close
Mrll1agement confinement. The case will
seek relief to refonn the Close Manage-

F.P.L.P. VOLUME 5, ISSUE 3

menl syslem so that p~soners in that status will ha\e an opponunity to interaci
with olhers, ha..e an opportunity 10 listen
to the radio and walch television, have an
opportunity for more OUI--of-cel1 exercise.
and otherwise have nn opponunity 10 live
a more nonnal life despite the need for
increased security.
All prisoners on Close Management
slatus are potential plaintiffs in this case,
especially if they have suffered neglltive
mental or physical efTects from the confinement that have been or can be doeu·
mented. All prisoners on Close Management stalus who wish to participate in Ihis
case as a plaintiff should conlact Mr
Siegel for more infonnalion If enough
prisoners join in this action class certificalion will be sough!. Law clerks and
those prisoners on Close Management
\\ho read Ihis are requested 10 spread
notice of Ihis pending action and how 10
receive more infonnalion to olher prisoners on Close Management. To join the
action or oblliin more infonnalion, contact:

Mr. Peler AI Siegel. At/Oriley
Florida Justice Institute
First Union Financial Cell/er. SII!. 2870
100 South BucQ}'ne Bouh!l:ard
Miami, FL 31131-1310
I'olt: \luloi Olltrbacli Is ont of Iht orill:iul
ptalnllffs In thb e'Ue' Ihll"U filtil "hilt he' "IS
on ('\I II .:Hr"jllade'J Ct. 'tlrL is thanLtd for
hrin~inl1. Ihis tne' to Iht 11ltnllon of
stiff
In tnough IImt Ih'I tHr) ont tould bt nOllttd
,bout il Ind pro'Idtd In opportunily ID dtcldt
"htlller 10 Juln In 1hls "rr)' imtlOrl~1l1 .rfhlll .tdl

"-Pl.r

CLEMENCY GRANTED
SIX WOMEN
Since 1992 I"cnty-three baltered
"omen have been granted clemency un·
der a program, the Ballered Women's
Clemency Projecl, that had been staned
by Ihe Florida Bar Foundation. During
December, 1998, sil' women were
granled clemenc)' by interim governor
Buddy MacKay just before Jeb Bush was
sworn in as Florida's new governor. That
was the largest number of women who
were in prison thaI had been granted
clemency at one lime. All of the \\omen
hlld maintained Ihal tllat Ihey hod only
killed after prolonged abuse by men.

The release of Ihe six, Deborah Han,
44, Theresa Fields. ]4, Tammy Ann
Duque. Kathleen Weiand, ] I. Michelle
Lewis, 27, and Cheri McKee. ]7, were
the last women to be granted clemency
under the Batlered Women's Clemency
Project before it ran out of funding and
closed its doors on December] I, 1998.
All of the six women Ihal were
granted clemency during December witl
have to go through residential trentment
centers before they are completely
released. TIlere Ihey will be monitored
and counseled for up to 12 months before
Ihey return completely 10 the community.
T\\o other cases concerning banered
female prisoners, Linda Michael, 43, and
Sandra Patria, 42. were still pending
clemency consideration that will depend
on the Bush administration.•

FUELING THE PRISON
INDUSTRIAL COMPLEX
WITH THE ELDERLY
A recent report released by the Federal Bureau of Prisons (BOP) shows that
97 percent of prisoners over the age of 55
in 1997 were in prison for non-yiolent
crimes. Today, more than 35,000 senior
citizens are behind ban; nationwide. According to the BOP report, in the pasl
decade the number of elderly men and
women being sent to prison increased
almost 400 percent. Additionally, "hile
45 percent of prisoners 18 to 29 years old
return to prison within one year of re·
lease, only 3.2 percent of prisoners over
the age 55 rcturn to prison again,
making the lowest risk group for
release consideration.
In Florida, incarcerating elderly prisoners costs Irtxpayers twice and eYen
Ihree times whal it costs to incarcerate
younger, usually more Yiolent-prone prisoners. Elderly prisoners haYe significantly more medical problems and special
needs than ),ounger prisoners. Florida
has Iwice Ihe amount of prisoners over
the age of 50 of any other soulhern state,
in fact, Florida hos more prisoncrs over
the age of 50 than Texas. Georgia and
Kentucky combined. Yet. Texas nlone hilS
more than twice lhe overall prison population of Florida. (For further infonnation
on Ihis topic see FPLP. VolA, Iss.6,
"Taxpa.yers' Burden Increased by Older

Page 12

Dear FPLP,
This brief notation is for sound off. I hope )'OU can Jist this in your upcoming issue. I Ihank FPLP for reaching out to the
incarcerated and our families and public awareness of prisoners. I'm currently on CM status. I was housed at Hardee CI CM unil
then moved 10 Washington CI CM unillhen onto Soulh Bay at present Washinglon CI CM unil is as bad as it gelS. Inmales as the)
call us are trealed subhuman, since being moved to SOUlh Bay its like day and nighL II's going to stake sometime 10 get use to Sou~
Bay Ihey treat us as humans Ihis is a selfbeucrnlenl facility so many programs and trades and they don't call us inmates here the)
Ireat us wilh resPecl. All [see here is helpful people even Ihe food is 100% beller, the cells have NC and 3 times bigger. We usc
phones on CM and we arc out of our cells 10-12 hours per day, even a disciplinary problem such as myself is all for chilling out. I
say Ihumbs up 10 Wackenhul. JRW SB CI
Dear FPLP,
I alll writing you this lener to thank 1111 of yo II for your hard work and persistence in your care for those who arc incarcerated
and also for Iheir families. Your work is Y£a imponant in seeing IhlltjuSlicc is equally given. I receive your issue here (1\ Soulh
Bay CI in Fl. I thank God for yOIl guys. He has placed you in the posilion Ihnt you lire for a reason. r would like 10 know if you have
been "pushing" DOC and Ihe Privale Institutions, in making sure that Iheir computers are y2k compatible, so not 10 cause any
delays in releases or lost dates. TS SBCI

as

Dear FPLP, could you help us, the rare minority of pre 1983 lifers in the sySlem who will one day be eligible for parole, gellhe
word Olll that we need someone to lake up Ihe lighl where P.E.N. left off. We either need the P.E.N. program re-aclivated and/or a
new progrnm to take up where P.E.N. left off. P.E.N. was gaining ground \\hen it folded and with a new Governor in Tallahassee.
we need 10 sec if there is a chance that we could gel rid of Ihe Parole Syslem, \\ ho by Ihe way don'l want 10 release i!!!Y of ~
because we are their job security. Allihe pre 1983 guys )(nov, the story- date suspended wilhout reason. Please help us get the word
out. We need a public suppan group 10 give us back our voice in Tallahassee. Thank you for your time and keep up the greal
infonnative job you are doing. BN BCI
To Whom it May Concern,
I am a reader of your very informalive newsletter. However this system we're under (FDOC) is doing its besr 10 slop Ihe flow
of MFlorida Prison Legal Perspectives" coming into lhose of us incarcermed.
The reasons I'm \\Tiling is 10 pledge my moral and prayer support of your efforts to continue to be a voice 10 Ihose of us. I
wish I could do more.
I am prescntly in thc middlc of litigation with FDDe, concerning issues of forfeiting Control Relellse Credits, out time among
other issues. Right now my case is pcnding in the Middle District U.S. Dislrict Court. Cooper
v. Singlctllry, case II 98·35- CIV·T 25A. The law clerks here arc not experienced in Federal law and I am seeking counsel,
assistance or referrals Ihat will help in my case.
Also is there any updated information on Gomez v. Singletary? Inclosing we here in blue thank yOll for yOllr concern and fight
for justice. And Ihanks for showing we lire not alone! Ycs togelhcr we will be hellrd! DC

Dear FPLP.
I truly enjoy your anicles Bnd have lried to keep them going now for aboulthree years. They gel bener every year. I will be
joining the ranks as soon as I am free.
I look forward 10 my new issues a.nd wish )'OU all a wonderful) ear ahead in helping us fight Ihe wrong doings of DOC and the
law.
I'm one to admil if I'm wrong loday, and some of arc having groups now wilh our younger generation in prison to help Ihem
.!!Q! come back.. BL JCI
Dear FPLP,
The DOC d~ not police itself, it is up 10 prisoners and advocates to make il lOW Ihe line. A good example of an
out-of-control abuse is DOC's manipulation of our canteen, visiting park vending machines, and access catalogue prices being
sL.'Y-high and prisoners having no control of the Inmate Welfare Trust Fund. We all can do somelhing if the law is enforced. Firsl,
{AI/ ttllt~ rtUMd nvmD/ bt prJ,l/td MCOII$/!' DJSptJU nStrlelloru Unstgrvd Itlltrs ""If nat IN prlllltd Or ttl/US lhal ob"tOlUfyure 1l00lllttntkdJrN publICO_
tiM. PltOU IIllitcott 1Il1'OlIr ttl/US r \'011 do nOt wont" rlnltd. Olht,..·/Sf' FPLP nstr'lV-S tht rl ht fa ;m oUltlfUS ncr/l"ftd and 10 tdlt Itt/us rN 1m Ih.

you have upon request access to the annual budget reports (past and present) for expenditures at your institution from the Inmate
Welfare Trust Fund and minutes from the designated IWTF committee. Ch. 33-3.0035(8). This committee determines canteen
prices (Ch. 33-3.0035(8» which must be priced comparatively with like items for retil sale at fair market price. See F.S.
945.2/ 5(/)(e), (/998).
At E.C.I. this was violated by boxes of Little Debbie snack cakes with a suggested retail price listed on the box being marked
up for resale at 30 cents or more. When good faith attempts to resolve this violation fail, a complaint accompanied with supporting
documentation should be made with the Department of Business· and Professional Regulation. A uniform complaint form
DBPRIREG OOl(Rev,07/93) should be acquired (on file at your law library) by writing BPR Consumer Complaints, Northwood
Center, 1940 N. Monroe St. Tall. FI. 32399-0782. This statute could arguably apply to visiting park vending machine and access>
catalog sky-high prices"
The IWTF benefits prisoners with growing limitations every year. Ch. 33-3.0035(3)(b)& F.S. 945.2/5(I)(b) list the exclusive
purposes the IWTF benefits prisoners, See ~Iso Ch. 33-3.0035(9). Prisons are notorious for skimming IWTF funds by listing' ,
free-world maintenance personnel as vocational instructors even though they do not meet the Department of Education standards -.
required by Ch. 33-3.0035 (3)(b)(5&6) or taking structures amtmaterials purchased with IWTF.
., "
At E.C.I. the Asst Superintendent and his supporting staff maintain offices in the Library/Education building while a
lieutenant and caustic distribution center and storage occupy one of the prisoner barbershops in the Canteenlbarbershop building
all purchased and constructed with IWTF monies. See Ch. 33-3.0035(9)(a,c&d). "Monies from the Inmate Welfare Trust Fund will.
not be disbursed to employee clubs or for employee benefits", Ch. 33-3.0035(4), the funds must be discoursed exclusively to
benefit prisoners, Ch.33-3.0035(1)(b); F.S. 945.215(1)(b), and it is each of our responsibility to maintain a harmonious balance in ,
upholding in DOC the same standards which are imposed on ourselves. The rules and laws govern all of our conduct especially
where the lWTF is concerned. WSS
ECI
Ma'am/ Sir,
Greetings and may your walk through life meet many pleasantries. After I had the fortune to come across your momentous,
publication, I am moved to offer you some expressions.
" .,
First I would like to thank you and your organization for all that it has done, will do, and does in the important work toward .
prison reform and public awareness. Unfortunately, I have not yet been able to muster the subscription price but I will!
I had the opportunity to read the article you published in regards to the unfortunate human being pushed past her tolerance for
indignation at Jefferson CI. The insight as to the human suffering ofthat lady was exceedingly lucid. Being inside the walls, I know,
how she felt exactly, if not more so, as the author described. The public had to moved by such a portrayal.
I am actively pondering prison reform. One area from the myriad in need of improvement within the penal context is that staff .
persons need discipline in their performance of official duties. Many statT persons cone to this forum and live out their racist
fantasies, primal instincts to cause human sutTering, and to manifest their lack of understanding of true selfrespect.
Subsequently, I've endeavored to attain the knowledge to present the factual allegations to the judiciary, to compel the
dispensing ofappropriate disCiplinary actions to statTthat posture beyond and irrespective of the Administrative Law. Predictably,
I am enemy # I. Wherefore, I am and have been the subject of the frame up. Presently at this camp (Century CI) "Based on.officers .
. statement is the normal, modus orerandi." One particularly malfeasant Capt. Avows, "I need my a.. whipped by some officers."
'
However, suffering comes with any struggle; Anyway I have been contacting different church's, being that this is a direct
access to many poor people, and seeking to have them understand your purpose and goals. Hopefully this will produce sor:ne,
donations and additional forces.
.
Is it an accident that people misapprehend an aspect of the convicts mind? The social maladjustment of the criminal evinced
by his inability to function productivity in as such. The true way to punish is to refonn the values within the person. Once you
improve this area of the person being then that individual can {'feel" shame, remorse, sorrow. Otherwise a person that doesn't valu~
what he does, does not value what is done to him. Corrections should be for the psychological approach rather than the physical.
But that would be toward actually reducing recidivism but recidivism is the DOC's best customer.
Anyhow, keep up the comprehensive work. I am you partner for change. I strive to walk in the spirit oftruth and I encourage
any I contact. LH
"

F.P.L.P. VOLUME 5, ISSUE 3

Page 15

SL8STANCE ABUSE 1llEATUENT AVNLN!AE 10 R.ORDA PRISOI\ERS
Substance abuse prosnms are ..... il.ble to Florida ~ at -4() major institutions and 27 community correctional centeno
'The pro(Jr'a1'M' ob;jectives are to identify .substance abu&en, determine !he severity of their drug problem and readincSlI f(Jr"
treatment.. and place them in the moat appropriate program. Tho5e objectives are accomplished through testing and

intermwins II reception centen!o Pri.wnen dctem1ined 10 be in need of treatment are then either sent to an institution where a
trutment program is available ell' placed en • waiting list. Tier Il.s • 4O-hour psychological-educational JrOFUTI specifically
designed to ~u the needs of prisonen who have neva received druB treatment. Tier U is • 6-month intensive outpatient
therapeutic procram baaed upon a group treatment ayatern. Tier m is • 9-mooth reaidential intensive srouP therapeutic
p1)p'UtI. Tier IV is • 12·month full·service residential group therapeutic program and is the ffi0'5t restrictive and controlled of
aU the Tier proarams. Boch Tier 0 and IV hue altenwivc Tier ~arama set up al four in5titutians designed for pisoners
who abject to IUbstance abuse programs containing. religioua component as me regular Tier programs do. Tier V. is • fourmcmth coun.scling ~m fer pri.scnen al major in.stitutim.s and community com:ctiooal centers. Dual Diagnosis is • longterm treatment program for pri.sonen who have both substance atNse and mental disorder problems.

.

SUBSTANCE ABUSE PROGRAMS· OPENINGS AVAILABLE BY FACILITY
LOCAT1ONS
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Page 16

VOCAnONAL P R ~ AVAILABLE TO FLORIDA PRlSONERS
'The Florida Department of CorTectioru has over 160 vocational programs thai an: available to prUonc:fS and lb.t are spread
lhrnugbout the prison system. While some of these prngn.ms are not operated very efficiently. odlen are well put together
and provide valuable job sIcills thai can greatly LUisI prisoners beinS releued to make a successful recnlry back into
society, if !he prosrams ace taken advantage of. One of the nOlable problems wilh the FDOC's vocational r--ogram is the
sparcity of programs available to female pri.$onCTS. Out of a toeal of 163 vocational programs. only 12 are located at female
institutioD.s and providing only approlrimatcly 180 training position openings at one time from the female prison population
of 3.500. On • more positive nOle, during the 1997-98 fucal year the deparunent added 13 new vocational programs and
provided over 7.200 prisoners with an opponunity to obtain !t)ch training. During that same period 2.551 voc.donl!
certificates of c:omplclion were issued by the department to prisoners.

_ . _.

Vocational Educatlon Programs by Institution on June 30,1998
Facllltyl • Programs
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F.P.L.P. VOLUME 5, ISSUE 3

Page 17

Prisoners. ~~dJ.

GOMEZ
For everyone who has been "Tiling or calling wanting information on the Gomez
case, here is a bit of infonnation y,c received recently from Florida Institutional
Legal Services. They na\'e promised 10
keep us informed on Ihis case and we
promise [0 pass along any information we
receive concerning it.
The decision in Gomez et at is not final
yet. Both sides have moved for rehenring.
Under lhe appellate eoun rules, the motions
for rehearing prevent the decision from becoming finnl untillhe motions nrc resolved.
Ilecause lhe decisions arc nOI final, there
has been no relief granted under the De·
cember 24 opinion. It is impossible 10
predict how long the coun will lake on the
motions for rehearing or whill the final
outcome in the Florida Supreme Coun will
be. In addition. the DOC has asked the
coun for a stay pending their petilion for a
wril of ceniorari in Ihe U.S. Supreme
Coun. assuming lhey want to file one after
the final dedsion by lhe Florida coun. For
these reasons, it is 100 early to lell \\halthe
recise impact of the final decision will be
on any person or category of people. _

OUTSIDE THE WALLS
by Teresa Bums, Publisher. FPLP
Your subscriptions have allo\\ ed us to oITer
column space to the Florida Prison At'/ivisl
Ne/ll'ork (FPAN). 10 keep renders informed
about family, prison. and criminnl justice
issues in Florida, olher states, nnd other
cOUlllries. FPAN is a coalition of groups
nClive in prison issues in Floridn. nnd
FPLP is a founding member and cornerstone of the FPAN movement. Activist
organizations and evenrs will be spotlighled
from lime to time, so that our readers will
be aWllre of imponant issues being addressed b) olhu groups thnt should be supponed in their eITons on behalf of prisoners
and their families. The FPAN column
"Outside the Walls" will be wrinen by
FPANs statt coordinalor, Gayle Russell.
\\ho provided FPLP with some of the
research and information used in this nrticle. She will begin her column in the next
issue of FPLP.

F.P.L.P. VOLUME 5, ISSUE 3

FPANs 2nd ANNUAL CAPITOL
DEMO STRATION PROJECT on
March II th at the Capi[ol Rotunda in
Tallahassee showed us all that our effons to educate and infonn legislators
regarding prison and family issues were
successful. Special acknowledgment
and thanks go 10 Mrs. Nadine Anderson, Executive Direclor and founder of
Families Milh LO~'ed Dilts In Prison
(FLIP). \\ho spent countless hours and
drove hundreds of miles speaking for
prisoners and their families. Mrs. Anderson and other FPANIFLIP members
never wavered in their COtllmillnent to
prisoner and fnmily issues, spending
their own lime-often losing a day's
salnry-- and [heir own money 10 appear
in Tnllnhnssee nnd olher plnces in suppon of our positive fnmily/prison
agenda. In recognition of their legislative effons on behalf of prisoners/families, FPANIFLIP held a brief awards
ceremony for Represtntatives Allen
Trovillion. James Bush (his wife accepled for him because he "'35 in a
legislative hearing), and Juanita Wilson.
Representati"es Tro....iIIion and Bush
share the chair and co-chair of Ihe
House Corrections Comminee which
commissioned the study on family visitation policies and procc:dures. and introduced legislation regarding improved
visitation fucilities and procedures.
Representative Wilson in[roduced legislation regarding female prisoners bdng
housed in a location dos!!r to their families and children. Olher bills introduced
this year include: "Protection Againsl
Sexual Violence in Florida Jails and
Prisons Act.~ due to the extraordinary
efforts ofCassnndra Collins, Founder of
FAIRlSIRA. and part of the FlJAN
coalition; and Voting Rights for ExFelons.
Clearly, a focused and organized
group of voters CAN successfully work
for positive chnnges to the prison syslem. We remain disappointed by the
lack of panicipation and suppon from
family members and friends. Think
about it: The Florida Department of
Corrections has over 67,000 prisoners
in the syslem. Ifeach prisoner's family
member or friend wrOle lellers and
voted accordingly."e could do so much
more. If each of those pc:rsons donated

just S1.00 to the coalition, there would be
enough money available to hire buses to
transport fnmilies from all over lhe state to
Tallahassee each year and to suppon the
pmjeclS and pay some of the expenses of
Ihe organizalion's activisl speakers and
project leaders. It is a crushing burden on
them to have to visit their own loved ones.
won.: 10 suppon their families, and fund
Iheir
activism-ON
EVER YONE'S
BEHALF-- oul of their own pocketspockets "hich are already being emptied
by taking unpaid time offfrom their jobs.
FPLP and FLIP both operate at n lossthese arc not money-making orgnniz.1'
tions. Subscriptions and dues barely
cover the cost of production and mailing
FPLP, while FLIP dues do nOl even cover
lhe cosl of the producing and mailing lhe
FLIP newsletter. Rest"assured lhat bOlh
publications are labors of IO\'e and com·
mitment that are distributed to folks for
the express purpose of educating us all.
Because of computer problems on thc
legishllurc's web site. FPLP is unable to
update you on the stalUS of proposed bills.
We are able to provide some infonnation
on some changes to laws regarding capital
sentencts. This summary was down·
loaded from the internet, and its accuracy
should not be relied upon-instead. check
with the Florida 1999 Session Laws, and,
later, the Florida Statutes.
S8 0898 -- POSTCONVICTION/CAPITAL CASES
Repeals Rule 3.852 of the Floridn Rules
of Criminal Procedure, thereby abolishing
the public records discovery rules rclaling
to poslconviclion proceedings established
by lhe Florida Supreme Coun in October
1996. The effective date of this bill is
October I. 1998.
CS/SIl 1328 -- CAPITAL COLLATERAL PROCEEDINGS
-Provides for the representation of cenain
death-sentenced defendants by attorneys
in private practice instead of stateemployed allomeys with the Capital Collateral Regional Counsel (CCRC).
-Would pennit lhe CeRC to continue to
rtprtsent currem clients; however. allorneys in private practice would be appoimed [0 represent dealh·sentenced defendnms who were previously represented
by private counsel and who are not represented atlhe lime this bill becomes law,
-Requires the Justice Administration

Page 18

Commission (JAC) to maintain a registry of
allorneys who are statutorily qualified to
represent defendants in posteonviction cap·
ital collateral proceedings.
-Provides lhal the Attorney Gencral would
nOlify the JAC when ninety.one (91) days
have elapsed since lhe Florida Suprcme
Court issued a mrmdale on a direct appeal.
or when the U.S. Supreme Coun has denied
a pelition for certiorari. or when a person
under a dealh sentence \\'ho was previously
represented by private counsel is currently
unrepresented in a postconviction capital
collateral proceeding. Upon nOlification by
lhe Allomey General. the JAC would immediately notify the Irial coun that imposed
the death sentence and the judge would Ihen
appoim privale counsel from the regiSirY.
·PrO\'ides a schedule of fees for the pay·
ment of private counsel and investigators.
The effecli\'e dale of this bill is July J.
1998.
Cayenne Bird of the California
U.N.I.O.N. project-\\hich is similar 10 our
Florida coalition in its mission and policieshas kindly agreed to share with us a transcript of her recent interview u ilh a legisla·
tor in SacramenlO. California. regarding
their prison activism. Because \\e couldn'l
say it any beuer. \\C arc publishing it here.
uneditcd. While reading il. lake it to hean
because so much of whal was said applies
10 the coalition in Florida.
t.'!ISSION STATEMENT OF THE
U.N.I.O.N.

We arc a stmewide communicalion nctwork
dedicalcd 10 reforming lhe criminal justicc
system in California. We believe thaI the
prison industry is absorbing tax dollars
\\hich would be beller spenl on education.
heallh care, job and other social programs.
We are opposed to the incarceration of
addicts and the incarceration for life of
nonviolent offenders as required by the
Three Sirikes and Mandatory Minimum
laws.
We abhor the brutalily practiced in Cali·
fornia prisons.
We prefer 10 auack crime through economy for e\'el')·one. prevention Ihrough edu·
cation. free after school aClivities, adull
supervision of youth. support of teen·age
mothers. rehabilitation of incarcerated
criminals. medical care for the menially ill.
restorative justice and olher programs
clearly proven to be more of a solution to
crime than prisons. We belie\e this can be

F.P.L.P. VOLUME 5, ISSUE 3

done lhrough the political processes established in our democracy: by the
power of Ihe vote. by lener·writing and
by demonstrating.
EXCERPTS OF A CONSULTATION THAT A LEADING [Califomia]
SENATOR AND UIS CHIEF OF
STAFF had with B. ~ayenne Bird. Director of the UNION. well known author and highly awarded public relations
consullant. II reflects her infinite wis·
dom and their lack of understanding
about where the prison reform movement has gone wrong and why we keep
losing issues. They thanked her profusely and said thai now they underSland \\hereas in Ihe past. they ne\er
could figure il OUI. She explained thaI
the UNION has tried to focus on solutions. whereas most people just wanl to
sil around and harp on the problems
\\ hich are apparent 10 most evel)'one,
Legislator. Cayenne. \\hy are there so
many lillie groups concerning police
and prisoner issues and nOl one of them
can organize a decent-sized demonstra·
tion?
Bird: If you examine these tiny organizations you will find that most of them
are run by people who do nOl IlRVC a
family member or loved one who has
the problem of the stated purpose of the
group. There arc hidden agendas and
about five different political panies run·
ning these groups.
Legislators: Oul of all the prisoner!
policcJdeath penulty groups in Clllifor·
nia. how many are Democrats?
Bird: Only three lhal I ellli idenlify.
The rest are Communisl, Socialist.
Green. Libertarian and others. The rca·
son lhey always fhil al refornl is their
inabilily to gel everyone inlo II voting
lobby COMPATIBLE wilh the voters.
They miss the point Ihat when people
say ~we need to unite" that means
UNITE WITI·I THEIR VOTES AND
THE 14 MILLION VOTERS IN
CI-IARGE. MOSI of the prison refornlers
do not vote al all. \\hich is one of the
reasons \~hy Ihey come up on the short
end.
Legislators: Why is the UNION supponing Ihe Democrals \\hen very few of
the other prison refornlers do?
Bird: Because all the legislators are
either Democrat or Republican excepl

for one, Ms. Bock of the Green Pacty.
The laws arc made in Sacramento. Re·
form can only come from gelling lhe laws
changed. No other pany has anyone in
Sacramenlo who has the power to do
lhis....we'rc sluck with the Democrats because lhe Republicans are worse. Also
because 97% of the voters are either
Democrat or Republican. You can't easily
sell people on third panies when ~ou're
out registering voters. which is an imporlant function of the UNION. We trust and
often agree with only lhree Democratic
senators:
Hayden. Vasconcellos and
Polanco. We agree with none of them
fully.
Legislators: Would the UNION ever
change its Democrafic leanings?
Bird: Absolutely. Anytime a group of
voters who wanted to reform the criminal
justice system numbering 3 million sur·
fnces. we'll be examining our loyallies. No
one in the UNION supported a Republi·
can or Democrat for major office before
June 6. Seeing the third pany voting
blocks were too small 10 compele. we put
300 families in Gray Davis offices. In our
heans, we hoped a third pany would be
\\ell enough organized to end the repression caused in our lives by Democrals and
Republicans who are nOI like '·Iayden.
Vasconcellos and Polanco.
Legislators: Werc you Ihe only prisoner's rights group 10 actually work in Ihe
Davis campaign?
Bird: There were three groups who
worked in his campaign, none of them put
in the kind of effort we did, unless there
are a couple I don't know aboul. We saw
a choice between bad and worse nnd went
for bad (Davis.) It put us in grief to watch
his television commercials but we still feel
il would be worse had we stood by and
allowed Lungren to get elected. I think
Davis doesn'l realize Ihat the people who
elected him want him 10 be very. very
opposite of the WilsonlLungren regime on
justice issues. At this time, a large ponion
oflhe UNION membership wants to recall
Davis due 10 his recem decisions and appointments. AI Ihis time. we are nOI
funded or staffed to undertake such a cam·
paign bUI it is always a possibility. The
300 families \\ho pUl him in can take him
OUI. bUl we realize the UNION must be
much larger first. And. the basic million
dollars a campaign of this magnitude re·

Page 19

The Cdling of ~ An _
Look oJ tI>e U.s. Priscn
fndu.stry by Daniel Burton Rose, Dan Pens and Paul

Wright. Common Courage Press, 1998. Paper Back, 264
Pages. $19.95
The Gelling of America is Iho critically acclaimed Prison Legal
News anthology Ihal is already in ils second printing. In eight
chapters this book presents an inside look at the wor1cings ollhe
American criminal justice system today. The book examines the
death penally, control units, Ihe politics of prisoner-bashing, the
role of the media in the cunent anti-prisoner climate, prisoner
struggles, prison slave labor, racism, bl'\Jlality, and corruption
among prison employees. the role of the gun lobby and the guards
unions In formulating criminal juslice policy. Ihe downward spiral of
prison conditions, private prisons and much, much more. The
perfect introduction into the reality and politics modem American
jUslice, at all levels.

0'

Ol1TSlDl!RS LOOKING IN: How to " - from Going
Ouy When Souxxme You Love Goes to Jd by Toni
Weymouth, Ed.D .. and Maria Telesco. R.N" B.A..
OLINe Publishing. 1998. Paperback, 351 Pages. $19.95
When someone is accused or convicted of a crime, the invisible
and 'orgotten victims are his or her 'amily, friends, and loved
ones. While the family members of the accused have commItted
no crime themselves, they are often shunned by relatives,
ostracized by neighbors, fired from their Jobs, even
"dis'ellowshipped" 'rom their churches. Many have no where 10
tum. A lew have become suicidal. Outsiders Looking In is an aid
to those who love someone in jail or prison, and a caution 10
those who thought it could never happen to them, Irs everything
you never wanted to know about the Big House, but didn't now
who or what to ask: arrest, lawyers, court, sentencing, prison
rules and regulations, pitfalls and how to avoid them, death row,
stress and stress reduction techniques, support groups and
organizations. An invaluable resource.

:l<

:l<

To Order, mail payment and order form to:

Florida Prison Legal Perspectives
Attn: Book Order
P.O.Box 660-387
Chuluota. Florida 32766

71lECEI.uNGOF AMElUCA ......$19.95 each

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OUTSlDERSLOOKlNGIN. ....$19.95 each_ _
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F.P.L.P. VOLUME 5, ISSUE 3

Page 20

quires would need to come from somewhere. We would never lake Republican
money, Ihal'S for certain!
Legislators: Have thcir been eITorts 10
unile Ihe prison refonncrs?
Bird: Yes, when we started out Ihis was
very important to Ihe UNION 10 pull 10gether existing groups. Then we saw thm
less Ihan 5% were even willing 10 talk abOllt
vOling Democrat (or voting at all) and it
seemed fruitless to pursue Ihat course further. Also. [ was constantly auacked for
trying to explain to people thill Ihe general
public will not accept third panics and their
viewpoints so easily. We saw \Vlmt happened with the Ho Chi Minh poster in
Orange County, it's worse than that if you
arc out gathering signatures and mention
certain political pllrties or individuals construed to be too radical. We lVant the laws
to be changed and would like 10 skip the
politics, bUl renlize it's a political problem.
There is zero chance of uniting the people
who have been in this rcfOnll movement for
20 years into a Democratic voting lobby.
They do not have a loved one affected in
most cases and lise these issues to build
their third party interests. I can understand
the intense anger [It the Duopoly. However,1 also see that just refusing to partici.
pate isn'l a solution either.
Legislator: Docs the UNION really have
a chance 10 put Ihe prisoner issues and
refonn of the criminal justice system into a
serious movemenl?
Bird: I am reserving judgement at this
lime. There are major obstacles that r am
uncertain we call overcome. Ignornnce of
how the system works is lhe number one
obstacle. Number two is a "victim mentalilY" of the people afTecled wilh the prob·
lem. They do not undersHmd that until <It
least 1500 people arc demonstrating in
front of the Capitol and on slandby alert
that there will be no changes in the law.
They do not undersllllld the power of numbers and what 11Itppens when legislators see
thousands. of VOTERS united on an issue.
So far, no group can muster a decent
demonslration of the very people hurt.
Many people do not have cnrs, they arc
financially devastated, emotionally devastated. They pass the buck and do not
understand that Ihey have Ihe power to end
700A of the prison industry as well organized \loting block. They whip themselves
b), wilhholding participation, financial sup-

F.P.L.P. VOLUME 5, ISSUE 3

B &I 0 PARALEGAL CONSULTANTS, INC
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port, and most importantly by missing
demonstrations. They don't get it. A
famous person once said "Cowards cam
their chains" I have met man)' cowards
who slow the movement down by not
doing their share. No one who has e\ler
tried to help the prisoner families with
anything has ~ver been able to mount an
effective campaign because of their lack
of participation. We ask everyone for
one letter per week, one demonstration
per monlh and to recruit ten people.
This requires about ten hours a month.
The)' keep thinking someone is going to
rescue them, an altomey, an appeal, a
champion legislator. Most don't underSland that the only reSCLle which can
happen is when they assume the personal responsibility for recruiting, voting, writing, demOnstraling in mass
numbers logether' with the voters. I
don't know if we can overcome the ignorance or lhe apalhy, or the viclim
mentality. I am just a volunteer with my
own career, legal case for my son and
responsibilities 10 worry about. My
feeling is that I gave them the Solulion,
set up a perfectly workable system in
which they can fight back and the exe·
cution is up to them, they can participate and win o~ not participate and lose.
There isn't anyone doing their work for
them, so if they don't care enough aboul
their inmate to do the basics, then Ihey
can just spend their lives going to visit·
ing and be victims. We are all worth

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one vote. Nothing maners except how
people vote.
Legislators: Don't they realize that law·
makers are nOl going to go out on a limb
for them without the back up of letters 10
lhe media and other legislators and BIG,
BIG, BIG demonstrations?
Bird: No, they do not understand that
people arc not going to help them if they
won't do their part. You should see what
I must go through just to get 530 for
necessary stamps. The opposition gladly
pays lheir dues, hires activists, rents of·
fices, buys advertising and printing. The
prisoner families think that everyone owes
them a rescue. Of course, Ihat is never
going 10 happell. I regret that others have
nOl supported you with what you have
tried to do for the prison issues. I cer·
tainly beat everyone in the UNION over
the head to undersland they have a very
important role in "II of lhis. I get very
frustrated with the laziness too. My health
is bad, my son's legal problem pressing, I
am a writer who donales too much time
and money is always a problem. I've
carried the movement way past the time [
intended hoping that education would
cause people 10 understand they will get
no reform until the demonstrations are
huge and lhey pay for the lobbying efforts.
We arc accepling no new projects until the
team leaders get better organized and the
UNION expands. The)' scem to be gelling
this done. The UNION is not the kind of

Page 21

effon where it works if only a few hundred
do all the work. We have a long way to go
to outnumber the CCPOA [editor's note:
Correctional Officers UnionJ.
Legislators: How is your legislative rep
working out who handles the UNION members' complaints about prison conditions?
Bird: Our rep is a very nice woman,
however she seems to be powerless against
the CCrOA. The Insp~ctors have shown us
nothing to believe they are anything but a
public relations extension of the California
Department of Corrections,
Death is a
daily occurrence. I am constantly in grief
for the retribution, torture and killings, lack
of medical treatmcnt which exists at most
prisons statewidc,
Legislators: Which prisons arc the worst
for serious complaints.
Bird: High Dcsert, Pelican Bay, Corcoran, Folsom, Calipatria, Vacaville, Soledad,
arc all horrific. We get terrible complaints
from almost all of them, especially on the
lack of medical treatment even in an emergency, I don't see anything changing as far
as these awful conditions and cases.
Legislators: What do you think would fix
the California Departmcnt of Corrections?
Bird: Fire everybody. The CDC tS way
too corrupt for "fixing." The people and
the media must disenfranchise that
CCrOA, fire Wilson's cronies and the good
ole' boys running things in Sacramento,
shake it up and move it oul. The UNION
will be able to do much of this necessary
"exposure" even though the journalists are
banned from'the prisons. we are gelling the
news out through our families who report to
me, and I release it to the media.
Legislators: Arc you afraid ofretribution,
has the CCPOA bothered you?
Bird: I am a journalist and fear is not
allowed when fighting for one's freedom.
Yes. there has been all kinds of retribution,
my son is in prison because of my work
fighting for people's rights for 30 years. He
has been beaten at Tracy, raped at Folsom,
and almost killed at Calipatria. At Mule
Creek they took him from'being a computer
teacher to sweeping floors and lOok away
half his visitations because of my testimony
at the Gang De-briefing Policy hearing.
My son and I have agreed it is better to die
on our feet than live on our knees. Prison is
worse than death and I cannot live with the
injustice. I will continue to fight back.
They took everything but my breath to pro-

F.P.L.P. VOLUME 5, ISSUE 3

tect the political careers of a handful of
men who have all the power. As long as
I have the breath to speak and the ability
to write, I will fight to bust up that
power hold, motivated by money. I do
n01 operate from a position of fear because the voters have all the power
when properly organized. I can do it if
they will listen, cooperate and partici·
pate. If not. they can continue to be a
victim and their inmates will remain in
the steel jaws ofprison.
Legishllors: Do you consider the
UNION to be an adversary of the Crime
Victims which has such a grasp on Governor Davis with money they've donated
and time they invest in him?
Bird: We believe that a lot of tax
dollars are being wasted on nonsolutions to crime. The money would
be better spent in preventative and rehabilitative directions. The Crime Victints, if they could get past their anger,
might really be in agreement with what
we have to say about ways to reduce
crime which have proven themselves
auf. I don't think anyone in Sacramento
is really interested in reducing crime.
They are more lIlterested in making
money off the freedom of our young
people, financing bureaucratic careers
and building an inhumane and ineffective prison industry even higher. We
advocate restorative justice and
umpteen alternative crime solutions
than retribution.
FPLP welcomes the upcoming FrAN
column. Look for it in our next issue.
·tb

PRISON LEGAL NEWS

"Perhaps the maSI delailed journal describing Ihe devdopmclu of prison Inw is Prison
Legal News." -- Marti Hiken, Director Prison
Law l'roject of the National Lawyel'$ Guild.
PLN is a 24 page, monthly magazine,
published since 1990, edited by Washington
state prisoners Paul Wright aud Dan Pens.
Each iuue is packed with summaries and analysis of recent court rulings dealing with pris.on
rights, wriuen from a prisoner perspeclive.
,\Iso included in each issue are news articles
dealing with prison-related struggle and activism from the U.S. and around the world.
Annual subscription rales are $1 5 for prisoners. If you can't alford to send $I5 at ooce,
send at least $7.50 lIod we will pro-mle your
subscription at S 1.25 per issue. Please send no
less than $7.50 per donation. New (Unused)
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For non-incarcerated individuals, the
subscription mle is S25/yr. Institutional
subscriplions (for lI11orncys.tibrnrit-s, government agencies. non-governmental organi7.atiOIlS, etc.) are S60/yr. Sample copies lire
availablc for Sl. Contact:
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SeattleWA98117

TRACY ROSE AND TERESA
BURNS (FPLP)
IN FRONT OF CLOSE
MANAGEMENT DISPLAY

Page 22

THOMAS E. SMOLKA
A"ITORNEY-AT-LAW
3126 W. CARY STREET, SUITE 122
RICHMOND, VIRGINIA 23221-3504
TELEPHONE (lG4)

'""""'I

TEL£FAX (IG4) 644-446J

ANNOUNCEMENT
Thomas E. Smolka is proud to announce the establishment

or his law practice in

Richmond. His practice areas include: Criminal Defense Law, Appellate Criminal Law,
Post-Conviction Relief, Major Civil Litigation, Inmate Administrative Law and
Proceedings involving the Department of Corrections, Probation and Parole, Executive
Clemency. Interstate Compact and Institutional Transfers. Immigration Law and
Detainer Actions.
Additionally, Thomas E. SmOlka and Associates Iocaled at 909 East Park
Avenue Tallahassee Floridq 32301-2646 Telephone (850) 222-6400 Tel,fax (850)

6484. will continue to provide a/u" range QlConsult;ng Services

nz·

to Inmates on

Administratiye, Executiye ClemenCJ' and Parole Related MatterS.

Subsequent to his 1975 graduation from America's oldest law school at the
College of William & Mary, Thomas E. Smolka was admitted to the Virginia State Bar
and became a member of the National Association of Criminal Defense Lawyers. Tom's
legal experience includes service as an Assistant City Attorney of Norfolk, Virginia
followed by many years in private law practice. Most importantly, Tom Smolka's direct
understanding of the American judiciary came when he confronted the criminal justice
system, won his direct appeal and was exonerated. See Smolka v. State. 662 So.2d 1255
(Fla. 5" DCA 1995), rev. denied, State v. Smolka, 668 So.2d 603 (Fla. 1996).

F.P.L.P. VOLUME 5, ISSUE 3

Page 23

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

Office of the Governor
Pl 05 The Capitol
Tallahassee Fl 32399-000 I

Florida Corrections Commission
260 I Blair Stone Rd.
Tallohassc<: FL 32399·2500
(850)413·9330
Fax (850)413-9141

(850) 488-2272

EMail: fcorcom@mail.dc.slllte.n.us

Ch.. f1nspcclO< GcncrnJ
922-1631
Cltizen's Assistnnce Admm._
488-7146
Commission/Government Aeeountnbility
The Florldn Corra:lIons CommISSion IS composed or
922-6907
eight cilizens appoinlcd by the Bovernor 10 oversee the 10 lhe People
Officc or Executive Clemency
F10nda Dep:utment of Corrections., advLSe the gover.
260 I Blair Stone Rd.
IlOf and legulawre on COIlCCUOnal IS$UC$, and promote:
public education about the ~cetional system 1:1
Bldg. C. Room 229
Aorida. The Commission holds reaU11lI meetlnp around
Tallohassee FI. 32399-2450
the slate \lon~ the: public may attend to provide
(850}l88-2952
Input on r.ssues and problems affectmg the: COITectJonaJ
Coordinator. Jllnet Keels
system In Florida. Prasoners farmhes and f"ends are
Web Site: wwwdosstate.n.uslfgilslagenclcslf«

Michael Moore. SeCrtlary
Informalion........
. ..•
(Info Direc.or. Keny Fladc)

.488-7480
....488-<>420

,

Conc:spondcncc Conuol. .
.
488·1052
Inspector Genenll. Fred Schukneeht
.488-9265
Inlerstllte Comp3Cts
.
..481-0558
HC3lth ScrviCC5
922.-5
(Charles Mallhev.'S. MD. Asst. Sec.)
AsSistant SccrcW) for Sec:untylInsL Management
Sll1I1 CZCfTllnk

,

,....................

.•.488-8181

encouraged to conlACl the Commission to advlSC them

Inmllie ClassificatIOn...
Senu::ncc Suucturc...._
Vlclim Assistance

..488·9859 of problem areas The Commission is mdependent of
413-9337 the FtX>C Mel is lnttTC:$ted In publiC patnclpatlOn :md
corrunents concerning the oversight of me FDOC.
488-9166

Populnlion Mgt

.. .488-9166

Rcsional OfTtces
Region I
Region IJ

(352)955·2035

Region III

(401)245-0840

(850}l82-9533

Region IV

(954)202-3800

Regaon V

(813)144-8555

Comnlls.sm Manba1:
Edgar M Dunn. Jr., Esq-etuur

Kalle C. NlChols·Vice ChaIr

(850)488-1880
Web Site: ww\\_rdle..stllte.n.~

Ed\Io.d Nocbrse. A C F E

Please c.htck your mailing lab~l (or the date tbat your subscription to
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Injustice anywhere is a threat to justice everywhere. - Martin Luther King.

(850) 488·1655
Department or Law Enforcement
P.O. Box 1489
Tallohassc<: FL 32302

Han Wdlwn EYCB-ll.b)u orar.dc:luoo
Da\id F llar\q. Sha1ff. Wakulla County
AlmA 8 LlttJc:s, MD
Guy Rc:\~II. Jr ·foormer PatoIe Comnu.ssKlntr
Ray Sansom. 0bJ00sa Count)' Cornmisstooa-

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F.P.L.p. VOLUME 5, ISSUE 3

Florida PnroleIProbntion Commission
2601 Blair Stone Rd., Bldg C
Tallahassee FI. 32399·2450

FLORIDA
PRISON

LEGAL
PERSPECTIVES
P.O_ BOX 660-387
CHULUOTA, FL32766

Florida Resource Organizations
Florida Institutional Legal Services
(Florida Prison Action Network)

111ll-C NW 8th Ave.
Gainesville FL 3260 I
(352)955-2260
Fa.x: (352)955-2189
EMail: fils@afn.org
Web Site: www.afn.orglfils/
Families with Loved
ones In Prison
710 Flanders A,,·c.

Daytona Bch Fl32114
(904)254-8453

EMail: Oip@nfn.org
Web Sitc: ww\\.afn.orgl nip
Restorntivc Justice Ministry Network
P.O. Box 819
Ocala. FI. 34418
(352) 369-5055
Web: www.rjmn.nct
Email: Berni a jmn.nct

NON-PROFIT

U.S. POSTAGE

PAID
OVIEDO, FL
PERMIT NO. 65

Page 24