OF ALL THE PRISONS IN THE COUNTRY, WHY IS ILLINOIS' VACANT PRISON THE ONLY VIABLE OPTION? ANSWER: VACANCY EASIER TO DISCUSS THAN OVER-CROWDING!

A cell house at Thomson Correctional Center is seen from one of the guard towers at the facility north of Thomson. (AP)Our politicians have a history of refusing to discuss American prison issues...until recently. And, the only reason why they are talking about prisons is because the issue surrounds VACANT, WASTE-OF-MONEY-TO-BUILD, FEDERAL-MONEY-FOR-GITMO-DETAINEES PRISONS.

A newly-built but empty Thompson Correctional Facility located rural Illinois was in the news today (article here) as the most viable option for Gitmo detainees. It is estimated to bring 300 or so jobs to the area. Big deal! It also will bring in 1500 armed forces, i.e. men and women that can be deployed anywhere in the entire country. Why displace them to the middle of nowhere? There are plenty of other prisons that can be used!

THE OTHER PRISON ISSUE - WHAT TO DO ABOUT OUR AMERICAN INMATES

Here's an idea: why not discuss why is there no room for Gitmo detainees in most other prisons? Why are we only looking at vacant prisons? Well, the reason why is our prison system has become industrialized; the more prisoners, the more money for privatized prisons and corporations with contracts at the prisons. Our politicians refuse to discuss why we are the most incarcerating country in the world; our politicians refuse to look at other alternatives for non-violent offenders. The over-crowding of prisons is an issue for another day, it seems. Right now, our politicians would rather talk about Gitmo detainees intead of rehabilitating and releasing non-violent drug offenders.

BRINGING GITMO DETAINEES TO AMERICAN SOIL IS A BAD IDEA

I do not like the idea of bringing Gitmo to America. Are the prisoners going to be spread throughout the country or will they all just be chillin' in one spot? Will they be housed with American inmates?

The United States has been so concerned with fighting the war on terrorism abroad. We have done very little to weed out cells in America (Ft. Hood killer who posted blogs and was being watched by Feds proves my point). I think it is silly to bring known terrorists back here. We are just feeding the monster by doing so.

I'm not worried about an inmate escaping. The American "home" will be so secured they ain't goin' nowhere. But, they will be afforded the rights of other inmates. They will be allowed visitors, they will get mail. They will be living in the place that they want to see destroyed. They will find a way to share information.

Out of sight, out of mind. We bring them here to America and those prison lights will be shining ever so brightly on our enemies. The moths will be that much more attracted to the flame...

TODAY IS GOV. SCHWARZENEGGER'S DEADLINE: PROVIDE PANEL WITH PLAN ON REDUCTION OF PRISON POPULATION

Today, September 18, 2009, is the day Gov. Schwarzenegger must provide a federal panel with a plan. His requests for an extension were denied and today is THE day. The plan must show the panel how the state of California intends to reduce its prison population, the largest in the county.

I wrote about the prison population, in general and specifically in California, earler this week here. 

Hopefully, other issues will be discussed besides, "Oh my! Is the scary violent person going to move into my neighborhood and kill my family?" This kind of stereotypical fear of the "felon" provides for a good scapegoat for the states, instead of dealing with the greater issues: the cost of health care within the prisons and the broader issue of rehabilitation and treatment over incarceration.

www.xpunged.com and www.tamaraholder.com

PRISON HEALTH CARE ISSUE IGNORED BY OBAMA - MEDIA MOST CONCERNED WITH RELEASE OF VIOLENT OFFENDERS

The United States is the most incarcerating country in the world: 1 in 100 people are in our prisons.  People are all worked up about whether or not undocumented residents should get health care. People are all worked up about the release of bad guys back onto our streets. People are all worked up about the public option health care idea. But what about the free health care (or lack thereof) that our incarcerated residents receive? The amount of money that goes into our prison industry is shocking. Why the lack of discussion about this issue that all tax payers should be concerned with?

In 2004, California spent $1 billion in health care for its prison inmates and that amount still wasn't enough to provide proper care. Article here. "Twenty percent of the physicians that work at CDC have either a bad mark on their record or a series of malpractice lawsuits -- a figure that is four to five times higher than the general population of physicians in California."

In August 2009, a federal judge panel ordered the California prison system to reduce its inmate population of 150,000 by 40,000 — roughly 27 percent — within two years. Article here. Health care has been so bad that at least one "unnecessary" death is caused per week. 

Then, on September 3, 2009, the judicial panel denied a motion by the Schwarzenegger administration that sought to delay an order requiring California to reduce its prison population. The panel gave them a September 18 deadline to provide a plan for reducing the population.  “This court has been more than patient with the state and its officials” in waiting for California to reduce overcrowding to improve medical and mental health care for inmates, the judges said in a five-page ruling. “We are persuaded that it is now in the best interests of all concerned to act as swiftly as possible.” Article here.

Last year Senator Dianne Feinstein (D-California) allegedly sought and received approximately  $7.8 billion to build $53,000 prison cells in California. $7.8 billion!!!!!! Including this statement from her website : For the 2008 FY Budget: 

Mendota Prison - I am pleased that the President and the Justice Department have responded to my repeated reque sts for the federal government to finish construction of the 1,280 -bed federal prison in Mendota, California.  This partially-completed prison has been sitting half-finished for several years, but the President’s promise of $115 million in his budget should finally allow this facility to be completed and start receiving inmates by 2010 – bringing needed jobs to this area of California and adding needed medium-security bed space for male inmates sentenced for federal crimes.  That equates to approximately $90,000 of taxpayer money going to each bed for “medium” security inmates.  And keep in mind, money has already been put into this prison.  The state is seeking an ADDITIONAL $115 million.  

So where is all the money going? The state continues to get billions of dollars for the prison industry and yet people continue to die in prison due to terrible health care. The prisons clearly continue to be over-crowded and now, the state is being forced to reduce the population. 

Here's the problem: we punish everyone by incarceration; the inmates receive "free" health care from our taxes. Also, think about this: those who are in custody and have received shabby "free" health care may also win a civil suit against the state. There goes more taxpayer money to the inmate!

Maybe if we did not incarcerate non-violent criminals, we would not have to worry about over-crowding in the first place. But instead, we are so caught up with more and more money going to prison beds and prison expansion, we don't pay attention to the lingering effects. 

I'm just wondering when Obama and the mainstream media are going to address this issue. Because as we put criminals in jail and throw away the key, we are also throwing away our money. 

www.xpunged.com and www.tamaraholder.com

MICHAEL VICK'S RETURN TO NFL: LOOKING AT BOTH SIDES OF THE FIELD

Michael Vick (Copyright "The Starting Five") Every time I write about athletes, I feel inclined to remind you that I was engaged to an NFL player for the first 6 years of his career.  So, my opinions of professional athletes and professional sports comes with a rare insider's perspective: a) most significant others of professional athletes do not publicly share their opinions, and b) if they do speak out, they surely don't they bring a combined legal background.

With that said, the Michael Vick issue allows for me to look at his case from both sides of the field. On one side, I'm a criminal defense attorney.  On the other side, I'm a insider who has witnessed the behaviors of professional athletes who hold themselves out to be role models but certainly do not act accordingly.

From the criminal defense attorney's side of the field, I believe Michael Vick should be able to return to football.  As an attorney who focuses her practice on expungement of criminal records, I believe people who have done their time for the crime, should be allowed to return to work. What else is Michael Vick going to do besides play football? No, don't make the argument that he has so much money to do something else.  Money isn't the issue.  What about the carpenter or the truck driver who is released after doing his time? These people must be allowed to return to work so they can provide for their families. If not, their risk of recidivism increases.  Michael Vick did his time, now let him get back to the field.

From the other side of the field, as an ex-fiancée of a NFL player, I have reservations about whether Michael Vick should return.  Criminal behavior in professional sports is rampant.  The players are constantly getting into trouble; to name a few: Pacman Jones, Plaxico Burress, Ray Lewis...that's just to name a few. Then, you have the baseball players who are accused of using illegal steroids to enhance their performance. And if you put all the publicly known criminal behaviors aside, what about all the stuff that goes on behind closed doors that is never reported but generally known and accepted? From this side of the field, I say Michael Vick was given an opportunity to play in the NFL and by engaging in criminal behavior, he violated the terms of his contract.  A professional athlete held to a higher standard - that's part of the job.  From this side of the field, I say that if the NFL reinstates Michael Vick, they are sending the wrong signal to its players and its fans.

 See my blog on Plaxico Burress: Professional Athletes Continue to Shoot Themselves in the Foot

www.xpunged.com and www.tamaraholder.com

ARRIVAL OF 1ST GITMO DETAINEE IS PREMATURE - NOWHERE TO GO POST-CONVICTION...BUT, MONEY TALKS

Guantanamo Prison

The first Guantanamo detainee, Ahmed Ghailani, has arrived on U.S. soil to face trial for a bombing in 1998 that killed 12 Americans, 224 people in all. Article here.

He's an American detainee, accused of killing Americans; thus, he should be tried by America. Fine.

But then what? It reminds me of when I was in high school and my parents wanted to send me to boarding school...or somewhere...for being a "bad kid"...even though they wanted to give me the boot and punish me, they had to formulate an exit plan first: Where do we sent this kid?

Obama needs to determine where to send these boys! Instead, he's brought this guy over to the U.S., with no idea where he'll be permanently placed. That's just silly.

Issue is WHERE not WHEN

President Obama has not resolved the issue of where the Gitmo detainees will serve their sentences, if convicted, even though he promised to close Gitmo down by January 2010. But how can he close the doors on Gitmo before having new doors open? What a premature promise!

How Much Will You Give Me to Take Them In - The Prison "Industry" Will Prevail

Money talks. As of right now, it doesn't seem like any states want the detainees. We know Obama asked for $81 million to close Gitmo. But how much will it cost to house these guys in America? How much are the Feds willing to give the states for these guys? There has been talk on the Hill about states (per the Governors' consent) being given extra money if they agree to house the convicted detainees. Article here.

Our prison system is currently extremely overcrowded. Keep in mind, there are only 240 detainees; it's not like we are talking about thousands of beds here. But, these men will be housed in the maximum security facilities. It will cost taxpayers millions of dollars per year, per Gitmo convict, to house these men.

This issue of "WHERE" gives states a tremendous bargaining chip in this time of financial crisis. States that decide to house these men are in a position to receive an additional hundreds of millions of dollars a year.

Overcrowding may become a secondary issue...give the states enough money and they'll surely find a way to put these dudes somewhere. Money talks!

Prison Industry Allows for Private Companies to Profit Too

Modern day slavery still occurs in the prisons. Corporations pay prisoners pennies on the dollar for work. Be on the lookout fo lobbyists supporting the states bringing the detainees to the state pen. They can make some cash off of them too. See my blog on this here.

www.tamaraholder.com and www.xpunged.com

DEAR ERIC HOLDER: WE ARE NOT COWARDS BUT WE MUST FIX A BROKEN SYSTEM

(AP Photo/Charles Dharapak)Today, U.S. Attorney General Eric Holder said, "Though the nation has proudly thought of itself as an ethnic melting pot, in things racial we have always been and continue to be, in too many ways, essentially a nation of cowards." Article here.

A coward is someone who is afraid, who has fear.  When it comes to America's justice issues, "cowardly" is not a proper description.  Broken is more accurate. 

What do I know, right? Well, first of all, I'm a criminal defense attorney in the largest criminal system in the country (Cook County, IL) so the majority of my clients are, unfortunately, black.  But more importantly, I have worked very closely with Rev. Jesse L. Jackson & other civil rights leaders for the past few years. Some of my cases include 1) a case where the railroads were firing felons in the name of "homeland security" without proper authority & several Congressional hearings were held (Washington Post articles here and here); and 2) a case where Chicago Police Officers were illegally arresting family members of public housing residents for trespass.  (Article here.  I attached TV story below.)

Our system is broken.  Our laws are punitive and do not focus on rehabilitation.  1 in 100 people in our country are in prison or jail. We are the most punitive country in the entire world.  1 in 3 black men can expect to spend time in prison in their lifetime.  Approximately 70% of drug-users are white; however, almost 80% of people in jail for non-violent drug offenses are black.  We have "3 strikes & you're out" laws & laws that create mandatory sentencing guidelines for repeat offenders.  80% of women in the Cook County jail are mothers of 3 or more children & 75-90% of them are addicted to drugs or alcohol. 

Those with criminal records are marked for life. Most states do not allow felony convictions to ever be cleared (expunged or sealed) from the public's view.  Some may say, "I don't want a convicted felon to be able to hide their record." But many people want rehabilitation.  Many people want jobs.  Many people deserve a 2nd chance.  I'm not talking about the violent, sex-offender.  I'm talking about the guy who got caught dealing drugs in his early 20's and has had trouble finding a real job for the past 15 years because of one error in judgment. It is our Governors who are the cowards: They are afraid to grant pardons in fear of political backlash. The power to pardon is an enumerated job description of the Governor, (albeit discretionary); however, our Governors must grant pardons for those who can prove rehabilitation and that they are productive members of society despite a mistake many years ago.

 Calling Americans "cowards" is not a proper call to action.  Many of the men who I represent want to, at the end of the day, be able put food on the table for their family.  These men are not cowards. They want to work but nobody will hire them.  These men flat-out need a job.  Many of the women I represent are drug-addicted & poor.  They are not cowards.  They are sick & need help; they want real help, not some under-funded "program" in the jail.  The public defenders have such extraordinary case loads that they cannot tend to every indigent defendant's needs even though they want to fight each case equally; they are not cowards.

I have spent countless hours in the public housing projects with families who are sick of getting beaten up by the police and who are tired of getting forced through a judicial system that seeks to punish even the most innocent. They are not cowards; they are victims of systemic repression.

Sure, there are many "bad" people out there who deserve to be in prison and deserve punishment.  But I refuse to believe 1 in 3 black men are bad.  I refuse to believe that 2.2 million people who are in our prison system today are all "bad" and cannot be rehabilitated and treated.  We are broken but that doesn't make us cowards, Mr. Attorney General.

www.xpunged.com and www.tamaraholder.com

PRISONERS MAKE PENNIES AN HOUR - MAJOR COMPANIES PROSPER FROM ESSENTIALLY FREE LABOR

Today's front page of Chicago's Sun Times discusses how our convicted-felon politicians are treated like everyone else; how they make just pennies an hour while behind bars. WARDENS DON'T CARE THAT YOU USED TO BE THE GOVERNOR:

     "Betty Loren-Maltese, former Cicero town president, says that, since she went to prison in 2003, she's cleaned pots and pans and washrooms, and buffed and waxed floors. Loren-Maltese also worked as a landscaping clerk in the Dublin, Calif., prison's greenhouse. Now in prison in Victorville, Calif., Loren-Maltese got $5.25 a month for her first job and has made 12 cents to 23 cents an hour for most of her prison duties."

But what is NOT discussed is the other side...WHO is paying the prisoners just pennies an hour?  The answer is major companies are getting essentially free labor in the prisons.  According to www.motherjones.com, In the 1990s, subcontractor Third Generation hired 35 female South Carolina inmates to sew lingerie and leisure wear for Victoria's Secret and JCPenney. In 1997, a California prison put two men in solitary for telling journalists they were ordered to replace "Made in Honduras" labels on garments with "Made in the usa." 

The list goes on: Starbucks, Boeing, Microsoft...numerous Fortune 500 companies PROFIT from the Prison INDUSTRY!Their thinking seems to be, "No need to export labor to China...it's cheaper to have our own American prisoners work for pennies."

The issue is not that prisoner's should necessarily make money while in prison.  Granted, they are being punished; however, I don't think it's the "American Way" for prisoner labor to be the new form of slave labor.

The issues are
1) What do we do with the working inmate's family as he or she is in prison, making pennies and hour? 
2) And what do we do with the working inmate's learned skills once he is released from prison?

Kurt Kamm of the American Chronicle recently wrote an article, Female Inmate Fire Camp in LA County, about Camp 13, a  prison camp in Malibu, CA where female inmates are paid just $2.70-4.60 to monitor the forest and to fight fires. He goes on to say,
     "I have been out in the field with these women. They are proud of their work and work hard at it. It can be exhausting. They are encouraged and complimented by the firefighters who supervise them. It may be the first time in their lives they are accomplishing something and are getting positive reinforcement.   While the work at Camp 13 clearly helps build the self-esteem of the inmates, it is unfortunate that two-thirds return to the prison system."

REALLY?  NO KIDDING!  But why is it that the recidivism rate is so high?  Are the inmates really bad people?  No.  The reason many return to prison is because when they are released, they cannot put on their resume that they were firefighters for LA County.  Instead, they must disclose their felony background which leaves them with little to no options for gainful employment.  Mr. Kamm even mentions how there is a waiting list of inmates at the prisons who want to join the Camp.  AGAIN, NO KIDDING! THE WOMEN WANT TO WORK!

And what about the families who are left behind as their loved one is incarcerated?  Does the family benefit from the incarcerated person's menial wages?  Of course not.  The "employee" does not get benefits, the opportunity to participate in a 401k, insurance benefits, etc.  And again, the person doesn't get to put on his or her resume that they had a corporate job, nor does the inmate get the opportunity to work for that corporation upon release.

The article mentioned above properly shows one thing: you give people the opportunity to work and they will take it.  People don't change upon their release from prison.  The only thing that changes is their ability (or lack thereof) to work and provide for their family; hence, recidivism.

Finally, I suggest we find a way for the families of incarcerated "employees" to receive some kind of benefit.  With the person not at home, many families are living off of public aid and welfare.  Maybe we can get these companies to start a program for the families of incarcerated people as a form of payment for the work they have received.  If you don't like this idea, then I guess you are ok with families struggling financially when, in fact, their loved one IS WORKING behind prison doors.

Our prison industry must change because right now it looks a lot like modern-day slavery cloaked in "punishment."

www.xpunged.com and www.tamaraholder.com