ACULTURE OF VIOLENCE\ ABUSE, AND SILENCE
By Bob Posey, Editor

II pris~r at a North Florida
prison. on cTUrrhl's with a u'I'trdy broken
leg wuh steel pins in iI. approached his
hOla/ng unit and asud the officer i,l.1ide Ihe
building to allow him (0 uu lhe restroom.
The request was refused becl/use it was /10/
lime

lor

11ll! doors 10 opell so Ihe prisoner

wou/djllSl ho\'/! to It'oil a halfhour. accordmg [0 Ihe officer. Unable /0 ",ail. the prisDlltf

lookt!d for a place to

urinale OUI

of

sight %n)'one. The hOJlJlIlg office'r coiled
for a security offiur. When the offin'r. a
Sugran'. arrh'ed and saw Ihe prisoner fl)"
,ng 10 urmate against the side ofthe build/fig. he grabbed the prisonu from Wind.
Jlam~d him inla the woll fon' first and
then Ih"" him 10 the ground. 'The prisoner
landed on Ihe broken leg causing him 10
scream ill extreme pain.

The officer Ihen picketl Ihe prisoner
up and tllrew !lim all tll~ ground again,
cmainE further $Cf'eams, When a crowd ofother prboner$ $Inrted to gather to nl'1!
11,lrm war happening. the officer hit the
emergency but/on on hIs tWD-way radio.
Othrr officers rushed 10 the scene. A whee/chair war broughl to Iransporl Ihe injured
prisoner 10 medical The prisoner asked
anotMr prisoner to Jwnd h"" his radio 1001
\las knocked off .....hen Ihe officer slammed
hIm against Ihe 11'0// The Sergeanl grabbrd
lhe radio and smashed ilia the ground, lhen

FPLP

snatched the prisoner up and threw him 01
the whee/cooir cOlL!ing hIm 10 fo// on ih,.
ground again and )'t// for help. 17le surrOllllding prisoners ~came angry anti
mo~'Cd in on Ihe Sergeam, 14'110 paniehtl
nnd began $hautlng for tile prisoners to
break it lip.
The prisonl'rs walched ar the prisoller
with the broken leg WIJJ" finaff)' placed MC!
in the wheelchmr and taken 10 mt'dlcal,
Wier Ihe prisoner was charged wilh alumptmg to incilt a riot and CU$aull on on
officer by the Sergeant The prisoner war
found guilty Oi a disciplinary hearing de·
spite numerous prisOller \I·ll~sse.s lestifpng
to lhe actual f'l't'nts, and the prisoner w/u
placed in solItary Close '\/anagemelll (CM)
confinemenl for three ye'ar$ minimum Aff
grie~'{lnces filed by 'he prisoner about IIu!
Sergeanl's actiollS \I'tre summarily delliI'd,
willi other officers, some of whom were 1101
el'ell presenl, sllpporting the Sergeant S
\'ersioll aflhe incident.
The FDOC central office affirmed thm
summary denial, based on the officer$' vel'·
sian of n"enlS, and wllhout iIl\Ts,;galio/~
Twa weeb after Ihe incident a new policy
wos started at 'he prison. JumdlcapfNd
prisaner$ 'will IN! al/Olted in the housing
units to use lhe f'C'strooms as needed The
prisoner with Ihe broken leg, howner, nmains III CM confinemenl todtry.

•

AI Washington Correctional Insrituconfmement prisoner$ are prohibited
from looking oUlthe small j" by 36" win·
dow in the cell door If Ihe prisoners are
caughl 100lClng OUI Illis window, the only
window in Ihe cell. Ihe)' hQl'e di$cipfinnry
action Inkn nguinsllhen! ranglllgfrom loss
of nil pri\!ilegts. loss of gain lime, and disCiplinary confinement, Prisoners who atlempt to griel'e lhis trealment are often retaliated againsl with physical bealmgs un·
del' the guise ofa "cell atractitNL ..
lion

• A prisoner at Boku Correctional
Inslitution m the Close' Management confinemenl und tried far day! to get an officer
to gi\'l? him some f)'lenol, The officers kept
tef/mg him Imer or 10 osk lhe nexl shift,
which said the same Ihmg_ 1M prisoner
was hm'ing headaches from Ihe atreme
heat in the crlls. w!ticlt are poorly l-enti·
lated, After Ilo)'s of aslclng for nnd nOI f'C'ceMng Ihe supposedl)' freely obtained Tylenol the prisOiler gal upsel and slarted bongIng on his cell door whe/U!\'rr an officer
entered lhe wing ....here he II"OS hGUSed to
Iry to gel the at/enlion of an officer 10 gel
lhe medica/ion.
The officers began telling hun to Slop
the bonging 0/1 lhe door, which the prisOMr
did nOI do, ~edmg the medicalitm, tellmg
them 01/ he wanted wos some TJ.(enol. Frve

INSIDE THIS ISSUE:

DEATH ROW EULOGY
ACLU SUES WACKENHUT
THE RETURN TO DRACONIAN DAYS IN fDOC
NOTABLE CASES
MENTALLY ILL PRISONERS
PETITION TO INITIATE RULEMAKING GRANTED
001 INVESTIGATION STALLED-IMMIGRANTS CLAIM BEATINGS-ABUSE IN FLORIDA

FPLP
4

S
S
9
12
IS
IS

-

offiClrs Gp!Nortd ot the prisonu', ctll door
ond ordtrtd him 10 ploct his hallds through
thtfoodflop 10 ~ handcuffid. The prisonu
again tried to lell lhem all he ....anted WOS
some Tylenol, but lhis M'OS {gnand and hI'
....as again ordued to plDCe his ho.lIds to he
cuffid. "'hM the prisoner refused, the. cell
door ....as ~Md lJllli lhe ji~'t officers
IWMd ,he prisONr. E~'tn though he curled
imo a dtftn.m~ baff on ,he floor ,he officers
begtJII beating, pum:hing and lciding ,he.
prisantr. Handcuffs were ploced 011 him
and Ihtn one afficer Itaned O\~r and
sprtl}'td pepper spray directly Into Ihe prisonus f!J'ts, moulh and nose even 'hough he.
WO.f nOI resisting.
HI' WO.f Illen bodily piclred up and
carried 10 anolher cell. This specially designed cell is a 7' by 9' cellll'ith a concrele
bed and su:cllailel. The window is CO\'crctl
wilh sheel /lte/(ll, Ihc window In rlre door is
co~'en.d wilh metal. nU! prisoner WO.f
stripped Mked, Ihrown inlo lhe. celi, lhe
door slammed shul ami Ihe lights cuI off. lie
was Itft in lotal darkness. handcuffid be·
hind his back. ruJkd, and covtred wilh
burning pePiNr spray for 48 hours, He was
later returntd 10 his original cell, subdued,
whtre he st{/ll/t.l'tr rectj~·td Ihe Tylenol.
• Confinemenl prisoners at Madison
CorrectJOIlOI Institu,ion ore punished for
n'tn minor infractions by being placed In
special ctlls lhot hm't Ihe windows staltd
IIp, The prison"rs are placed in Ihe cells for
dDys at a limt, wi/haut a hearing or opporIUIIIf}' 10 COl1ItSl lhe punishmtnl, where
lhert is only a metal bed, no mattress, and
wilh brJghllighls on 24 hours a day.
• ... prisoner 01 Everglades Correclional InstilUliOlI filed a gric\'ance again.st a
female officer who curscd lIim as he is goillg 10 lunch olle day, The grievance was
denied at all le~'els without illl'estigatlon
and based purely on lhe officer's den/olaf
the lIIcident (and ewn Ihaugh several other
prlsoll/!rs had previously grieved similar
treatment by Ihe same officer), Laler, lhe
offictr began singling the prisonu out for
minor and often fabricated incidenls. where
in sight ofolher prisoners and slaffshe gelS
in his face cuning him M'ith extremely foul
upleti~'tS and telling him she con do anyIhing SM M'onu and he can "file a grievanuM if he deNsn 'f lilre it. The prisoner did
file sn~rol DlMr gn'f!\'anctS oboul the officu's actions, (JII of which were summarily
d~nJed. Tht denials from lhe cenJral office
in Tallahassee were boilerplate responses
staling lhat Ihe institulional le~'el denials
were correct.
One day lhe. prisoner is approached
by the same /tmale officer where she ~gan
cursing hlm and jabbing her fingtr infO his

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

chnt. The prisoner pushed her hand away, 01
which paim tht officer hit the emergency bUIIon on her radio for bockup. SM grabbed Ihe
prisoner ond he pushes bock. accidentally making her fall. Sn~ral oilier offictrs arri\"t!d, sow
lhe female officer 0If lhe ground and jumped
lhe prisoner. He M'M beaten to the ground by
ufTlt'ords ofun officers. On Ihe ground he M'M
JUI wilh fISts lJllli kicked rtpeaudl)', Finally he
M1U handcuffed and laun to medical. Medical
noted only minor abrasions despite serious
injuries, He was Ihen taken to a confinement
cell.
Lottr lhal nlghl as the prisoner was
sleeping, lhe cell dOOf' 10 ,he secluded conjinemenl cel/ was suddenly opened and si!w:ral
guards rushed in. jerked Ille prisoner from Ihe
bed and began bealing and kicking him, )'tJling
and cursing t/wt he WIll pay for hilling a /tmale officer. n,e prisoner was beol uncanSciOIiS. Tltis was only Ihe begimting. For days.
at irregular limes, the prisoner finds Ilis cell
dOOf' Ihrown open and officers IWhing in 10
beal, kick and Sp(1 on him Usually a sen(or
ranking officer will be present parlicipating In
or watching Ihe beating. lie is laId he will be
killed ifhe complains. All his olligoing mail is
read and ctnsored by the confineme.m offiurs.
The prisoner ~as charged with assaull on
an officer. for allegedly hilting Ihe female offictr with his flSl s4l'tral times, knocking her 10
the graund. htcause she hod asked him to pick
up s~ paper on lhe groumi which he refused
to do. He is found guifry and all appeals were
denied. Wltr he was placed in CAl confinemenl for three )'tars where he is ctmstonl/y
rectiving new disCiplinary actions for fabriCOled infraclions by officer friends of the female officer, lengthening Ilis stay in confinementfor each infraction.
• Family mrmbers of prisoners who ailempl to complaill to prlSOI/ officials abollt
abuse are OftI'll Tlldely disregarded, told Iltey
beller mind Iheir own bllsiness, or that Ihe prisoners are lying 10 Ih,m about what happened.
Complainls in the pasl that hal'e been senl 10
the gO~'ernar 's office or other Slate officials
f,al'e often been n/trrtd back 10 Ihe FDOC to
f.ondle, whiCh mQlI often re/trs lhem bock to
Ihl! inslitution, which results l1l threalS or relalialion against Ihe prisoner, There is no eslablished independent camplaim pracess for
family members or friellds of FloridD prison-

"'The above are just a vcry few elCllmpies of .... hat is occurring in Florida's prisons
that the public is unaware or. The Florida Department of Correclions has operated as a
largely unaccountable and closed segment or
the criminal justice syslem in Florida for deeades. Correctional officers and prison administrators have been allo....ed to operate behind
closed doors, controlling Florida prisons llS

FLORIDA PRISON LEGAL
PERSPECfIVES
POBox 666-387
Chuluota, Florida 32766
Publiltlina Division at.
n-.._uc.u.."g~lIl*,-:'

A SOI(c)(3) Non Profit Orpniution
(401) l6l<l2OO

Web:

htlp:fhDc:mbers.aol~

FPLAO DIRECTORS

TERESA BURNS
BOBPOS£Y

DARRYL McGLAMRY
DAVIDW. BAUER. Esq.
FPLPSTAfF
N:IIIthIr TERESA BURNS
Editor
BOB POSEY
L.youtEditor JOHN OAKS
R.-dI SHERRl JOHNSON
BRIAN MORRIS
USA FAULKNER

Adr'r*I.......

TRACIROSE

--;--===FPLP ADVISORY BOARD

WILUA),f VAN fOYO::
PHlUP BAGLEY - SRAlON SJMlI«)NS
TERR.'! VAUGHN _MlCHA£l.l.-\MBIUX
AlJ,N J, COlTON - JAMES QlJlGLEY

JAMES TAn.oR - nJDlE ffiOKl'OWEJt
CARL WEU.S - GUlIN SMJTlI

MARX SHEKWOOD - EARN HOWARD
UNDA GOTTUE8 • SUSANNB M. MANNING
JANEPRATI - PAUL ADAMS
K1MBJ!JU. '!1'£OlIUlS • PnER Bu.KI'ON
JAMES NAJOR - ENRJQUi OIAZ
FLO.m" ""SON W)AL PDSJ'Ecm,'ES 10 pulIlIohM W.
-Wrb)' F\ori4o
Lop! A l d ~ toe., 1m2
E. CoIotUl 0._. Ooiuolo. rI 2U~" ...... 1wIdr. . Fl'Uo. ,
O. _ 66(1.2(1, CIou1IcKt, n. 22166.
fftI 10 • Nooo"". ~ ~ _ 1M F1IlrWa
P"'- UId ailIIiAaI juab OJ...... ..0 "'" p i of lJfO'fIdlooI •
wWdo l'or _
~ on4.-.-. oIl'ocdot pri-..
tholt fUnlli.., Mtftd
IDwd -.""" Iho .-oIl"'bIl< ot
FIorido on4 Iho u.s
ot crimo ...s rocl<li.l....
..lal_ot r....ilylW. <hil Ii."",, ........... ~ o t
- ' - - IIIIl opponuoiIln, PfIlIIlIlIIiolI ~1olI ...... _
b ,n-., onol ~~ or,n- oII\daIo,
.... . . . . . m.P;....pooI ... ~
n.
.. FrLP _ _ -w,. ,dIOa "'"
..... ot Iho ......._ IUII". PubIi<aIiooo or FPLP I, . .
...... by y.... lloo I'OId« 1lIOI
IlnoaP
~I.IIII.-.J
~
Ibt.
_,...
~ SIW.
no-

rn-.

~

au-.

-.-_""--.

1PU' ...... onol - ' " ' "
- - . . MIcla, __ ~ onol
~ Sobocripdoa ........

dol

--.or

or "'" _

WI

ruII~

Uria.. 0. • . . - . of

~~-=-

..a

I.I1II aaIl

..

•
lbtpoooiWll
1"•• ' .,.
of FPlJ' I'!'U".

Ibt..-

'-"-

..

..a_

FrLP-"""

....... io
_ _ ia
FrLP tool .., .....- _ _ OR 0Sc00iIl00I1a dol .....

NonCE
The inrOl;ftWl9n in this pillicabon ~Idc:s /lCWI
and .ClP'nlOll rrom VI.nOO.lS saurca and may not
provick IUITICIaI\ lIlrormatiorl ~ deal with a Iepl
pl"obIem. Neitha' the publisher, not suff, "'~
or ~IS the fUi~hty orthle inrormall;Oll in 1lI1l
pllb(ieatlOll for IIlSUlUUIl~ " " ' . . . . . .
...
atulnlCY or other knoYoied
penon in a dlSP.Ulld
ami IIiouJd be consul
ror ~ III IrpI
mas This publicatim should no! be relied on as
lull'lonlllJVe cilltion.

Page 2

fiefdoms where prisoners may be punished al
whim without oversight from the OUlside.
When conditions do become so bad
that attention is focused on the department, as
in the July 17, 1999, beating murder of deathrow prisoner Fronk Valdes, or as with the
abuse suffered before the alleged suicides of
Jefferson Correctional Institution women prisoners Florenee Krell and Christine Elmore. or
the torture of John Edwards at Charlolte Correctionlilinstilution before his alleged suicidc:,
the department has historically been allowed
to write the news releases and control whal
the public hears. And lhey are always
"isolated incidenls.,. Governor Bush even attempled 10 lell the publie lhe Valdes incident
was an "isolaled" cvent.
When state legislntors aUempl to
queslion the department to find out what is
happening in the prisons. the Ic:gislators themselves complain they arc lied to or stonewalled unlil something else demands lheir
attention away from thc department. And lhe
sc:c:recy is compounded where correctional
offiars and rooc staff are prohibited from
laJldng 10 the news media, or anyone oUlside
lhe department, about eonditions in the prisons, upon penalty ofterminlllion.
As the public's perccplion of crime
and the solution to the crime problem has
been distorted for political gain with who can
get "tougher" on crime, criminals and prisoners, on the inside of the prisons the conditions
have worsen to the point lh:!t il is almost a
guarnntee that those released will be worse
than when lhey enlered,
From the depanment's goal of rehabilitation of prisoners through education and
meaningful work while ineatterated in the
1970's, il went to warehousing and an intentionally created "'revolving door" to justify the
prison building binge of the 1980's and early
1990's. Now, unknown to the public, the depnrtmenl has been engaged for several years
in lhe neXl step designed to ensure thaI while
lhe crime mtes fall the prisons will stay full
and recidivism mtes remain at an all time high
in Floridll. That involves lhe use of sensol)'depriving, inhumane, solitary confinement on
thousands of Florida prisoners.
Confinement in such conditions that
have been repeatedly proven throughoul the
ages 10 be mentally and physically detrimental
to those exposed to it. Those who cannot adjusl 10 such eondilions are ollen further menllllly and physieally abused to the breaking
point. Even those already mentally ill thaI arc
coming to fill the prison beds paid for Wilh
Ulxpa)'er dollars are not exempl from such
incarceralion, worsening their illness in many
instances.
In lhe news reports following Fmnk
Valdes death at the hands of prison guards at
Florida State Prison (FSP), that (unusually)
gained national attention, I was disma)'ed to
nOle lIS the mainstream media coverage pro-

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

gresscd lhal the FDOC was allowed to focus
the mcdia's attention IllmosttOlally on Florida
Stllte Prison. Although at Ihe beginning, when
the FBI first announced il would invcstigate
abuse in the entire FDOC system, there was
hope that more eovemge would be given 10
other prisons where lhe conditions arc as bad,
or worse, as those at FSP. That hope began 10
fade as lhe department was allowed to rnanipulote the news media" and thus the public,
to focus almost entirely on FSP.
Of course, FSP has needed such attention for decades, horrible abuses have been the
rouline there for yellrs. But make no mistake,
the abuse is nOl confined 10 FSP. As noted by
the FBI, there appears to be a "subculture of
civil righls violations and physical abusc"
lhroughout the Florida Department of Correclions, but this has received lillie or no atlention.
Instead, the public is told through lhe
news media that while there may have been a
problem at FSP. this will be simply corrected
with a camem installed on the confinemenl XWing III thaI prison (albeil a camero tOlally
controlled by prison officials). No mention is
made of the fact that FSP is composed almost
entirely of solitary confinement Wings, where
libuse lind bealings also occur.
llte FSr warden lit lhe time Frank
Valdes was beaten to denth, James Crosby, Jr.,
notorious among prisoners (and prison stafT,
no doubt) for condoning abusive conditions at
numerous prisons, belatedly lold other FSP
staff to "stop acting like criminals," bUl denied
thaI he was at fnull in any way. And, Crosby
asserted. if there are really problems at FSP
(as if he was in the blind), then they will be
correcled, with the implicalion that will solve
All the FDDC's problems. In other words,
gullibly, do not believe lhe reports thaI abuse
is widespread in the system as a whole, and
gelling worse as the department shifts tQ abusc
as II management 1001 and scnsory depriving
solilary confinement as a primary method of
warehousing prisoners.
In one of the reports following Valdes' dealh, FOOC Secretary Michael Moore
staled that federnl investigators will try to
break do"" the "cullure of protectiveness" in
the prison system where officers arc unwilling
10 report abuse and violations by other officers. Nol acknowledged by Michael Moore (or
perhaps not even known to him) is that this
"code of silenee" penneates the system from
the lOp 10 the bottom, and not just among
"officers." You eilher play by the old rules.
keep your mOI.uh shut, look the olher way, or
you 1Y0n't work for the rDOC long, lhose in
senior positions or at higher mnks will make
sure of that. That is an integml and ingrained
aspecl of the department that it is doubtful
even Michael Moore can impact. The fonner
rooc secretary, Han)' Singletary, never
could, and finally gave up even trying to.
As the news media and politicians

have played the crime fear card to build and
keep filled the ever-expanding prison industrial/economic syslem from taxpayers' deep
pockets, with lhe ranting slogans of getting
tough on crime and offenders, the prison systems have gone from bad to worse. Many
prison officials and prison guards have IlIken
lhese senlimenls to heart, viewing the "gcl
tp,ugh on prisoners" rhelorie as a personal
mandate justifying verbal, mental and physical libuse of those in their control. After all,
prisoners arc now largely excluded from obtaining legal redress for abuse under new fed·
eml and state laws, and wilh lhe prison System a closed and secret society. and wilh pub.
lic sentiment so strongly against prisoners,
there is no eheck and balance to pTC\'ent
prison officials from mistreating this disenfranchised and despised class of people.
Adding to the problem, Florida prisoners have largely had a "planlation" mentality drilled into them so thaI the majority arc
willing conspiralors with their guards. Any
self respect or respect for others they may
have when they entered prison is quickly surrendered, because that is the way officials
want it. It's easier 10 control those who are
afraid to talk back. Even knowing that bealings and abuse is occurring in lhe confinement
unils, those in a posilion to try to bring altention 10 it won't. Some won't out of fear, some
out of apalhy, some dcceive themselves inlo
thinking it can never happen to them. even
when they arc certainly on Ihe future list for
same. Until prisoners begin sticking up for
themselves and olhers (as il now appears that
Frank Valdes WIlS trying to do, resulling in his
being beal to death), until thcy'geltheir people actively contacting legislators and the
news media, the system will only get worse.
I'd like to leave readers wilh these
thoughts. If lhe FDOC had been allowed to
invcsligate Fronk Valdes demh wilhout outside oversighl il would have been established
that he "beat himself to death,'- as the officers'
attorneys claimed. How many more in the past
have "beat themselves 10 death"? How many
other prisoners have been wrongfully beaten
or abused with such being covered up with
such weak and boldly cavalier lies?
The only reasons that Valdes' death
got the allention it did was because in February Govcrnor Bush ordered the FOLE 10 investigale any suspicious deaths or suicides of
prisoners in the FDOC, and because fonunaldy a few prisoners like William Van
Poyck and Michael Lambrix were not afraid
to speak OUI and try to alen those on the outside of whal was happening at FSP, which
coincidenlally followed a mull i-page May
30th special report on FSP and "X" Wing in
the Miami Herald by reporter Meg Laughlin.
However, the FOOC still does not
have any independent oversight in lhe hundreds of cases where prisoners may be beaten
almost to death or otherwise be subjecled 10

Page 3

;nhumnne conditions of confincmcnt at all
prisons. Our families and friends on Ihc outside must push legislators for an independent
oversight committee wilh some family memberw'friends of prisoners on il Illld with aUlhorily 10 emer any prison. speak to any prisoner
or st3fT member who cOnlacts Ihem, observe
the confinement conditions, and identify problems and assist in wor~ing to find solutions 10
conttt them. Florid3 prisons must be exposed
to the Sunshine of public scrutiny.•

hesitated to stand up and speak his mind
when he witnessed the physical abuses
here. Frank's outspokenness earned him
the wrath of these guards, who targeled
him with contrived disciplinary reports in
order to keep him isolated on X-wing.
This was not the first time Frank was
beaten, and his life had been threatened
on more than one occasion. On July
17 1999 Frank's refusal to be cowed and
intimida~ed cost him his life when on that
DEATH ROW EULOGY
morning he once again voiced objections
BY Willialll Van Poyck
to the prisoners around him being beaten.
Make no mistake about it, this was not
On July 17, 1999, my friend and codefenan "isolated incident." Briefly now the
dant Frank Valdez, was stomped and
public spotlight is shining on FSP and the
beat~n 10 death in his X-wing cell by a long standing physical abuses going on
large group of Florida State Prison
here. But it will all be for naught unless
guards. As FSP prisoners know only 100
fundamenlal, systemic changes are made,
well Ihis beating was uncommon only both in allitudes and policies. Staff at
because Frank actually died. And, bUi for FSP, like all organiUttions, take their cue
a series of evenls which led to the Gover- from the top down. For the past 18
nor becoming personally involved this months staff and prisoners alike have
murder would have been covered up just heard the message, loud and clear, thnt
as so many other bemings arc. Nine beatings arc acceptable, encouraged, and
guards (a captain, five sergeants, and will not be investigated. This consistent
Ihree C.O.I's) have been suspended. The failure to investigate complaints of beatF.D.L.E. is investigating and the state at- ings goes right to DOC central office in
torney has publicly labeled il "a clear Tallahassee. And, with prisoners' access
case of murder." Search warrants were to the courts severely restricted by state
executed and evidence seized from Ihe and federal legislation, combined with
guards homes. Charges are expected to be and increasingly hostile attitude by the
brought. Now, the FBI has joined the judicial)' towards "prisoners' rights",
case, expanding their probe to the entire prisoners have no real recourse or remedy
DOC, "based upon Ihe large volume of
wilhin the system. Those compelent, probellting complnints they have received fessional correclional officers within the
prior to and subsequent to" Fmnk's mur- ranks who are nOI down with the bealing
der.
program clearly see which way the politiPredictably, the guards' allomey, while cal winds blow, and they realize thal any
admitting that" a terrific fight" occurred objections therelO are detrimental to their
in that cell (where guards used 3 cans of careers. They remain silent, or quit. Thus,
pepper spray, a lear gas grenade, and an Ihal core group of undisciplined guards
electric stun shield on Frank), has who Ihrive on these, and other illegal acclaimed that Frank's injuries were all tivilies, end up running the prison by deself-inflicted. Autopsy results showed fault, being promoted for their deeds and
that every single rib in his body was bro- spreading their virus fm1her. Unchecked,
ken and his testicles were crushed. Boot as with any sickness, such actions lead to
marks were clearly visible on Frank's totallakeover of the host system. This, of
body. The attorney cynically maintains course, is commonly known and unde~.
that th~ ribs were broken when guards stood by prisoners. A generally apathellc
valiantly perfomled CPR for 40 minutes. public understands liule and cares even
Also predictably, the attorney has labeled
less. Yel unless the public, through their
Fronk as "an animal", a "serious troubleelected officials, demands more Bccountmaker" lind an "extremely violem disciabililY, and begins to question the entire
plinary problem".
existing system and structure, prisons will
Fllr from being an "animal," Frank was continue to be powder kegs reminiscent
an intelligent, thoughtful man, who never of the 1960's and 1970's, with predict-

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

able and inevitable results.

CHANGES IN TOP
MANAGEMENT
POSITIONS QUESTIONED
Some black legislators in Florida have questioned some of the changes
being made by the Department of Correction's CFDOq new secretary. Under Michael Moore, who was appointed by
Governor Jeb Bush earlier this year to
head the department, senior management
positions have become even more white
male staffed. And Moore has ordered a
scaling back of a program designed 10
help more women reach management
posilions within the department.
Shortly after taking over lIle top
FDOC position Michael Moore has been
replacing mnny of those in top manage·
ment posilions al the depanment's central
and regional offices. The percentage ~f
white males in senior management pOSItions has risen from 65 10 78, while the
number of black male senior managers
has fallen from 7 to 2.
State Rep. Josephus Eggelleton
(D) said those numbers were
"devastating." He commented, "n·~t says
to me Ihat Mr. Moore is insenSllive to
minority hiring." Moore defended the
numbers by Slating that il is too early in
his tenure to judge his hiring prnctices,
and Ihat the departmenl is in a state of
flux, and that those numbers will fluctuate as he continues to make changes.
In South Carolina, where Moore
headed that state's DOC from 1995 to
1998, Sen. Kay Patterson, a black Democrat, said he complained about similar
changes that Moore made in that state's
depanment of corrections when he took
over. In comment to the changes thaI
Moore has made in Florida, Panerson
said, "Ya'lI gOI heU on your hands. Mike
will take you back to the plantation." A
resulting study in S.C. showed that
blacks were more than twice as likely as
whiles (0 hold the mosl dangerous prison
security positions, and whites more likely
10 start at higher pay than blacks.
Moore says that he inherited a
racist system in South Carolina and that
he felt allacks on his record were political
motivated. He commenled, "I get emotional about this. My detractors in South
Carolina unfairly played the race card 10

age

politically hurt me."
Florida Rep. Alex Villalobos
(R), chairman of the committee that oversees the corret:tions budget, said that
Moore should be held accountable at the
end of the year.
[Source 11tt F/Mida T,mes·Union llI2I'}9J •

FDOC CHANGES

centage of male guards at Hernando and
Dade CI MIU will be transferred to other
male prisons in the region.
• FOOC Set:retary Michael Moore
said earlier this year that he plans to move
HIV positive prisoners to special AIDS
prisons. Moore said that the segregation
would result in beuer care and earlier
drug therapy intervention. While head of
the South Carolina DOC, Moore ordered
HIV testing and segregated prisoners testing positive to a wing of a maximum·
security prison. More than 2500 Florida
prisoners are currently identified as having AIDS.
• The responsibility for reviewing
and overseeing the inmate grievance procedures has been moved from the
FDDC's Office of Ihe Inspector General
to the FDOC's Bureau of Legal Services.

Haven CI are operated by Wackenhut.
The ACLU settled a similar lawsuit
during May against Correctional Services
Corp., which operates the Pahokee Youth
Development Center for the state Department of Juvenile Justice. That company
agreed to release thousands of pages of
records concerning the ueaunent of juve·
niles at the facility and agreed to pay the
ACLU SII ,400 in coslS and attorney fees.

•

• The Florida Department of Corret:tions (fDOC) has went from five reCOMMENTARY
gional offices to four. Each region also
has a new regional director. The ProbaSEE THIS BADGE, GIVE UP
tion and Parole offices have been divided
THE DONUTS
into four regions also. See Chart in this
issue.
During June, Florida Oepanmcnt of
• The department has also made
Corrections security officers finally got
institutional mailroom and Colonels'/
badges to wear on their uniforms. This
Majors' Clerk positions civilian staffed
move was taken 10 make them appear more
posifions. There is talk of making all the
professional and more like actual lawenwarehouse and canleen officer positions
forcement officers. While the badges may
ACLU SUES WACKENHUT make some officers feel more professional
civilian jobs also, but that has not been
finalized. Some institutions are using a
and serve as a reminder to act more reDuring June the ACLU sued Wack- sponsible, some officers may allow the
pilot projet:t of changing officers' shifts
to: 6AM to 2PM, 2PM to IOPM, and enhut Corrections Corp. after that com- badges to go to their heads and make them
lOPM to 6AM. This mayor may nOI be pany refused to hand over internal records believe that they are on the same profesadopted statewide depending on the re- concerning the operation of South Bay sional level as police officers. The badge
Correctional Institution a privately oper· does not make the person, however. As
sullS of the pilot projeclS.
• II is also suspected that there ated prison located in 50mh Florida_ The long as the Depanmenl of Corrections con>cveral changes in wardens at in- ACLU is seeking a court order to compel tinues to hire anyone who applies for ajob
will
stitutions. This was being looked at in the Wackenhut to tum over documenlS con- to try to keep positions filled with the 33
FDOC central office before the murder of cerning internal investigations, evalua- percent employee turnover rate, the addifrank Valdes at FSP on July 17, 1999. It tions, personnel files, warden memos and tion of a badge will nOI make much differis expected that there will be some retire- other records from South Bay.
ence.
The lawsuit also claims thai Wockments and possible firings. There has alFor example, just three weeks after
ready been a shakeup among the staff in enhut is trying to cover up records of sex- the new badges were given to officers, one
the central office in Tallahassee following ual harassment, abuse of prisoners, and used the DOC badge 10 get a discount 1Il a
Michael Moore becoming the new FOOC other allegations at the Palm Beach restaurant and gOI caught.· We can see
secretary. More changes in the central County facility. The ACLU claims thaI some of them now going back to the Jiffy
office can be expected. Once the moves Wackenhut is subject to public record Food stores, their former places of employ·
settle down, FPLP will try to get a listing laws in producing the sought after records ment, and Irying to use the badge to get
because the company has completely as- free sodas and food. Just imagine ifcorrecpublished of who is in what position.
• Former FDOC Secretary Rich- sumed the Department of Corrections' tional officers are allowed to carry guns in
ard Dugger is back and has been serving governmental obligations to incarcerate public, which is what they want next, they
as the Deputy Assistant Secretary of In- prisoners. The ACLU became concerned will surely be trying to arrest people. Can
stitutional Management in the central of- about the operation of the facility after you imagine a high speed chase with these
reuiving several complainlS of abuse Keystone Cops shooting up everything on
fice.
• Good news for female prisoners! from prisoners.
the road. What a scary Ihought.
After two years of working with the FlorThe attorney for the ACLU who
[°Soutce.. The flL PBA CDnfftions Rev_.
ida Corrections Commission to get it, Jef- filed the lawsuit stated that Wackenhut's July/Aug 991 •
ferson CI was finally converted from a "intent is to frustrate the public's access
female inslitution to a male institution. to how taxpayers dollars are being spent
THE RETURN TO
The women have been transferred to Her- and how the prisoners are. being treated
DRACONIAN DAYS IN FDOC
nando CI and Dade CI Main Unit. The or mistreated." The lawsuit al50 claims
By Mark Sherwood
Youthful Offenders who were sent to that Wnckenhut is earning excessive profDade CI Main Unit last year have been its at the prison, which is one of five priMedical and psychological experisent 10 Hendry Cis Main Unit, which will vately operated prisons in Florida, two of
become a CM prison. A significant ,per- which including South Bay and Moore mentation of Jews in Nazi Germany; cap-

•

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

Page 5

riviry in bamboo cages, tonure, starvation.
isolation of American POW's in Korea
and Vietnam which resulted in insanity
and long lenn mental defects. Atrocities
in hislory, which shocked, repulsed and
outraged this nation's citizenry. However
similar treatment today of men and
women housed in Florida prisons' Close
Management (CM) units is not merely
condoned but enthusiastically encouraged
by prison officials.
Florida lawmakers have been steadily
moving to implement harsher punishments for convicted felons. In addition to
longer sentences with minimum gainlime allowances, the living conditions of
confinement in prisons throughout the
State have steadily become more inhumane.
Planners for the Florida Oepanment
of Corrections (FOOC) have discovered
an expedient, cost efficient method 10
house more inmates with less expenditures for security, medical care, inmate
activities and educationaVvocational programs. This discovery came in the form
of pre-fab "Tee" buildings which began
springing up in Florida prisons in 1995.
Each Tee building houscs about 258 prisoners and was constructed to the same
exact specificalions devised by FOOC.
These units were designed for maximum
security where prison inmates spend all of
their lime in permanent lock-down. The
cells consist ofa 6-foot by 9-foot concrete
floor area. two steel bunks, a steel toilet
and sink. The small windows are covered
with corrugated panels, which prevent
prisoners from seeing oul of their cells.
Allhough the units were initially
meant for use as general population housing, Florida's recent decline in inmate
population and funding has altered that
plan. Prison officials are now escalating
the movement of "CM" prisoners into
these units where a prisoner is housed virtually without leaving his small environment. The only time a prisoner leaves
these cells is for five minute showers
three limes a week and IWO hours a week
in an "exercise yard" which consists of a
fenced in cage measuring approximately
24 feet by 17 feel, this only when security
allows,
Placement of prisoners in CM has
enabled FOOC to reduce manpower expenditures due in pan to the suspension of
educationaVvocational activities and by
severely limiting prisoner movement. In

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

each unit over 250 prisoners are secured,
at times, by as few as two correctional
officers per eight-hour period.
In the past only the State's most violent criminals were housed in CM units,
however today because of a statewide
move to creale these units in virtually
every major institution and Ihe lack of
sufficient numbers of truly dangerous
prisoners to fill those newly constructed
units, FOOC officials have begun to place
prisoners in CM units as a result of such
heinous infiuctions ranging from "dirty
urine" samples (detection of drugs in an
prisoners urine analysis], to the pilfering
of sandwiches from food service kitchens,
along with other minor infractions, which
until recently would result in shon periods of confinement or extra duty as punishment. These infractions now result in
placement in CM units for up to three
years or more where the general population and correctional officers can be
"protected from such dangerous behavior," according to the FOOC,
Since the inception of CM units in
Florida there has been a great deal of discussion abOUI CM confinement problems,
such as, poor food preparalion and handling, harassment, assaults by correctional staff, and generally poor living conditions. While these problems need to be
resolved, very little attention has been
given 10 the adverse psychological and
emOlional affects eM confinement has on
prisoners. The fact is that an- inmate's
psychological well-being is arbitrarily
disregarded by FOOC for the sake of departmental cost CUIS, FDOC's response to
this charge thus far has been 10 claim that
CM units are not a form of punishment
but are merely a classification tool. However, the facts disprove this position.
A prisoner who is "classified" to a
CM unit is denied contaci visits with family and friends and only can receive family visits through specially constructed
cages only after months or lockdown,
then only if he has been free of disciplinary infractions; no food itcms nre allowed to be purchased through inmale
canteens to supplement the inadequate
diet, purchases of personal hygiene items
and writing materials can only be ordered
once a month; a total of 15 minutes a
week to shower, alloned in three 5'minute
periods; outdoor access for two hours a
week in caged areas, for some inmates
this is complele with leg irons and hand-

cuffs. These are just a few of the punitive
conditions applied to CM inmates under
the guise of a "classification 1001",
The overwhelming number of prisoners now being classified to CM units do
not fall in the extremely limited calegory
calling for this harsh treatment. The results
of which are:
Substantial mental deterioration in a shon
amount of time. which makes inmates
more impulsive and uncontrollable, This
sends them funher and further inlo the
belly of the beast with no way out.(I)
The facts indicate that CM prisoners
suffer adverse psychological effects which
studies have shown cause insanity. FOOC
is arbitrarily imposing these men!ally
damaging conditions on literally thousands of inmates for the sake of the FDOC
economy.
During Ihe early 1800's in New York,
a prison system was devised called the
"Auburn System", This system was based
on isolation and silence much like the CM
units now being used to house prisoners in
FDOC. However, the system failed partly
because the rigid rules and isolation drove
inmates insane.(2) Based upon these facts
the question must be asked, Why then is a
system that was found [0 drive prisoners
insane, therefore disbanded nearly twohundred years ago, being used by FDOC
today?
Throughout the 1960's and 70's, psychological experimentations were performed on inmates in Amcrican prisons
with disastrous results. The results of such
an experimem were addressed in an article
written by Jessica Mitford in a 1973 Harpers magazine article entitled: "The Torture
Cure: In Some American Prisons, It Is Already 1984." The revelations in that aniele
are credited with contributing to the end of
radiation and honnone experiments on
prisoners in Oregon,(3) However, the
main thrust of Mitford's anicle was to expose the usc of prisoners as "lab rats". A
comparison depicting results of an experiment perfonned on college students designed 10 test the affeets ofisolntion on the
human mind was revealed:
College students volunteered and
were paid 20 dollars a day to live in tiny,
solitary cubicles with nothing to do. The
experiment was supposed to last at least
six weeks, but none of the students could
take it for more than a few days. Many

Page 6

among the vivisection experiments conducted by Nazi doctors.(7) The same
work of these discredited Nazi doctors is
being carried out in the physically and
mentally abusive CM units throughout
Florida masquerading as "classification
tools" today.
Despite this voluminous credible inMs. Mitford funher commented in a formation FDOC has made no move to
subsequent imicle, in Harpers, "Kind improve the conditions in CM units, in
And Usual Punishment: The Prison Busi-. fact they have not only increased the conness" (1973). In a chapter detailing psy- struction of more CM units and increased
chological experiments on prisoners, she movement of prisoners into those units,
qUOles a 1970 prophecy made by then but have steadily made the conditions bedirector of the U.S. Bureau of Prisons, come more "draconian" and "cruel."
Prisoners now being exposed to these
Dr. James V. Bennen, about prisons in
conditions have recently lost the only avethe year 2000 AD:
nue available to them to seek redress from
In my judgment the prison system the inhumane conditions and the psychowill increasingly be valued, and used, as a logical deterioration they are suffering in
laboratory and workshop of social FDOC CM units. This relief was in the
form of civil rights complaints [USCA 42
change.(5)
section 1983] which once could be filed
Florida's CM units are a part of to- with the federal courts to allow the review
days reality that Dr. Bennen envisioned of such claims.
nearly thirty years ago.
The Prison Litigation Refornl Act
In 1991 the Human Rights Watch (PLRA), enacted in 1996, is compelling
described FDOC's model CM unit known evidence that the federal government was
as "X" Wing located at Florida State aware of their potential liability in the rePrison (FSP) as "a panicularly glaring sults of prisoner's placement in conditions
example of.. .a maxi-maxi [maximum such as Florida's CM units. The PLRA
security confinement cell] with condi- effectively precludes a prisoner from
tions particularly difficult to bear." They seeking redress of mental or emotional
concluded that incarceration there conditions resulting from isolation units
"clearly amounts to corporal punishment (CM), unless he can also prove physical
explicitly prohibited under the U.N. Stan- injury. See: Adams \'. Highlower, No.
dard Minimum Rules for the Treatment J:96-CV-268J-G (N.D. Tex.
of Prisoners."
Sepl.25, 1996). As federal officials corJack Fevurly, a retired federal prison rectly surmised, this will not bc possible
administrator for a 10-state area, studied due to the intemal unseen affects of psyX Wing in the early 90's and wrote a re- chological damage.(6) Almost diabolical
port that said it was not up to national in its design, this provision of the PLRA
correctional standards. He described it as effectively prohibits lawsuits stemming
"draconian" and "cruel.'· Recemly, Fe- from the psychological tonure rampant in
wrly said: "It is still not up to these stan- Florida prisons.
dards. Inmates should have minimal
Arguably, in addition to FDOC's disthings-like five houn of exercise a regard for prisoners physical, emotional
week, books. a place to write, a time to and mental well being, one of the most
go outside. If you take too much away ilTesponsible aspects of FDOC's use of
they become so severely impaired they're these units is Ihe practice of releasing
a bigger problem when they gel out then prisoners directly from CM units, at the
when they came in:'
expiration of lheir sentences, into society.
History shows that isolation experi- Critics have suggested that FDOC create
ments involving prisoners at Dnchau were a program that would afford a prisoner
time to adjust before being released into a
communal society and offer psychologiWtb Plgt Addrul:
hllp:J/mrmbrrs.•ol.romlrplplrpl p.hlml
cal therapy. Under the present system a
£.om.il Addrrss: rplp&tol.C1lm
newly released CM prisoner finds himself
Ttltphonr: ('-07) 568-0200
one moment in a tiny cell having not in-

experienced vivid hallucinations-one
srudent in panicular insisted that a tiny
spaceship had got into the chamber and
was buzzing around shooting pellClS at
him. Some of the adverse effects lasted
for at least a year after they came out of
the deprivation chamber.(4)

F.P.LP. VOLUME 5, ISSUE 5

teracted with other humans, for in some
cases years, to be suddenly thrust into
society and expected to function normally. Not only is this practice guaranteed to result in a newly released prisoners failure to successfully adjust in soci·
ety, but exposes an unaware public to
emotionally and menially unstable men
apd women who have been recently released from CM isolation units. These
prisoners can only be described as
"walking time bombs".
Two Florida prisoners, housed at
FSP, William Van Poyck and Enrique J.
Diaz, have experienced the depraved conditions first hand of FOOC's CM units,
and were the first to begin an attack of
FDOC's isolation eM units in an attempt
to improve treatment of prisoners through
the use of Florida's grievance procedure
and finally in civil rights complaints filed
in federal coun. SEE: Bass, Bean, Dia= &
Van Poyck v. Singletary, Case No. 963095 (11th Cir.); Diaz & Van Poyck v.
Singletary, Case No.96-3495 (11th Cir.)
In the past they have gained some
success. William Van Poyck, in 1993,
settled out of coun with FDOC as a result
of one such suit. Van Poyck challenged
what he called overly harsh conditions in
solitary confinement, suing the FDOC.
The FDOC, rather than risk a coun banle,
agreed to settle with Van Poyck for what
his lawyer said was about $45,000 to
S50,000. However, the enactment of
PLRA in 1996 forecloses review to prisoners seeking relief from the debilitating
mental and emotional effects of their
placement in CM units. Van Poyck and
Diaz for many years have raised complaints of the conditions being addressed
today. William Van Poyck has been in
the unique position of being housed at
Florida's most infamous prison [FSPl and
experiencing first hand some of the system's worst human rights violations on
"X" Wing.
The inhuman treatment described by
these men in their suits has recently been
validated in the wake of the beating death
of Frank Valdez by guards at FSP. This
occurrence is in no way "isolated" as
claimed by Governor Jeb Bush, prisoners
comcnd it exemplifies the everyday abuse
inflicted by FDOC staff throughout the
slate. Daily in the federal courts of Florida, numerous civil right complaints have
been filed describing beatings and general
abusive treatment of prisoners in CM

Page 7

units and open population, however.
most have been disregarded by the courts
as "frivolous" complaints, or been lost in
the flurry of litigation now being lodged
against FDOC by its prisoner's.
Medical expens have proven that the
rype of conditions imposed on prisoners
in FDOC CM units results in emotional
dysfunction which ultimately drives a
prisoner insane. Critics predict that due
to the long term adverse psychological
effects resulling from CM units, a grow·
ing number of recently released eM pris·
oners will tum to violence when faced
wilh the daily stress of society, harming
innocent ·...ictims who are unaware of
FDOC's "time bombs". These prisoners,
who in 1II0S1 cases entered the prison sys·
lem mentally sound, now face release
into society unstable and forever scarred.
Endnotes
II) ,\!l(Uftl 1/troId ~x~ Wing. B) Mel Laugh·
hruMl:UTl1 IImld SulfWnla. Sund3} edillon. May
30.1999
(2) World &oi £llC)d,¥dJll. Vol 16. pili

PIlSOftSoflhc: 1100's.
Ps)'d,oIogul PfI)'S prlt't to Slop apm·
~1/1.S, ~ Karen Dom Steele. The .5:poI:ww
WI, June 19, 1994, pAS.
(J)

R,..'_.

(4) -1ht T",,,,,., CUl';!. • P 2S. Prison Lcpl

Nell'$.Aprlll999
(S) ~K",d al'ld Unusual PunlJhml'nl. p 130,
qllOhngllennelt's book. I Chose Pilson (1970)
H

(6) CrjmlnallnjuJIIc.-: Confronmrg llie PrlJon
CrUu. f:d Elihu Rosrnbl.ll. South End I'ress, Bos-

Ion 1996, p.SJ.
(7)

hers, 60 percent concerned transfer re·
quests, 12 percent concerned medical problems, 9 percent concerned general problems, 9 percent concerned safety of prisdner problems. J percent concerned visiling
problems, and only J percent concerned
crisis situations.
Legislators make the laws that the De·
panment of Corrections must follow, They
also influence a lot of the policies adopted
by the depanment. Unless legislators hear
from prisoners' family members, friends,
and loved ones on what the problems are in
the system, the only voice they hear is the
department ·s.
Many legislalors are sympathelic to
genuine Ilnd valid compillinls, especially
from taxpayers and constituents. Many legislators complain that since prisoners' fam·
ily members seldom conlnct them they do
nol know the problems thai they experience and have nOlhing to point to that a
problem exists to justify legislation to correct same.
The FPLP staff urges prisoners and their
families to contact lawmakers more often.
They are there to help, they have a responsibility to assist all citizens in dealing with
other branches of Florida govemment on
legitimate problems.
Family members, friends, and loved
ones may obtain their area legislator's
phone numbers in their local phone books
(Usually in the from "Blue" section), or
wrile to legislators at the following ad·
dresses:

Honorablc (Scl/Clfor)
Setl(Jfc Office BIII/(ling
Tallahassee. Florida 32399·1100

Ibid, pJ2S. •

or

FAMILIES, FRIENDS, AND
LOVED ONES OF FLORIDA
PRISONERS NEED TO CONTACT STATE LEGISLATORS
MORE OFTEN
According to a survey of state legis·
lative assistants conducted by the Florida
House Corrections Committee recently,
prisoners' family members only contact
individual state legislators an average of
2.21 times a month. Such contacts only
amount 10 6 percent of the total contacts
from the public thnt legislalors receive
each monlh. Of that small number of
contacts from prisoners' family mem-

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

Honorable (Representative)
House Office BUilding
Tallahassee. Florida 32399.

FCC MANDATES RATE
DISCLOSURE ON PRISON
TELEPHONES
Effective October I, 1999, the Federal
Communications Commission (FCC) has
new regulations going into effect requiring
the disclosure of the rates that conSjJmers
will actually pay for accepting collect
phone calls from prisoners. These new
regulalions, codified aI 47 C,F.R. sec.

67.710, "Operator Services for Prison
Inmale Phones," provides that prison
telephone service providers for oul of
stale calls shall identify to consumers
before accepting such call how they may
obtain rate quotations for Ihe call by dial·
ing no more than two digits or by remaining on the line for a recorded meS·
sage on same.
The regulations also require such
service providers to inform the consumer
(those who receive calls from prisoners
in another state) how complaints may be
liIed concerning such rates, charges or
collection practices.
After October I, 1999, if prison
phone providers Ilre nol disclosing this
informalion in phone calls, prisoners and
those who accept such calls should complain to the FCC, pri~on officials, and the
phone service providers alike. fCC complaints should be sent 10:
FCC

Commoll Carrier Bureau
Enforcement Division
COlISlimer Complaints, Stop 1600 AZ
Washington DC 20554
(Soum:- Prison L..cp1 NC\\"$, 1lI99) •
(CD#ltur~dD#lpagr

11)

PRISON LEGAL NEWS
"Pemaps the most detailed journal deseribit'B
Ihe de\'e!opmenl of prisoo law is Prison Leg,id
News." - Mnrti Hiken, Direclor Prison Law
Projecl of the National Lawyers Guild.
PLN is 11_24 page. monthly magnz.ine,
published since 1990. edited by Washinglon
Slale prisoners Paul Wrighl and Dan Pens. Each
issut is packed...with summaries and analysis of
recenl court rulings dealing wilh prison riQhts,
written from a prisoner pcrspeeti\'e. Also
included in each issue are ne....'S ankles dealing
with prison.r'C:lat-Wlrnggle and aClhism from
the U.S. llrld around the world.
Annual subsaiptioo rates llrC SJ.5 for
prnoners. If)'011 cllIl'tllfford 10 send SI.5 at oneco
send Ilt least S7.50 lUJd we ....il/ pro--rale )"OUl
subscription al SI.2.5 per issue. Please send no
less than S7.50 per donation. New (Unused) U.s.
po5lage Slamps may be used as payment.
For non·ineat'Cml1ed
individuah, the
subscription nuc- is SlS/)T. Institutional
subscriplions
(for allorneys, Iibtaries,
government agencies. non·governmental
organizations. etc.) are S6OI}T. Sample copies
are available for SI. ConlaCt:
• Prison Legll News
PMB 148

2400 NW 80th Street
Seatlle WA 981 17

Page 8

NOTABLE CASES
by Sherri JohnsDn .., BrIM NIonis
Voluntary Intoxication

Defense Comes to an End
Criminal defendanlS wnvicted of specific
intelll crimes commined on Of after Cktobc:r I,
/999, may find it difficult, if not impossible, 10
present evidence in support of lilly voluntary
intoxication defense. In olher words, the Florida
Legislature has announced thlll, clTecli\'c
-ck1Oba I. 1999
Voluntary ("/luica/ion rrsuliing lrOl1l the consump/jot!, Injcelion, or olMr use of alcohol or
olMr cOlI/roiled .rubs/on« tU dtscrl~d in chapler 89J. FlorIda Sialutes, Is nm a defense fO any
M

:

ojJC1IJC proscribed by law. I::videnre oj (J defendant's \'olunlary Inun/cotlon is not admiJSlb/e 10
!haw lool/k dcJendant klf:hd lhe specific intent
/a commif an offe~ and is nol adm/u/ble 1a

1m

show that
defendant wos Insa~ 01 lhe lime QI
the oJJe~. aupl ",hen 1M consumption. injecI/On, ur use ofa con/rolled subs/onre IInder cJwp{er 893, Florltin Slatllles, 11'aJ' pursllam IfJ a lawful prescription issued (a thc tkfimdall/ b)' a
proctltloner aJ' t/eflned in s, 893.01, Florida StatIlles, S«Ch. 9P-1N. § /, ot687, LawsofFla,

Sex Offender Publicily
Undercuts Voluntary Plea
On June 13, 1991, Broce BriM Wiita entered negotiated guilty pleas to ooe count oflewd
II$$!IJlt and one coun! of ~ua! activity with II.
child. (}.'er six years later, Wiita presented a
successful claim that the voluntary character of
his guilty pleas ""'tre seriously undercut by the
retroactive reponing requirements of section
943,0-135, Florida Statules, Scctlon 943,0435, F,
S, enacted October I, 1997, ~requires persons
convieted ofsexual offenses to repon to the Florida Department of Law EnforttlTlent (FDLE),~
Shortly after Wlitll's complillrice with the Statutes
reponing rcqulremenlS, similar to what the
FDOC docs with all felony offenders in ilS custody. the FOLE "posted his ~me and photograph
on the Internet as a sexual offender,~
Wiita mO\'ed for pGStcon\'ictlon relief
claiming Ihat "because s«tioo 943,(10135 WllS nO(
In effcct at the time he entered his plea .:Igrttment, LIle reporting and publication requirements
of the stlllute were neither contemplated nor
made a part of his plea agreement." A hearing
was conducted wheteupon Wiita testified that he
entered the plea to protect IUs wife "from the
publicity and strtu lI5SOCiarcd wilh a 1Iial:' Wiil.il.
claimed LIlat he woold not ha\'e waived his righl
to Ilia! had lIe known that "his name and photograph would be posted on the Internet, that his
children's school would ha\'e to be notified that
he was a sexual offender, or that his name would
be published as a sexual offender in a local newspaper," Findmg Wiita's plea was not enteled wilh
an undcnlllnding oflhe consequences of the plea,
tile Hrmorable Harold J. Cohen, Judge of the
Fifteenth Judicial Circuit Coort in Palm Beach

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

County, Floridll, granted Wiita's motion, The State
appealed,
On appeal, the State argued thllt Wiita should
not be al1o""'td to withdmll his plea because "he
failed to show that a manifest injlJ.'itice occurred,
Additionally, pointing to numerous cases to suppon
its position, the State argued LIlat Judge Cohen
abused his discretion hy gllInting Wi ita's post conviction molion "because the fCJl'Oning requirc:mems
of section 943,0435 should be considered coll::tterul
in nlUure." The Founh OCA found thllt the numerous C4$CS cited by the State ~do not specifically
address ""hemer a defendMI'S guilty plea was entered knowingly and voluntlUily when a law eontllining reporting/registration requirements is subsequcntly enacted and applicd rettoacti\'c1y," More
importlllltly, the DCA found that "(al manifest injuslice occurred in this case because Wiiln ga\'C up
his tight to a jury !tial to avoid publicity and s!tt'SS,
yet \\'11. subjceted to the pUblicity and StiesS he
wan led to B\'oid by a stalUle enacted six )'ears aller
the plea agreement Il'lIS enlered into:' Sec: ~
YllilB. - So,2d -, 24 FLW 01523 (Fla, 4th OCA,
6-30-99),
fCommtnt: According to thc FDOC Annual Rcpom on Inmote Adnr/nions: 1,0188 scxual olJenden In 1995--96 ond onother I, 31 scxlIQI olJcndttT In 1997-98 ",'Ut admJfttd to thc FDOC't
cus/od)', Based solcl)' on thtsc stQhtt;C$, it 0ppcQrr
SQfc to asmmc thQt Q hugc Ill/mbtr of hOSt!, Qml
nllmerOltS ofher, scxl/ol offtndt!n committcd rhcir
olJensu Ilntl t!nlt!ud pitas prior to October I,
1997, thc clfertil'c dOlc of stetlQn 9.f3,0435, F.S.
Llkc "'Wo, II lorre number of Ihosc olJtndtrr
prohubl)' cntered guilty or 110 conlest pIcas crroneously belJ~'ing il ""o/lld be Ihc lIesl way to qllictly
bmlh the fQcts of thclr cast{$) IIndu fhc cotpct,
tht but Ii'oy to kup a low profile, Ihe but way /0
Ql'oid 0 101 of embatrastlng publicit)" Also IIkt!
Wi/til, )'011 con bet thllt tht retroacril'c uporringl
rcgistration rcquiuttlenrt ofsution 943,04J5 slIrc
wasn'l contemplated whtn thclr picas !>'crt! cn·
Itrcd. Slgnijlcanll)', Octobtr I, 1999, 1i'1II bt rwo
),can slncc !Cction 9/3.0./35 was enocwl. In olher
worlls, t!IJI!. October I , 1999, Ih.. two ycur limitation rtqllluml'nt of Fla.N.Crim.P. 3,850 mil}' bllr
relicfan clalfIU similllr 10 Wiita's.----bmJ,

Guiding "IF" Analysis
This case began Ilhen thc county court in
Highlands Counly sentenced James Kerklin on lwo
misdemeanor counts to consecutive one yellt county
jail terms, "Ketktin absconded six month Intel, and
the pollee arrested him 01\ an unrelated fdony
charge in Mlltcn 1998 ~ The coonty coun ordered
Kefklin to complete lhe bal:mcc of his county jail
misdemeanor sentences, The circuit coun Imposed
alhiny-thrte month Slllie prison tcm on the unrelated felony charge Not surprisingly, without al·
lowing him to finish the service of his county jail
sentences, KerkHn was lI1lIISfelTed O\'C! to FDOC
custody, The problem arOSC' when, wllh intent to
eventually bring Ken:lin back 10 complete the service of his county jail sentences, the HighllLlldS
Count)' Sheriff lodged a detainer ogainst hinl at the

moc.
While incarcet1lted III Avon Park Cometional
Instilution, Kcrklin requested the Second DCA to
issue a wril of hnbeas corpus dlrccting the Sheriff ot
Highlands County to relt:ISC him from the dellliner In
his petition, citing "lhe gencraJ prinCIple thut pflsoners havc a right to serve their sentences m one continuous welch:' Kerklin argued that the Sheriff hat.
no Inwful uUlhority 10 transfer him b~k to lhe count}
jail. The Second DCA, finding thaI il was "withoul
jurisdietion~ ov.tr the matter and "that the coon hcst
suited to address Kefklin's petition is the trial COUlt in
the Tenth Judicial Circ:uit, which is where Avon Plilk
COlTeetional Institution is located:' denied Kerkhn',
habell.S petition, Ho\\'t\'er, appnrcntl)' agreeing t('
some C)llcm with Kerklin's position, lhe denial 1"15
"without prejUdice for KerkHn to reme the petition in
the Tenth Judicial CifCllit." Significanlly. rothet than
the normal denil1 without ptejudice, the Second DCA
did emet a \\TiUen opinioo 10 provide lhe Tenth Judicial Circuit Coun "some guidance":

if KuHin filcs

a PftitlO'1 for Mbcas corpus m

Ihe tril1l C01"I, rtliJing Ihese some is.rJ<eJ, lire mal

court InuSI firJt es{abluh whethcr KuJ:lm:r ollega·
tlons are supported by 1M stnti.'ncmg documefl/s, 1/
Kerklin's al/egotlons are lTl/e, IMn lhe IrIol COllrt
shauld rt'\'lew lhe circuit caurt '5 thirty-three month
DOC Jefl/Bnt%, 1/ tM circuit COllrr ordered IMf 1M
DOC sefllence 11m concurrenlly wllh tilt' emlt/f)' lOll
Je/1/i.'nce, II \I'(1II1d (;Ippear Ihat Ihe deralner lodgrd by
lire Sherif/should be qrmshcd,
1/ tile jrldgmenl and senlma d~s nat refltCI
IMI the cifelllt COUri ordered 0 concurrent srnlenCl'
,1 15 clear thot It 1l'aJ' error 10 lransftr Kerklm to II,..
DOC la sen... /,is Ihlrty-three monlh !XX si.'nli'flCt!
See Segol v, Wainwright, 30.( So,ld -N6 (FIQ,197-1).,
Under Segal, 1IIl'0u/d appear thm tI IriQI caurl order
directing Ihe DOC to immcdlole/y reltase Kerldln ro
Highloflds COlml)' to senY! lire COltnl)' joil stntellt:t!
wOllld Joll'e 1M i.'rror of pitctmtol service of that
Ufl/ence,.,
Segall1ppeors 10 prol'/de lhe trial collrt alllho"1)' to
rcmedy lire piecemeal Jervlce of KerkU" '5 coun/)' jtlll
senlence by ordering hlJ Immedime reilim to coullry
jail. HOWel'er, on ImmediQle transfer would creOle a
plcctmeol Jervit:t af the DOC senltncc because th..
DOC is lI'ithOllI aulhority to credit Kerklin:r COUllt)'
jail SCflltnct with filllt! urwd m the DOC. ArcordIng/y, "''t' would d,rect Illc trial couri 10 ",'I~ Stott'
cx rei, Ubi: \1', Colcmlln, 119 Flo. 18, 5 So,1d 60
(1941).
In Coleman, a defendant who did not Jed or
COlUCnf 10 releast from a six-monlh cOlin/)' joi/un.
tenl;tl: lI'tlS ""toud after f"'Y! do)'s mjDII, Ste 5 So.1d
at 61, IYhen an otfCmpl Il'llJ mode to rtinsltlte the
SCnlcm:e six monlhs loter, Iht' prls01U!r filed tI petition
for habeas corpus 1I'lth lhe Florida Supreme Court,
SCi.' Id, Thc wp",me court concluded tMI, wilhOllllhe
defendanl's comell/, lhe StoiC could '101 slay lhe Tl/II·
IIIIIg of a jail 5i!ntenct Ina' had begun, Su Ii Su
a/JO POll/tntr l', Stalt. 706 So,ld 948, 901911,1 (Fin.
ld DCA 1998) (lloling /hat if Qdefmdtl/lJ:r COWl/)' jQ11
SCIIlcnct Md up/"'d after he 1tW mlslolrtnfy ",leased
from jol/, lhe court mould not order him /0 be re·
turned 10 (he caun/)' jail, bUI should dlrrct him to

Page 9

sl'n'/! 1M rtmainlng ponioll of his commlmlty
con/rolomi proballon).
Similarly. if Ktrklln did 001 COIlNII/ 10 his
~/Ilo,ul from Ihe COlin/)' Jail 10 Iht DOC. 1/ ....ould
UPfNur /hal 1M SltlIC cOlild nOI SIU)' 1M running 01
Irls coun/)'jall Jent<!ncr:. II wOlllJlollow Ihol Ktrklin
IS tnlilltd 10 Im't 1111 cOllnty juil sen/MCC nul conCllrll'l1lly with Ihe DOC .Iell/encr An order 10 Ilml
efful "'Ollltt Cliso uquil'l! quushing of lite S"~riffs
derOlller III Ihl.l C(I.le, ,(1IC1WlIlg Kerklm 10 .len... Ihe
COlIn/)' jull .lenience COM'urrt'1l/1y wllh Ihe DOC
sen/enn M'ould remedy Illt pieCl!meul stn'lce of /ht
cOlIn/)' jail .Itn/tnct ....,lhoUI rrqulrmg plCctllltal
UrI'lct aflilt DOC .Il!n/ence.
Ul1imalely, the Second DCA's guiding ~ir'
analysis indireClly cslnbJishcs that if KelkHn limply
reflies his habeas pelilion in the Tenth Judicial Cir·
euil Coon, 'the delainer lodged by Ihe Highlands
COWlty Sheliff should be quashed. Sec: Kerklin ".
Codw,n, - So2d -, 24 FLW 01726 (FIll. 2d
OCA,7·21-99)
Third DCA Rules thaI

1997 Amendmen1510 I'urole
Sfalufe.llhaf Provides for
EXlension of Parole Hearings,
Not Ex POSI FllClo Violation
Florida prisomr Helben L. Tuff broughl II
cltallenge againsl lite 1997 llmend,nent 10 sec.
9~7 174, Fla Slal, \Ihieh nltered 'hc frcqucncy of
subsequ~nl parolc hearings for cerlam prisoners
from every twO )ellrS 10 every five )'elllS. Ilerben
claimed thal the amendmenl was retrOlIelivel)' IIpplied to hIm Ihus a \'iolalion of the EJc I'OSI Facio
Clause of Ihe U ,\, Constilution. The Third DCA
held l! Ithe arnendmcn1 wn.~ nOI violnlive oflhe Ex
POSI Fa 'n Clause, and e\fen more significantly, lhat
Ihe SUUUle ~has in place" !he (due processl safe·
guards mlllld~led b)' Ihe U.S. Supreme Coun in
CalifOntlu DtparfmMI of Corrections v, Moroles,
51-1 U.S -199. I I 5 S CL 1597, I] I L.Ed.2d 588
(1995).
In 1970, Tuff pled guihy to first-degree mur·
der lllId received :l life sentence, In 1979 he WIlS
paroled, bUI in 1987 violaled thaI parole and was
rccommilled to prison He was ini1blly SCI :l plesumpti\'e parole release dlle (PPRD) of August 3D,
1992. bul after sc\'eral in·pri5Ol1 disciplinlll}' infrtleliOns thaI \l'llS lalel chllllged to Decembel 30, 1997.
Before that dale, during OctObel of 1997. the plllole
commission in1ervi~\\'cd Tuff and decided not 10
parole him. Based 011 the nell' amendments to sec,
9-17.17-1, Fla. SUll.. thlll had juSt been enacled and
became effeetil'e on June I, 1997, lhe parole commission further decided 10 sel Tuffs nexl parole
hellJing 01T fOf Iil'e )'caIS rtllher lhan the formelly
rel\uired 111'0 )'ellrS, and nOt relnlerview him until
AugusI2002.
Tuff filed 1\ Motion ror POSI Convielion Relief
pursuant to Rule 3.850 seeking 10 challenge Ihe
lI.pplielllilll1 of see. 947.IH, Fla. StlU,. 10 him in his
silullliOll. The elfeuit coun denied the motton and
Tuff appealed The appeal eoun determined first off
IhM Tuff could not mise his claim in a Rule 3,850
mOlion as such would be lime blUl'Cd by the 111'0
rear filing limil, nor could it be mised in a Rule
3,800 mOl ion lIS it is nOI a ch311enge to IlI\ illegal
sentmcc. Therefore. lhe appeal COlIn delermined
Ihl il would lrelll the lIppeal as one liom 1\ pelition
fOl ~'fll ofmlUldamusNoting Ihal the issue presenled llppclllS 10 be
one or firsl Impression in Floridll, tile appeal court

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

then proceeded to dissecllhe Flolida StalUle, sel OUI
who it applies 10 lind in I\hal eircumslltnces, and
eompllJe illIT\e 10 Ihe holding in Morales, ..... hich had
fQ.und lhnl a California stlllule also providing fOI
exlended parole hell.lings .....as nOI an Ex Post Facto
violalion. The appeal coun found thl1l the Florida
S,atule is "nllffOwly conslrucled,~ as in Morales. in
lhal: 1) it effeelS Ihe timing only of subsequent (nol
initinl) parole henrings, 2) it requires a hearing on
Ihe maller, 3) il applies only when the parole commission finds Ihal "it is notleasonable 10 expecllhlll
parole will be gtIIlIled lU a hClU"ing during the follow·
ing (fi\'eJ )'eIlrS,~ and 4) it requires the commission
10 Slllle the basis ofil$ decision in writing.
The coun found thnl the situalion in Tuffs
case and lhat in Morules was simill1t enough lhal a
comparison could be drllwn bel....'een th~ cases. Ex·
amining the wrinen repon that the Floridn Parole
Commission provided 10 Tuff, which listed the reasons fOI sctting him off fllr five )'elllS, the coun
found Ihatthe Florida Parole Commission had complied wilh Ihe procedurul saregualds in the new stal·
ule - and lIS approvcd in Morales,
The courl wen! on 10 distinguish Tuffs CllSC
from lhe recenl decision of the 11th Circuil Coun of
Appeals in J01Il.l v. Gamt', 164 F,3d 589 (11th Cir.
1999) (Thai ease was reponed on in FPLP, Vol. 5,
Iss,2, Notable Cases). The court noted thaI where Ihe
Georgia role al issue in IheJl/lles case did nol pro\fide the required Morales mandated proeedurnl
safeguards, Ihe Florida sllllUte docs. Thus, Ihe appeal
court AFFIRMED the circllil eOllrt's denial ofTuffs
claims.
See: TlIjJ". 51ale, __ So.2d - ' 24 FLW
D1204 (Flo, Jrd DCA 5/19199).
Firsl DCA Reaffirms
Habeas Corpus Correct Remedy
10 Challenge CM Confinement
While Holding Mandamus Correcl
For Related ISSUC5

On May 27, 1999, the 151 DCA held Ihallhe
2nd Judicial Cirellil Coun erred in dismissing:l Florida prisoner's habcllS co'Pus challenge 10 his COnlin'
ued confinement in Close Mnnagement. Plisoner
Adolphus Ashley filed a Pelition for Wril of Habeas
CO'PliS in the circuit court COIIlesling his pllllX'menl
in IUId relenlion on Close MlUlagemenl status, The
Cirtuit court round thl1l he should have filed a Pelilion for Writ of Mnndamus nnd denied his petilion
Wilhoul prejUdice to lhe filing of a peli'ion for wril
of mandamus. Ashley appealed, and the appeal COUrl
QUASHED the 10"'el court's denial and RE·
MANDED the ease bllCk III the circuit court, with a
Iinding lhal Ashley cO\lld challenge his relention on
eM with a Pel ilion for Writ of Habeas Corpus citing
Taylor \', Purln, 654 So 2d 1019 (Fla. lSI DCA
1995) in suppon. BUllhe DCA held IhallO Ihe ex11:l1l thaI some of the is5Ues Ashley rtlised might
more approprillldy have been raised in a mandamus
pelition, the cireuit coun should ha"e lrealed !hose
issues 11$ if Ashley WII5 s«king mandamus relief.
See:Aslrley v. Moore, __ So.2d , 24 FLW
01263 (Fla. lst DCA 1999).
(Commenl Thll ~a.. d~ nolhlnl b~t add ~"'nf~llon 10
.. hall. Ihe proper rTrnedy 10 .erk 10 chlUenlt .~Ilonl of
rM n>oc, Ir Ippe.n dtar Ibal Alhlt)' ..... ch.llntlol
hll nlnlinaed plaermUI 00 CM, ..·hlch was prohlbly
Impc>Hll hued on • prior diKlplinary .er;oo. AJhlty
appan-nlly .... chlll~nll"l hOlh thf CM pllerm.nl .nd

lhe diKlpllnu,. .~llon II Ihe lame IIt1\t, .1 MOIlId IHo
nrcautl')' 10 bt 'lIe~adul on lht CM ch.UOOIe. Withut
lh. dUdpllnl1')' .Clloo beinl ovu111med Ihe buls for
plaermtnl on CM n"1ll.1ns. Now Iht In DCA has ... 1d
lhu h.bea. corpu is th. <1Irr«1 rtmtdy 10 ehaQrale
lhe CM ,11101100, b\lllhn Illndlm~. IIll1n lbt ......tdy
10 ehalleol' lhe olher iuurs, e.l-. the dl,cipllna.,. ullo..
;UIIOS (~nul ea.. n"portrd on 10 NOTAOLE CASES,
Ihls lout' Wo~lI..d Y. Bi,hop). So, prl,onen ...ould be
1.(1 ..1Ih hnlnl 10 file , hybrid pelhlo~ hl!>e•• eorpll'
10 ehlllf~le lhe C~t ",ptd, .nd mlnd.mu. 10 ch.llenl'
Ibt diK;plln.1')' a.ptd Tht trick It, Ihtre Is no (iliol rn
for fillnllhe h.be.. petilloo (..·to Ihollih CmtllUy tht
CM .ollid nOI ",n'e 10 Ieallhtll Ih. priloner's erimhul
Itllrel>er), h~1 Ih'n" Is for Ibe "'...'h ' pelitiOO (..'to
IhoUlh the dl,eipllul')' aenoo lIuly
ulltd 10 1.10
lime forltlilln, lUulrlol;o I lenlrh.olnl or Ihe crimlnil "'nltnce). Then" ,hould IHo one "'I.blbhed n-I\ltdy
10 ch.llule III q~ ..IJudicill arlion. lIb. hy Ih. noc
Ipi...1 pmonen, and u Ihty 1.ltill. 1M action
(diKiplina'1' nport CM pllCtlllenl, tte.) Ibtl 1M ptlllion 10 Ihe drcul1 eOllel shollid IHo for .tnlonn ....·i...
(See: Shit)' Y, f1a. Parale CO"""., 71ll So.Zd U01,nos,
n. 1 (fl•. hI DCA 1997)1 (..-ilhoul any fiIlol rre ",Iubed
ir I liberty (nluesl Or Itnllbtnlnl Ollh. enmi 1 un·
len~e Is (n ... I'·ed), and wllh d.ni.1 or urn. r...I
l>lt by
a P.lillon for Wril of lIabe.. Corp~. dlrrelly to lhe
Ird.nl tOllrt.. £d.... rds Y. U.lilol!, 117 S.C!. 158~
(1997). Olhe""'lu Ihen ..m <Oftfln~e 10 IHo nol!>inl hili
nlnfwlon Oil .. hOI II lbe nlbl n-ml'dy 10 lerk, nOI only
I..onl pmon.n, hilt lbe courlO al" II Ihls rue acalo
IlIwlrllewll
Firsl DCA Reaffirms thai
Pelilion for Writ of Mandamus is
Appropriate Remedy 10 Seek
Judicial Review of "'DOC
Disciplinary Proceedings
Floridn plisoner Dexter WOIIllard filcd a Petilion for W,il of HlIbeas Corpus challenging Ihe
OUlcome of 1",0 disciplinlll}' proceedings. The cir·
cllil coun summl1tily denied relief(withoul issuing a
show cause ordel) by finding thllt Woullll.ld "failed
10 demOllSlrtlle exhaustion of available admini51t1l·
live remedies. Woullard lI.ppealed 10 the Firsl DCA,
which QUASHED the eircuil coun's denial Md
REMANDED the ClISe back ror fllnher proceedings.
Firsllhe DCA nOled Ihllt a Pelition for Writ of
Habeas C0'Pus IS NOT the applopriale lemedy 10
use 10 challenge prison disciplinary proceedings
alleging violalions of COnstitulional requircmmts or
roles of the FDOC. The DCA reaffirmed thllt a Petilion for Wril of MMdarnus is more properly Ihe
appropliale remedy in sllch cases, ciling Newsome v,
Singletary, 637 So.2d 9 (FLa. 2d DCA 1994). and
Adams v. Walnwrlghl, 512 SO.2d 1077 (Fla. lsI
DCA 1987),
Nexl, the DCA delennined that the allegations
in WOlllll1td's pelition (thaI he Iuld exhausled adminiSll'1llive remedies) ~wcre sufficient 10 make lit
le8$1 a prima foci. showing of exhaustion" (and
Ihus, the cireuil coon shoold have issued a show
cause Older to the FIX>C).
Sec: If'oullard v, Bishop. elal" So.2d - ' 24
FLW D1315(a) (Fla. lSi OCA 6IlJ99).
R

IComm~nr This decISion ~ualCl lhe CfI....
thaI mandamUI i, lhe aP1'«'Priare r~m~dy fa acek rel'i...... of
all~ged COllSlillllionol Of fUl~ violaliono in FDOC disciplinary proI'.tIlinp, In Sheley Y, Fl., parote Commiuion, 70J
So.2d 1202, II 120S n. Z, rbe Ilf DCA tIOIcd WI cCfliorari
would be the mor~ appropriIre mncdy JllKe tuCh IS s.od:.
in. jlld,~ial leview of qlWl·juc!;dll acI;OllII lurn by a
lo"C1 qlW;,jud1c,.' a6minilllllwe U1bUll&l, I "l"ce, Tbe
purpClSe of mandamul is 10 compel lhe pcrformarx:e of.

Page 10

mlnlSlcrul dilly, $lriclly. Unlcu llw minwcnlIl dUly bas
been aublL$bal., wa lecNlleally IIWllbmvs ..ould nol he
VI caalpl:l • duty Pnsonen eompelled 10 vse , Pelition for
WtII of Mlndllmls 10 cbIllmrc dlSC.ph""Y pn:>cealinp.
lepnllcss of Ibe IIlle of Ibe pelllIOIl, should pIepIle wlr
peDT"'''s If illS , Pdilloa for CutIOlar\ Re-oiew. 5«:
Flonda AppeDlle Ptaall:e, 2d Ed, Seaionl 219
lbraup 2112, and Fonns 4611111 41 In same hook. FPLP
sufl'1S .... we that ~ Irisoners ate ICIUIlly filing, I'clI·
11011 for Ccnl(nn Re-o,e-o'.- In lbe elrcull eOUf! in sllC:b cases.
ThIS, If It eontlnl>CS, may e''Cnlnlly foroe the eouns 10
ICWl'llU and eSl,blub that umonn IS the eolTttt and
Ipp'opnale remedy·sj]
Prisoner Granled Mandamus Relief
To Compel Circuit Courlto Move
On Mandamus Pelilion Seeking
Review of Disciplinary Proceedings
Owen IXnson, Jr., filed a Petition for Writ of ,.,Ian·
darnus 10 the $a'enleenth JudIcial Circuit Coun
see."ng review of prison d.selphnllr}' prllCe'c:dings
bact 10 No\'ember of 1998 After months of Ihe
coun not moving on his petllion, Denson finally
filed SlIOIher Petition for Writ of Mmdarnus to the
Founb OCA aslting that coun to compel the ein:ulI
court 10 mo,'e on the pending mandamus peririon.
The OCA granted Denson's mandamus petition
aner the Circuit court did not respond to the DCA's
show cause order on the petition filed in lhe DCA.
The DCA directed lhc cireuit court to eilher issue a
show clluse order to lhe FDOC Of issue II final ordcr
on the mandamus petition filed in lhe circuit eoun
wilhm 30 days,
DrtIlSOIl v, Prm/, et al., _
So.2d - ' 24 DI480
(FIll. 4th DCA 6.123199).
lCommellt Since Denson I'ould h,,'e been re·
qull'flllo p.,. or incur I hold on his llecount for
the filing fees for not onl)' lhe firsl m,ndamus
but also ror Ihe one Ihll was filed in (he DCA, it
is hoped lhal ht flied a mOlion for those fees
when his pelition in Ih~ DCA \I''IIS granted. SeC' :
Aoridl Jurisprudence 2d, 1II"l"OAMUS and
PROIllOITIOllo"Seelion 19J·sjl
"Date Filed" Stnmp on
FDOC AdministrAtive Appeals
Establishes Start or Time
To Seek Judicial Review
PrIsoner Robert Ortez filed a Petition for Writ
of Mandamus in the eireuit court $«ting rrview of
pnson disciphnary proccedmgs lie had b«n found
gUIlty of possession ofmariJlI3rta and ....'IlS sentenced
to loss of gam time and COflfinemenl Ortez alleged
in his petillon thal the dlSCiphnary learn refused his
request to produce the alleged marijuana or [cst
results of same at the heanng [thus denying his es·
tablished due process rightsl, and th:u he had ex·
hausltd his administrative appeals 110 the best of his
abIlity)
The circuit court denied the perition as un·
timely filed, nnd added lhnllhe exhibits auaehcd to
the pelition showed Ihal Onez received all lhe proc·
ess to \l'hich he was due. Onn Ihen filed a Petition
for Ceniorari Review to the First DCA, which
panted leview, QUASI lED lhe cilCuit court's denIal, and REMANDED the case blltk for funber
procttdmgs.
Putsuanr 10 Aa. Statute 96.1 1(8), and Rules of
Appdlate Procedure Rule 9.IOO(c) (4), prisoners llfC

F,P.LP, VOLUME 5, ISSUE 5

requIred to file state 1e,·e!Judlcia.l challenges to diSCI'
plinary proceedings WIthin 30 da)'S of rcndilion of
the final administra1i\'e appeal. The record in Ortez's
case showed that the final admimslBlin appeal was
filed Within thai period
On the refusal to produce the requesled evi·
dence issue, the DCA dire<:lcd the lower coun on'
remand to consider the merIts of Ortez's subslllnli"e
claims in light of Osttrbcuk v, Smgltlary, 679 SO.2d
43 (Fla. lsI DCA 1996) (absenl valid reasons to refuse request for production of evidence, and in light
of prisoner's defense based on questioning such evi·
dence, duc process is violated by refusal [0 producc.)
See: Orlt: \', Moore,
So.2d __' 24
FLW DI497 Fla. 1st DCA 6112199).
Statule Restricting ViJitation
With Minors Not UnconJtitution:l1

an ex pasl flltto law because it neither merea.sed
Cassady·s punishment nor denied him a \'csted nghl
(Ihe OCA nored, howC'o'ef, m its decision that Cas·
sady had not raised the question of.....hether he h3d a
\'csted right in visiting his children in the: trial
court). And the uial court held that the sllttUte did
not amounl 10 I bill of anamdel .....here Cassady's
gUIlt \\'IlS ~nol legislali"el)' detennined nor is his
senlence affecred by the visiwion rcstriClion,
The First DCA upheld eaeh of the uial court'S
findings on appeal. Specifically, the DCA held Ihal
CllSsady had not met the burden of demonsttating
lhat lhc lIial court commitled a clear errOf which
resulled in prejudice to him, The DCA AFFIRMED
Ihe trial court's summary judgment and declD.rtltion
against Cassady,
See: CtUSDdy v. M~, __ So.2d - ' 24
FLW DI601 (Fla. 1st OCA 7n199)

not

M

Maa)' prUolI~n fttl tbu Ihe
1IIIIItt "as aa u'u~nted rr1pollSC to
a la,,~l)' 1I0llui"elll problem ud was ellaC1t'd .s add..
tioll,l pllllisbmtnl nis "ifw is ItlpportK by Ibt bel
lblt tbtrt ,,'s nl)' ~H reponed Kltllllllolnution.r I
tbild ;n I prilOIl ",ilinc am ill 1997, ud tbr 'C1'1Iwd
prUolIU ..·.s 1I0t , w, orrtDder. FPLP b,d Iftm'ed
lnronollio.. lhll in tm, bo.. e-o-e., Ib,lI , COrtftri"III'
ofrictr .'11 arCllm 011(111111)' Illolnlinl a tMld .illto•.
Thol incident, ho..·ne', .'1 quitkly co"ertel "I" IIId
nr"u rnehnl the public's onention, and lbr .bo.'e tht
Silled Illlllie IlIh.tqllenlly '"Uested by lhe fUOC Illd
adopred into IIw as port M Ihll eo'·rr-llp. IT .'ould be
Inler",rins: to see ho... , eourltrtlltd I dllm Ihlllllcb
.'i,llOtion prohibition wilh one's Own children amOllll11
10 I de f.tln lerminUion olpa..,nt.l ris:b"'sjl
IC~"llltat:

The Firsl DiMCl Court of Appeals has re·
jected II constilulional challenge 10 Seclion 944,09(1)
(n). Aa. Sllll, as amended In 1996,10 provide that
pnsoners convicted of terlalll $C.'(ua.l offenses or
abuse against, or in the presence of, a child undet 16
)eln old are prohibIted from visillltion in prison "ith
anyone under 18 rears old, unless special visillllion is
approved by the superintendent oflhe prison,
Prisoner Tell}' CllSsady hroughl thc challenge
in an aClion fOf dcclaratory jUdgment, asking Ihc
court to dcclarc lhc stalute as denying due process,
lhat it is a bill Ofallainder, llnd an ex post facto law,
The trial court determined that since Cassady hlld
expressed doubt ....helher he hIlS a conslirutionnl rfght
10 vislllltion and .\helher the starulC violated such
possible right, that Cassady \\'IlS entitled to dcelara·
101} relief pursuant to Chapter 86, Aa. Slal. but thaI
the Jlltute was not unconsUlutionai as applied to
CI$5lWJ)
The tna! ooutt determmed that there is no abo
solule constitutional nght 10 visiwion \\hile in
pnson, thaI visitation privileges may be reJuicted
pro,'ided such meets legitImate penological objec·
til'cs (Cites omilled) llH: trial found that the challenged stlltule serves such objectives by protecting
minor children from convicted sex offenders llnd
helping ro ensurc lhe rehabilitation of those offenders, The court also found lhe Slatute narrowly lailored
to meet those objectives "here the superintendent
may mllke exceptions to the visitalion prohibition.
The lIial COIIrt also found that the statute was

,~.~ ~halJta~

Trial Court Deparled From usentiltl Rtquiremenu of Law by Not Allowing
Prisoner 10 File Reply to Pit role
Commission Response
The First DCA held, on eertiOf'lll'i revIeW, thai
the trial coun had depatted from the essmlial reo
quirements of law by den)'ing prisoner Vonshet
Adams' Peliriofl for Writ of Habeas Corpus WIthout
giving Adams an opportunity 10 file a re"ly to the
Parole Commission's response to the habeas peti·
rion. The DCA relied on Jones v. Singlelary, 709
So,2d 656 (FIn. 1st DCA 1998), and Bard v. Wol·
son, 687 SO.2d 254 (Fla, lSi DCA 1996), to support
tltat finding.
See: Adams v. Fla. Parole Commi.lJlon,
5o.2d-,24 FLW Dl596 (Aa. lSI OCA m,w),.

THE CRIME CENTER
1236 SouthellJt 4th Avenue
Fori Lauderdllle, FL 33316
Telephone: (954) 463-9700
Fax (954) 463-4230
We Help In
Represcntlliion of Felony and Misdemeanor Defenses • Trial Prepnrntion • State and
Fedcr.!1 Post Conviction
ICollect calls accepted after retainedl
The hiring of alaw)'er is an importIDlt decision thai should not be based solely upon ad,'crtisemenls. Before you decide, ask us 10 send you free wrinen infonnation oboUI our qualifealions
and expericnce.

Page 11

lConllnwdfrom PQ# 8}

NOTICE
The lasl issue of FPLP, Vol. 5,
Iss. 4, had a loose leaf page inserted in
each copy with information concerning
the murder of Frank Valdes at FSP and
the pasSlige of a new law concerning
fAmily visitation in Florida prisons. That
new law is codified at Chapter 99-271,
Florida Session Laws, and creates Section 944.8031, Florida Statutes (1999).
That new law mandates that: (I) shellers
be built outside every institution for visitors waiting before and after visits; (2)
the visitors be provided information by
Ihe institution concerning regulations,
dress codes, and visiting procedures; (3)
that food choices in the visiting areas
provide nutritious food suitable for children and youlh visitors; and (4) that
minimal equipment and supplies be provided by each inslilution in the visiting
areas to assist in managing and occupying children visilors.
Additionally, Section 945.215,
Fla. Statutes, was also amended in that
same session law to provide that Inmale
Welfare Trusr Fund moni::s shall be used
to implement the provisions of the new
visiling statute and to provide "visitation
and family programs and services" in all
Florida prisons.
FPLP staff asks Ihat its readers
keep us infomlcd of the implementation
(or failure to implement) the new visitation statute at the institution where you
visit or are incarcerated. We are also interested in your thoughts or suggestions
for realistic "family programs and services" that the FDOC needs to adopt, and
what unifonnly minimal equipment
needs to be placed in each visiling area to
assist in keeping children occupied durin!! visits. Thanks! •

MENTALLY ILL PRISONERS
According to a report released by the
U.S. Justice Department during July of
this year, more than 15 percent of prisoners in U.S. jails and prisons suffer from
some form of mental illness. The study,
which ....'as prepared by lhe Bureau 01
Justice Statistics (BJS) for the Justice
Department., also found that almost 20

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

percent of prisoners incarcerated for violent crimes suffer mental illneiS.
Mentally ill prisoners are much
more likely to be found in Slate prisons
and local jails, where they account for J6
percent of the overall populalion, compared 10 a 7 percent rate in federal prisoners, according to the statistics gathered
to compile the report. And the report revealed that mentally ill prisoners, on average, are incarcerated longer than other
prisoners.
This report was the Justice Department's first comprehensive attempt to
compile statistics on the number of mentally ill persons who are being incarceraled in the United States. The report had
no past figures that it could be compared
with to show whether there has been an
increase or decrease in lhe numbers from
past years. The report also did not address why mentally ill people end up behind bars or what impact they may be
having on the criminal justice system.
Critics of the report said thaI the
method used to compile the statislics
used in the report may have resulted in
an understatement of the number of mentally ill prisoners. Some law enforcement
authorities, mental health expens and
civil rights advocates have been warning
for years that jails and prisons are becoming dumping grounds for the mentally ill.
A copy of that report may be obtained by calling the BJS Clearinghouse
at: 1-800-732·3277, or from the Web
at: http://www.ojp.usdoj.govlbjs/.•

U.S. PRISONS FILLED WITH
NONVIOLENT OFFENDERS
Over one million nonviolent otTenders were incarcerated in the U.S. prison
system during 1998, according to a report
released earlier this year by the Justice
Policy Institute (JPI). That report, using
U.S. Justice Depanment data, and entitled "America's One Million Nonviolent
Prisoners," shows that over the past 20
years lhe nonviolent prisoner rate has
grown at a much faster rate than that for
violent offenders who are incarcerated.
In 1998, 77 percent of the people
emering prisons and jails were incarcerated for nonviolenl offenses. Since 1978,
the number of violent offenders entering
prison has doubled, compared to the
number of nonviolent offenders having
tripled. And the number of people imprisoned for drug crimes since 1978 has
increased eight-fold.
The JPI report also notes the huge
costs to taxpayers for imprisoning lhe
more than one million nonviolent offenders. Between federal, state and local governments, over $24 billion was spent during 1998 to incarc.erale nonviolent offenders. That amount was 50 percent larger than the entire federal welfare budget
of$16.6 billion.
Interestingly, the report also made
some startling comparisons. The U.S.
(COIlllllutd 011 pagt / j)

FDOC's New Regional Division
Greg Drake Regional
Dirmor
Repion I
Apalachee CI/Annex
Calhoun CUWC
Century CI
GulrOIWC/FC/Annex
Holmes CUWC (2)
Jackson CUWC
lefferson Cl
Liberty CI/WC

Okaloosa CI/WC
QuincyCI
Rh'cr Junction MH
Sanla Rosa CI
Wakulla CI
Wallon CI/WC
Washinl!,1on Cl

George Denman
Regional Director
Re"ion II
Baker CI
Columbil1CI
Cross City CUWC
FL Slate Prison WC
Gainesville CLlWC
Hamilton CLJWC
Lancaster CUWC
Lawtcy CI
Madison CI/WC
MayoCI/WC
New River/Annex
NFRC/Annex
Putnam Cl
Ta)'lor CUWC
Union CI

Bill Bedingfield
Martll Villaeortll
Regional Director
Regional Director
Reoion 111
Repion IV
Avon ParI: CUWC
!Broward CI
~rcvard CIIWC
Charione CIIWC
~FRCJAnncxlSouth Uni Dade CI/Annex
lorida CIIFC (Levy)/BC PeSoIO CUWClAnnex
Hernando CI
iE.\'erglades CI
·Iillsborough CI
lades CIIWC
!Lake CI
laniee CUWC
Marion CI
!Hendry CIIWC
olk CI
ndian Rivcr CI
Ulmcr CI/WC!BC
lManin CI/WC
Iromoka CIIWC
hkeechobee CI
~phyrltills CI
~FRCJAnnex

Page 12

Dear St.IT, What I wantlO 50llnd 01T about is the food sen'i« ....' thin the DOC lind at OCI. When I earne inlO the system in 1980. lhc: DOC master menus proVided the Innutes wtfe sct....ed thr« substllntial. nutntious, wholesome meals per day. We could seleet clean food trays from the dirty ones and sec the food llems
being put on DIlr trays. Some of the items were self-sen'ed Food service back thcn was not really an issue as evidrncc:d by the majority of the class action lawSUits filed by Florida plisoners O\'tf the past 19 )~~, But now, although It's slill nOl an issue. the food service at many of lhe prisons within the lX>C IS, m m)'
opinion. bad ifnol sickenIng. At just about cvery in~tilll1ion Ihal eonlf1lets Wilh n food catering company there is 0 problem wilh lhe food service, El1he/ the pelf'
lions an: small, the preparations lUe poor. or the food items sen'ed ale of the poorest quality: The rolling doors an: down on many of the serving lines, and this
pmenlS the observation ofunsanitllr)' food service thaI someone else may not reeognw: and complain about At some prisons. inmOles llf(: no longer allolled 10
select their o....n food tmys, and al CCI. I have received mMy meals served on defeclive, swined, or dlny food trays. To beller the food service conditions III cel,
I have filed many gJievancc:s at the insmution31 and Centtlll Office !<:\'eI, ho....~\·er. 10 00 '\'ail I hB\'e filed so many legitimate grievances, which were demal,
until I ha\( stopped complaining. Out of all !he gnn'lJlCC$ thl! I hB\-e li1ed, the onl) one I recall being lIpplO\'ed was the grievance I filed aboullhe IISC offood
tr'I)'S \lith sharp, ja.gged edges. I ha\'e filed about the preparauon IUld cooL:ing of roods by inmates IIho don't know how to cook. the poor quality of the foods
they sen cd, the InsufficlCf1t portions they sen'e. the dirty food lfII)'$. and man) other food service problems th3I present a haunt to the Inmales health. no....na
lOOO aVllI. On one occasIon Ili1edand .....as lOld thatl .....as not 111 MC DONALDS HO\\~er. a1lhough I am not 111 MC OONALDS .....here ),ou ha\e It )'0Uf ..... y.1
am noc &CUIng the food the WI)' 11 IS supposed lO be. For the ntalth of all the prisoners ,I hope the new secmary of DOC puIS' boot in the companies that eater
food service lO the DOC. kiek them out the door. and employ certified chcCs and dIeticians 111 n'cry major prison. For the same rcason. I hope the Inspector General dlKO'o'CfS the other problems menlioned abo\'e and takes correai\"( action Unlll then, the food service at many prisons is going to Stay the ~bad, G.S

CCI
DeDI FPLP. IJust a/Iled to gh'e)'OU my new addrtSS so my COP)' ofFPLP can ealch up with mc
E\'cry time ~ are mo\'ed .... e have to purchase alocL: for our locken If .... e arc transferred to an mstitution tlutt supplies litem lhen they thlO.... DIlr p.ald fot
onc DIll. I ha\'c purchased 3 locks in 2 )'rs at $6AO each,
Even lhough the entire compound has a jacket the)' lef~ to issuc me wllh one because it is July, [ om 65 yn old lind work and 1I\'e in an air-conditioned
environment.
Being a resident ofTCU we go eyerywhcle as a unit. We have to line up oolSide the unil and wait for everyone, We wear a dress llRd stnnd in the flIin lind
gel wet Then \I~ walk to the "Wellncss" unil and hO\'e to sit in lhe AJC \lhieh is \·ery. \'ery cold for It1 hou/, No jllCket. no s.....eal shirt.just sit and hstm to)llUl"
leeth chatler.
Things you purchase on lX>C canlcen life rcmo\'ed from ),our properi)' so )"ou an: always having to rcphlce them. They h.ve shipped me: 7 limes in 2112 )1$
and I lIII\t no family lO we can: of me, friends send money ..... hen they can.
We ean'l 1III\'e rainroats bceause they gh'e them to all the new inmales, They expect us to buy them. You life farted 10 go e\'et)'Yohere or e1sc)"ou get pllp('l'
~and~~~~
•
We also an: gi\en onl) I blanket. With the AlC rcalla.... myoid bones reall) f«llt BUI pleadmg ..... lth the officers In the clothmg room doesn't ....-oO;
A.tlo....~111 .....as held (1\"(1 fOf 7 da)'S withoul an) clothes to chllngc. Females need Jlllnties I had to put on damp clothes e\'ery mommg. TCU
FPLP, I am wriung to send my smcere thanks fOf )'Our publiealJOn lind the elTortS In )'OUI strivings 10 kcep prisoners in the Florida penal system abreast as lO 1Ih.a1
is happening and going on throughout the SlatC. Some m.y OOIlppreciate ....hat )'OIIl:e doing for they DIe the ones that !ul\'C submitted to the trea1mtnt they retell'e and most hkely the ones that hinder people Ill.:e )'OUr organlzotion lind myself from obtaimng basic human rights and fair trealment. In the lastlh'e years 01
so I ha\'e nolieed n sad trcnd in lhe Wllr prisoners in the Florida penal system ha\e become inmMes, I was scheduled to be released from CM in Seplember 97,
well m June 97 I received a bogus diseipliRlll)' tepon solei)' because I would not be an Informant for the eOrTC1:tional staff working the housing unit Well anet
gOing throug.h the grievance proccss for this violalion, I was subjected to numerous othcr disciplinary reports and Olher itllfeatmenl (IE: not being fed, plltCed on
speelal manllgemenl three: limtl,(stlip StalUS)] . Then on MlUCh 19th 1998 I WllS ,nacked and beaten by three officcrs while in hllndculTs and given an outsidc
charge for them attacking me. I beat the outside charge The core of this is that my ploblem started not with the correctional stafT bul my anemplS to lISSlst
(lnmllttS) wilh litigation or being ill,treated and their thanks in return was 10 tcll, guide and suppon the officers against mc knowing I would nol be a snitch for
them To thIS "ery day some of the same ones thllt assisted in m)' phghtllf(: feeling the ill effects by the same stalTthat anempted to ea~ me harm But .... hcnner
[ lelUi )'OUI publieations 111J\'es me hope and joy that I am not completely surrounded by inmales There lilt still convielS lind OfganllJlUons out there that ha\'e
no! submilled to thIS inhuman uealment of prisoners llI\d for tluU reason I om renewing my subscription and sprwing the word for others lO support )'OU bc:dl
Insllk and out. MMA

Deaf FPLP. Could rOll inform the pUblic of an inJusllc(: being done lO those ofus Ulelrtm!led in FtX>C? This is one: of!he many battles we must faa: in our ('o'er
present ........... hile saving our days for DOC.
A memo posted at I...cvy ForcsU)' Camp and Lo.... ell·s mll.ln umt and !loot camp, dated 6Il1V99. from our COlTeCtional Probation Kflior supervisol, Mrs. A
M Durton, hsts new timelines for p3J1icipation in communnr work release IUId «nter work release: pfO&Blll$.
Our current eliglblhl)' enterla as per chapter JJ-9 02] swes: [nmates wllhin the last 36 mon!hs ofconfinement are e1igLble fOf cons.dentlOll for «nter won
Ielease. unless sc:rvmg a non-ld\'IUI«able (8'~ release date.. !hen they shall be considered wlIhin IS months of the earlicst release date (ERD). Inmales 11110
llf(: wllltin !he IllSt 24 monlhs of confinement will be considered for community worl.: release unless serving a oon·advllneeable release date., then they shall be:
considered "uhin 12 monlM of their ERD.
This DOC memo, \lhlCh blUes Mrs. A,M, BurtDns signalure only, chJlnges ecntcr worl.: relellSC (permanenl pllrly), 10 18 months for inmales sentenced before 85" guidelines. For those: of us serving 8'" sentences, our plllCCment dllte would be at 12 months.
Cooununity wort release (regullU) shall be penTlilled for 8'" sentenees at 7 months prior to thm ERD. Others with advllneeable gain time WIll now be
made to walt to sign at 12 months, These ehllnges hO\'e not been the re.sull from our guidelines in ehaptet 33 being revised, They do. also. seem lO be a diree:t
ylOlatKll\ ofAorida llatUC' 921001 (4). 1F lei
(Af/ kl/tfJ frCf!rvrd amnot ~ prjn/~d~ of 3pQ« rrJlrietiQM.. U1Ui~ Itt/lUI will not bit prUlud 0#' lell~fJ thaI' o/A'iClU$1)'an not In/mtkdfO#'
/lWllOlL PfetlM indlCtlle In 'OIU' ~IItI" If '0\1 do not 1f'(lIIIl/ UlUd. OiMrw/Jlt FPlJ> rrJV"\'U tlttI n 110 Jll! all kuen rr«fvtd and 10 Nil kUen

•

GIORDANO & RHOTON, P.A.
POST CONVICTION AT
{;) APPEALS
i.-;) STATE POST CONVICTION
{!; SENTENCE CORRECTIONS
{;) FEDERAL PETITIONS FOR WRIT
OF HABEAS CORPUS
i.-;) NEW TRIALS

I

412 East Madison Street
Suite 1111
Tampa Florida 33602
(813) 218-0070
..
'
'J ., "I" ,
.
.'!"',... ,f' .,.'"..• • . • ., ..

.

I

I .•·',

~.

I ,.
l·• • • • .,,,," ... ,"

",' ..
", ....'~

,

COMBINED EXPERIENCE IN THE FIELD

1 he hiring of a a.wyer is aa importaDt decisioa that Iboald Dot be based lately OD advertilemeata.
Before )'00 ded
uk allG IeIld yoo free wrilteD Ia
about

VISA, MASTERCARD, & AMERICAN EXPRESS ACCEPTED
F.P.L.P. VOLUME 5, ISSUE 5

Page 14

F_
PNaa
L.",

stlJSCHF/ICMFORII

X

P.O. Boz fl6G.387

"""- n. 32766

U 10, pkue compl.ete the below infamllicn and &end i! to FPLP 10

PenpecMea

dw !be mallina ~ CUI be upda1ed and IO}'CU daD'! miu an laue.

Reue check tJpe tubI~ desired:

o

lldYid:.W
SI2/y<

0
~

S3Il/y<

0

Reaewal

10><'" T'tPoI

UllUIed U.s. pclIIlqe JtamJ- ~ ucqted for.w:.~in !be amCUll
iIriWed. MIke c.becb or I%lCDeJ arden paJIhIe III Florida Priaall Leul
P~PubWhcdbi·mmlhJy.

nonviolent prison population exceeds the
combined general population of Alaska
and Wyoming. The nonviolent prison
population is three time the size of the violent and nonviolent prisoner population of
the entire European Nation, and those nations have a combined gcneral population
of 370 million people, over a third larger
than the U.S. general population of 274
million.
A copy of that report can be obtained
by calling the JPI at: (202) 678·9282, or on
the Web at: www.cjcj.orgfjpi.•

PETITION TO INITIATE
RULEMAKING GRANTED
Recently, many institutions were failing to
provide monthly statements to Florida prisoners detailing the activity in their inmate
bank trust fund accounts. This failure
caused FPLP advisor, and Florida CI prisoner, Susanne Manning 10 file a Petition to
Initiate Rulemaking with the FDOC requesting that a rule be adopted to mnndate
the provision of such a monthly statement
to all Florida prisoners. Susanne's petition
was successful. On July 2, 1999, FDOC
Secretary Michael Moore granted the petition to initiate rulemaking proceedings for
the promulgation of such a rule.•

DOJ INVESTIGATION
STALLED - IMMIGRANTS
CLAlM BEATINGS-ABUSE
IN FLORIDA COUNTY JAIL

SEPT"

Dol<d:'U:;=...-""'nii:=
Mail To: FPLP, P.O. Boz

In a recent report released by
Amnesty International (AI) on the use
of electroshock equipment in U.S. jails
and prisons, were questions why U.S.
Justice Depal1ment (DOJ) officials
took months to start an investigation in
1998 following allegations that immigration detainees wert beaten nnd
shocked in a county jail in Florida, and
why that investigation appears now to
have stalled over a year later.
The jail where the alleged lorture of immigrants occurred is the Jackson County Correctional Facility 10'
cated in the Florida Panhandle region.
The investigation was prompted by
complaints from the Florida Immigrant
Advocate Center, a private group in
Miami, after they received sworn affidavits from 17 detainees at the jail de·
tailing various levels of abuse. Even
though the DOJ finally agreed to inves·
tigate the claims months after they
were first repol1ed, only one of the im·
migrants had been questioned by April
of lhis year.
Two of the detainees who al·
leged they had shock shields used on
them at lhe facility, and who were later
released and are living in Miami, said
no one has contacted them from the
DOJ. Both of these immigrants claim
that they were subjected to a form of
punishment known as being
"crucified," consisting of being shack·
led to a concrete bed spread.-eagle and

~187,

0Julucta. FL 32766

then shocked with an electric shield that
delivers thousands of volts. One of those
immigrants claims his teeth were kicked
OUI by guards while shackled to Ihe bed.
In the sworn statements that were
turned over to the DOJ, the immigrants
complained of beatings, shocks from
stunning devices, arbitrary use of solitary
confinement, and ethnic and raciol taunlS
by officers. The INS, which uses county
jails across Ihe U.S. 10 house detainees,
removed all delainees from the Jackson
County facility after the allegations of
abuse surfaced. Most of the detainees in
the jail were being held for depol1ation,
some aftcr serving criminal sentences in
Slate prisons.
Jail administrators deny that abuse
occurred at the facility, claiming that
while sometimes detainees were strapped
to the concrete bed for Iheir own protet:·
tion, no one was mistreated.
AI officials, however, say the use
of shock shields. slun belts, and eleetric
batons by officers at the Jackson County
jail and other U.S. jails and prisons raises
serious questions. "We believe the use of
electroshock equipmenl is dangerously
blurring the line between legitimate prisoner control and torture. We arc calling
for more vigorous investigation of the
medical effects and the oppol1unity for
abuse," said Janice Christensen, director
of national campaigns at AmneslY USA.

•

\

,

Florida Department of Corrections
2601 Blair Stone Rd.
Tallahassee FL 32399-2500
(850) 488-5021
Web Site: www.dc.state.fl.us

Office of the Governor
PL 05 The Capitol
Tallahassee FL 32399-0001

Florida Corrections Commission
2601 Blnir Slooe Rd.
Tallahassee FL 32399-2500
(850)413-9330
Fax (850~ 13-9141
EMail: fcorcom@mail.dc.state.n.us

(850) 488-2272

Web SIlC' www.dosstalc:.n.uslfgilslagencicslfcc:

FDOC FAMILY OMBUDSMAN
The FIX>C has allegedly created 3 new position in the
central office to address complaints and provide assis·
umcc to prisoner's families and friends Sylvia Williams is the FDOC emplo)'ee appointed as the
"Family Ombudsman." According to Ms. Williams.
1bc: Ombudsman works as a mediator br:t\l.'ec:n families, mmnJ:es. and the department to reach the most
efTecti\'c n:solution." The FDOC Family Services
Hotline: is toll·free: 1·8()()..SSS.-6488

FDOC SPANISH HELPLINE
The FDOC has IlIso created a help line to'lWist Span-

ish-speaking Citizens abtam information from the
departrncnL Tma Hinton is the FDOC crnplo)'CC m
lhis position. Contact. 1~0041()..4248
[Please mform FPLP of you have lUly problems with
usmg the abo\' services)

The Florida Corrections Commission is

composed of eighl citizens appoinled by the
governor to QVCTSeC the: Florida Depanment
of Corrections.

advise

the govcrnor and
legislature on correctional issues, and
promote public education aboul lIte
correctional system in
Florida.
The
Commission holds regular meetings around
the slale which the public may attend to
provide
input on issues and problems
affecting thc correctional system in Florida.
Prisoncrs families and friends are encouraged
to conl11ct the Commission to advise thcm of
problem
areas. The Commission is
independent of thc FDOC and is interested in
public pBnicipation and comments
concerning the oversight oflhe FDOC.

SUBSCRIPTION EXPIRAnON??
Please check your mailing label for the date that your subscription to
FPLP will expire. On the top line will be reneeted a date such as • ... Nov
99..•. That date indicates the last month of your current subscription to
FPLP. When you receive the FPLP issue for that month, please renew
your subscription immediately so that you do not miss an issue of FPLP.
Your support through subscription donatioru makes publication possible
and is greatly appreciated. Please take. the time to complete the enclosed
subscription form to subscribe to or renew your subscription to FPLP. If
the subscription form is missing, you may write diredly, enclose the
requested donation, to subscribe.
Moving? Transferred? Please complete the enclosed Address Change
Notice so tbat the mailing Ilst can be updated.
Injustice anywhue is a threat to jUSlice.n'erywhere. • "'anin Luthu King.
Jr.

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

ChleflnspcClor Genera!.
,
922-4631
Citizen's Assistance Admm
488-1146
Commission/Government Accountnbility
10

the People..

.

922-6901

Office of Executive Clemency

260 I Blair Slone: Rd.
Bldg. C. Room 229
Tallalulssec FL 32399-2450
(850)488-2952
Coordinator. JlUld Keels

Florida Parolc:/Prob3tion Commission
2601 Blair Stone Rd.• Bldg C

TalllIhasscc FL 32399-2450
(850) 488-1655
Department or law Enforcement

P.O. Box 1489
TalJalulssec FL 32302
(850)488-1880
Web Site:

\\1\\''',_ fdle.stale.n.us

FLORIDA
PRISON
LEGAL
PERSPECTIVES
P.O. BOX 660-387
CHULUOTA, FL32766

Florida Resource Organizations
Florida Institutional LtgaI Services
II IO-C NW 8th Ave.
Gainesville FL 32601
(352)955-2260
Fax: (352)955-2189
EMail: fils@afn.org
Web Sile: www.afn.org/fiIsi
Families with Lovcd
oncs In Prison
710 Flanders Ave.
Daytona Beh FL 32114
(904)254-8453
EMail: flip@afn.org
Web Sile: www.afn.org/ flip
Restorative Justice Ministry Network

P.O. Box 819
Ocala. FL 34478
(352) 369-5055
Web: www.rjmn.net

Email: Bcmit@r.imn.nel

NO -PROFIT
U.S. POSTAGE

PAID
OVIEDO, FL
PERMIT NO. 6S

Page 16