JAILHOUSE LAWYERS SPEAK NW--COLLECTIVE DEMANDS (PROPOSED).
JLSNW has developed a PROPOSED lost of demands requesting Washington State prisoners as a collective group. These demands are based in part and include some of the national demands Jailhouse Lawyers Speak the national collective. The proposed list for your comments and vote is below. We have attached the proposed list for your comments and vote. Please send responses to the following address by February 1, 2023:
Everything Paralegal
109 Main St. S.E.,
Auburn, WA 98002:
Amend WAC 137-08-090 (1) and policy 280.510, allowing free access to individuals electronics files which is similar to accessing individuals’ central files (see policy 280.500). The prisoner is in the best position to identify erroneous information in their file. Erroneous information can affect access to programs, custody levels, housing, release date, and conditions thereof. Prisoners have free access to inspect their central files, a file that contains original paper documents. The majority of the information staff consider is contained in the electronic file. The Department requires prisoners to pre-pay 15¢ per page plus postage to even inspect these records.
Return WAC 137-08-105 (2) "A client may challenge the accuracy and completeness of information in the Department's files pertaining the client.... Such challenges shall be affected in accordance with Department policies and procedures", and add a clear precise, and multilevel appeal process to challenge information in the individual's files (see policy 280.500). Currently there is no clear process to challenge information in a prisoner's file. The few processes there are, is generally standard denial.
Provide copy or access to individuals complete OMNI CHRONO (policy 280.500) and Behavior Observation Entry (policy 300.010) at the time of service of the Classification Hearing Notice/Appearance Waiver (policy 300.380 (III)(D)). Although per policy the prisoner is requires to be notified and provided a copy of any BOE entry, in practice generally the prisoner is not notified. Staff also Enter similar information (opinions) in the prisoner's OMNI CHRONO file that has no process for review other than prisoner submitting a random or regular public records request at the copy/ postage rate.
Provide DOC form 17-077 "Offender Appeal Receipt (policy 460.00 p.15) and related appeal forms at the time of service of major/minor infractions (460.000 (III)(B)(IV)(B)(I)), Classification Hearing Notice/Appearance Waiver (policy 300.380 (III)(D)(VIII)(B), Ad Seg Review Notice/Appearance Waiver (policy 320.200 (II)(B)(1)(V)), Behavior Conservation Entry (300.010 (I)(F)(H)), (mail) Rejection Notice (450.100 (X)(A)(D-E)). There are short time limits for a prisoner to appeal carious decisions. If they fail to appeal within these time frames his/her appeal is denied on that basis rather than the merits. Often the prisoner cannot obtain the form or proof of a timely appeal.
Provide prisoner access to all non-restricted policies to policies designated "Offender Manuals" and the index only identifies these policies. A prisoner would need to submit a public records request for the complete index, then separate requests for those policies not available to see what they contain. Example policy 110.300 mandates the Department respond to all correspondence within 10 working days. This includes prisoner kites. Many kites go unanswered because prisoners are not aware of this mandatory policy. Policy 280.500 identifies the various files the Department retains on a prisoner and what information shall and shall not be contained therein.
Less restrictive visiting approval process. It is well documented and known close family ties reduce recidivism and personal visits keep these bonds. But friends and family are arbitrarily denied.
Remove the Resolution Program from the Department and place it under the management and control of the Office of the Corrections Ombuds. Reduce the Departments budget spent on the Resolution Program to increase the Ombuds budget to accommodate the program. The Resolution Program and its predecessor is used to frustrate exhaustion of issues to block prisoner suits, identify prisoners who speak out and subject them to retaliation, harassment, threats, and punishment. The Resolution Manual (March 2021) defined retaliation as "An adverse action taken against a person because of that person’s engagement in a legally protected activity." pg. 26. It defines and an adverse action "Means to threaten, report a negative action on, or discriminate against someone in a manner that affects livelihood, privileges, conditions of supervision, conditions of release, and/or conditions of incarceration." pg. 25. "Filing a Resolution Request is a legally protected activity..." pg. 21. But the Resolution Manual allows major infractions to a prisoner who files more than five active resolutions. pg. 18.
End Correctional Industries Food Factory/Food Services and return the minimum wage jobs. In 2007 the legislature amended Article II §29 of the State constitution allowing minimum wage jobs to return to the prison. Instead of returning these jobs, the Department expanded Correctional Industries that increased the food costs, reduced the quality and quantity, increases the health problems of its prisoners, and failed in its mission to create marketable job skills. At a minimum wage prisoners can pay their child support, costs of incarceration, restitution, taxes, have enough savings for rent, clothing, transportation, and other basic necessities upon release and transfer directly from real world job into the community work force.
End the double/triple bunking of prisoners. Most prison cells were designed as single occupancy but later were double or triple bunked. Aside from he safety concerns, prisoners need a safe, quiet place to work on their individual rehabilitation and growth.
Discontinue the censoring of prison speech/mail. There are three specific mail rejection/reasons, out of 93 that can be interpreted infinitum Policy 450.100 Att. 1 #'s 1,9,20. One of the greatest rights American Citizens retain is the right to exchange information and ideas.
Repeal Washington Administrative Code (WAC) 137-25-030(1) (652) (682) (746) (708) as these are contrary to the State Constitution Article I §4 "The right of petition and of the people to peaceably to assemble for the common good shall never be abridged." The Resolution Program and court system are not available for a prisoner to resolve issues on their merits or enforce their individual rights. There is no provision in the State or Federal Constitution that restricts a class of people from this right.
Return the Washington Practice, Washington State Bar Associations Civil Procedure, Appellate Procedure, Public Records Act, Desk Top manual(s), and Moors Federal Practice to the prison law libraries. Reinstate treating Offender to Offender Correspondence (Mail Between Incarcerated Individuals) as legal mil and/or a process TNT certifies receipt/response (policy 450.100(v) (A)(B)(7/25/21 revision) 450.100(XIII)(B)(3)(1/20/20 revision). The Department has reduced and obstructed prisoner ability to research and present issues to the court. It is said the right to sue and defend is one of the highest and most essential privileges of citizenship and is the alternative to force.
Repeal II §29 and Article VI §§1,3 as related to prisoner voting rights. Maine and Vermont have never prohibited its prisoner from voting. Voting is one of the most important rights for prisoners to become responsible and contributing members of society.
Repeal the Prison Litigation Reform Act 28 U.S.C. §1915(a-b), 28 U.S.C. §1997 (e)(a).
Order Executive Ethics Board (RCW 42.52 WAC 292-100) to train the Corrections Ombuds on investigating the Department of Corrections. The Ombuds is a relatively new agency doing its best while being under funded/staffed. The Executive Ethics Board has been established for due area and has the experience in obtaining information and investigating Department staff.
Access to and training on current technology. At the fast rate technology improves and is relied upon to function in society, a prisoner who is released after 5, 10, or even 20 years is not prepared to accomplish simple tasks to function in today's society.
Access to individualized rehabilitation programs and reentry preparedness. The Department for decades has provided programs known to not meet their intended goals and lumps all prisoners into standard programs not considering their individual needs. Providing individualized programming focusing on the individual’s issues surrounding their criminal behavior, uplifting individuals’ pro social interests, and release preparedness focusing on their geographical residence, career or industry reintegration into society.
Access to more mental health related treatment and programs. The Departments primary source of treatment is medication. Many prisoners have suffered from traumatic incidents or even trauma in general. All prisoners also suffer trauma from incarceration.
Abolish the 13th Amendment of the U.S. Constitution. The Universal Declaration of Human Rights, Article 4, a treaty the United States is a signatory to states "No on shall be held in slavery or servitude- - shall be abolished in all forms." Yet our constitution specifically pro ides "Neither slavery nor involuntary servitude, except as punishment for crime... shall exist within the United States."
Order all correctional staff who interact with prisoners to always wear body cameras. The Department has been unwilling to believe a prisoner’s word or version of an incident over that of any correctional staff. Not only will this remove all doubt, but studies have also shown the fact conversations and incidents are being recorded has promoted positive interactions between prisoners and staff.
Remove from prisoners view the picture/posting of Jayme Biendl "Worrier Princess" and yearly prison lockdown day in her remembrance and staff appreciation day. Having the "Warrior Princess" plaque posted in view of prisoners combined with confining prisoners to their cell each year in appreciation of Corrections Staff is a form of annual retaliation and promotes animosity and a divide between prisoners and staff. In counselors, sergeants, unit supervisors offices across the state there is a photo of Correctional Officer Jayme Biendl titled "Warrior Princess" in memory of the death of Ms Biendl at the hands of a prisoner. While the murder of Ms. Biendl was tragic and preventable, had it not been for the inaction of the Superintendent of the Monroe Corrections Complex, it was the first prison staff death by a prisoner in over 30 years. However, numerous prisoners have died at the hands or inaction of prison staff in that time frame.
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