Let’s End Collective Punishment in U.S. Prisons

Also published in the April 2021 edition of Prison Legal News.

By Sandy Rozek . . . As long ago as 1991 when Rodney King was beaten by four police officers in California, public sentiment erupted in a general condemnation of law enforcement. In New York in 2014, the death of Eric Garner, placed in a chokehold and held on the ground for seven minutes by the arresting officers, brought forth the same condemnation, and so did the death of Freddie Gray while in police custody in Maryland in 2015.

And the 2020 killing of George Floyd in Minnesota, eerily similar to that of Garner, galvanized hundreds of thousands of citizens from coast to coast protesting police violence in general and screaming condemnation against all law enforcement, resulting in the mis-used and misunderstood “defund the police” movement.

In every case, spokespersons for law enforcement called for calm and reason and pleaded that the condemnation of peace officers in general stop and that the cries for justice be focused solely on the individual or individuals responsible for the acts of violence.

A very reasonable request.

NARSOL agrees that only those law enforcement officers responsible for misdeeds and criminal conduct should be held accountable for such acts and that targeting identified groups due to the actions of some within the group is wrong. In fact, “Collective punishments are prohibited under international humanitarian law in all circumstances.”

However, the pleas of law enforcement for individual responsibility as opposed to group punishment are at odds with many of the decisions and edicts of prison administers across the United States. A recent situation that exemplifies this is the allowance – or lack of it — of Christmas and other holiday cards to those incarcerated in our nation’s prison systems as well as inmate mail in general.

Cards, colored ink, stamps, and some envelopes have been identified as one means by which drugs are sent into prisons to inmates, and many states have varying degrees of bans on these being allowed into their institutions.

A fairly new trend prisons are adopting is the practice of photocopying all allowed mail, including the fronts of the sending envelopes, and then placing each photocopied item into a reusable envelope to be given to the inmates. The policy as developed in Michigan is similar to that used in Arkansas and Virginia and in the federal system, the U.S. Bureau of Prisons.

Pennsylvania is using the same system but with a twist. Due to a contract with Smart Communications that costs the state $376,000 a month or nearly $16 million over three years, all acceptable inmate mail is sent to Florida where it is photocopied at a central location, placed in envelopes addressed to the Pennsylvania incarcerated recipients, and then mailed back to them.

Perhaps due to the exorbitant expense, the Pennsylvania Dept. of Corrections made an attempt to determine if they were getting their money’s worth. In August 2018, they found that 0.7 percent of incoming prisoner mail was drug-tainted. After implementing the new, very expensive program, as of July 2019, the rate had dropped to 0.6 percent. The state spends millions to decrease drug flow into the prison by 0.1 percent – that is one-tenth of one percent, and because of that miniscule percentage of inmates who are sent tainted mail, the entire Pennsylvania prison population is denied the actual personal letters, homemade cards, and pictures that keep hope alive while incarcerated.

It is impossible to know if the Pennsylvania percentages are typical of other states, but they are in line with at least one other. Texas is another state that places severe restrictions on what may be received by inmates, and, according to the Marshall Project, “Of the more than 7.5 million pieces of mail Texas prisoners received in 2019, the state says that 3,500 letters per month—just over half of 1 percent—were flagged for a suspicious substance.”

Texas Voices, a NARSOL affiliated advocacy organization, has for years mailed Christmas cards to inmates. They now are required to photocopy the card in black and white onto plain white paper and mail those instead. *

A few states have disallowed Christmas and all greeting cards altogether. Among them are New Mexico, Utah, and Montana. In an interesting side note, North Carolina, while not having a statewide total ban on cards, maintains an extensive, nineteen-page listing of publications totally banned from entering its penal institutions. Among them are issues of Criminal Legal News, Field and Stream, Vogue, New York Magazine, Scientific American, and The Natural, a classic novel that is often described as the best book ever written about baseball.

Whether receiving photocopies — often of poor quality — of mail; having restrictions put on types and colors of cards and letters; or having cards totally banned, and whether the percentage of drugs coming into penal institutions via postal mail is 0.5 percent, 5 percent, or 25 percent, the result is the same: An entire class / group of people are being punished for the bad or suspicious behavior of members within that class or group.

Members of law enforcement ask that we not blame, censure, or wreak consequences upon them as a group when some of them exhibit unlawful behavior. The more than two million incarcerated individuals in America ask the same consideration from those who make prison policies. Those inmates who seek to receive contraband or drugs can be prosecuted for criminal behavior or have internal sanctions imposed for non-criminal behavior. NARSOL calls on prisons to treat each instance based on the individual circumstances and cease imposing collective punishment on the entire prison population.

* After this article, Texas prisons modified their policy to again allow actual greeting cards at certain times of the year.

Help us reach more people by Sharing or Liking this post.

Sandy Rozek

Sandy is communications director for NARSOL, editor-in-chief of the Digest, and a writer for the Digest and the NARSOL website. Additionally, she participates in updating and managing the website and assisting with a variety of organizational tasks.

  • This topic has 6 replies, 1 voice, and was last updated 1 month ago by AvatarPerry.
Viewing 4 reply threads
  • Author
    Posts
    • #82756 Reply
      Avatar
      Mike

      Collective punishment goes far beyond mail. In the bop institutions I was in if a cell phone was found the entire unit was punished (360 inmates) our commissary as restricted to $25 a week and only hygiene, our movement was restricted – no movement after evening chow and locked in on the weekend. This is just one example of a common practice. Sometimes computer access was taken for weeks and even visitation for a unit was cancelled. Our biggest complaint was “why are we all being punished when they have the guy that did it”

    • #82765 Reply
      Avatar
      Surviving

      Yes, way beyond the scope of mail. There once were jobs with prevailing wage, allowing a prisoner to save up money for when the got out, and not be a burden to the community once released. Washington only gives $50 upon release, barely dinner.

      Overpriced commissary. Families send inmates money to help make life bright some times, in a very dark place. Most of these families are living paycheck to paycheck, and can’t afford this type of support. So why are we allowing companies to gouge these family’s only support system. Even vending machines in the visiting areas are ridiculously overpriced.

      Allowing and monitoring emails is something new, that seems to me a good idea to help families communicate. E-cards can bring smiles, I believe the system has a lot of catching up to do.

      • #82768 Reply
        Avatar
        Donna

        It reminds me of elementary school, when the whole class could be punished for what one or a few kids had done. The whole thing is very juvenile and for lack of a better word “ignorant.” It’s very simple, just deal the the ones that are guilty or responsible. These practices are useless and harmful as proven. Money is wasted everywhere we turn.

    • #82769 Reply
      Avatar
      Phil

      Yet another reason to Defend the criminal justice system as a whole.

      Not the police.

    • #82770 Reply
      Avatar
      LJ

      This mail thing is a deflecting mechanism to move the spotlight away from officers who are the ones bringing in drugs. In NC, on minimum custody camps, you have (well before COVID anyway) people leaving the camp everyday to work, but their mail has to be copied. They wear street clothes and eat street food, etc.

      I know for a fact that officers bring in contraband. They bring in drugs, phones, alcohol, etc. They do it to supplement their very low pay. It’s at every prison at every level in every state. The prison system doesn’t want to crack down because it will reveal how screwed up they are AND, at least in NC, they can’t hire officers as it is. If they cut out their supplemental income, they wouldn’t be able to hire anybody.

      In NC after 2015 when the legislature passed physical requirements for officers (keep in mind they already had 400lb+ officers who could barely walk), NC’s ability to hire officers became near impossible. I saw a situation where they had to interview 28 people to find 2 that qualified. Then on their first day, out of the 9 people they hired, 5 quit before the welcome speech was done!

      The deal is that the real costs of incarceration are not being shown and they quality of the people they hire just doesn’t cut it. There’s a reason NC locates prisons in economically challenged areas. They can get people to work for nothing. These extracurricular activities are so out in the open it wouldn’t take much to uncover it. NCDPS just doesn’t want anybody else to know so they put all these procedures in place to push the spotlight away from their own staff.

    • #82771 Reply
      Avatar
      Perry

      I was actually at SCI-Mercer, when The Big Drug Issues were going forth. We were locked down for nearly a month, and had all meals brought to us. We had to ‘Cell Shower’: Which means one guy turns his back to the other while the other washes himself completely. Commissary was out of The Question all that time. Drug Dogs were brought in to sniff us all…one spent a bit too much time near my Genitals and I actually heard another Handler say to the one that had the dog: ‘Tell him to bite this Guy’s Nuts Off. He’s a Ni&%er Baby Raper!’ Needless to say; THAT Officer wasn’t back ever again the following day and was Transferred. Once it was all over, it was discovered that, FIVE DIFFERENT OFFICERS were the ones actually bringing in The K2, but NONE of them were ever arrested or had lost their jobs. They too, just got Transferred! Another Officer before that; was said to have exposed himself to a female Nursing Staffer. HE should have been arrested on the spot…but No. He too, got Transferred! I’d heard stories like this in my entire time being Incarcerated in Pennsylvania’s Prison System from guys that got Transferred there from other facilities. Same type of Stories. Same results, and guess what? The Politicians in Harrisburg ALL KNOW ABOUT IT! Yet, they won’t do anything about it. They all suddenly seem to suffer a Mass Case of Amnesia, when you ask any of them about it. It doesn’t take much to wonder why.
      Nuff Said!

Viewing 4 reply threads
Reply To: Let’s End Collective Punishment in U.S. Prisons
We welcome a lively discussion with all view points provided that they stay on topic - keeping in mind...

  • *You must be 18 or older to comment.
  • *You must check the "I am not a robot" box and follow the recaptcha instructions.
  • *Your submission must be approved by a NARSOL moderator.
  • *Moderating decisions may be subjective.
  • *Comments arguing about political or religious preferences will be deleted.
  • *Excessively long replies will be rejected, without explanation.
  • *Be polite and courteous. This is a public forum.
  • *Do not post in ALL CAPS.
  • *Stay on topic.
  • *Do not post contact information for yourself or another person.
  • *Please enter a name that does not contain links to other websites.

  • *DO NOT POST LINKS TO OTHER WEBSITES
Your information:





<a href="" title="" rel="" target=""> <blockquote cite=""> <code> <pre class=""> <em> <strong> <del datetime="" cite=""> <ins datetime="" cite=""> <ul> <ol start=""> <li> <img src="" border="" alt="" height="" width="">