Voices from Solitary, Analyzing Isolation, Part II
by Voices from Solitary
This post is the next in a series of pieces Solitary
Watch is publishing as part of a project calling for people held in
solitary confinement to write on various proposed themes. Our second
suggested theme, "Analyzing Isolation," calls for writers to provide their analyses of solitary, discussing ways in which the practice is counterproductive.
The
following comes from Dennis Hope, currently held at the all-solitary
Allan B. Polunsky Unit on Texas death row. In his piece, Hope, who has
been held in isolation for over 19 years, examines two major practices
involving the use of administrative segregation by the Texas Department
of Criminal Justice (TDCJ), including the so-called review process and
classification system in place. He can be reached by writing: Dennis
Hope, 579097, Polunsky Unit, 3872 FM 350 South, Livingston, TX 77351. –Lisa Dawson
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In
the past ten or so months I have read a lot of things regarding the use
of Ad. Seg. and changes that are and have been made in other states.
Cindy Eigler with the Interfaith group on Public Policy wrote a story
wherein she gave some numbers on the reduction of inmates in Ad. Seg.
here in Texas. I wrote her with some information regarding some of the
things she had said. I believe she said Texas had reduced their Ad. Seg.
population by 14% over the last two years while the number of mentally
ill inmates in Ad. Seg. rose by 17%. While I don't question there being
lots of mentally ill inmates in Ad. Seg., I do question their reduction
in Ad. Seg. population.
Inmates
in Ad. Seg. go before a State Classifications Committee (SCC) every six
months. If an inmate is a confirmed gang member then he only appears
before them once a year. The problem with the SCC is that, while it is
comprised of three officials, only one has a say in whether to release
the inmate or not. That person is the classification member who comes
from Huntsville to conduct the "review." The warden or his designee and
the other committee member has no vote in the matter. In other words,
the officials that work the closest to the inmate and see changes he may
not have made (for better or for worse) have no vote and whether to
released and made or not. In fact, the other two members signed their
names on that review form and handed over to the SCC official prior to
any decision being made. Whatever they decide the other two have already
signed off on.
The
SCC member from Huntsville reviews the file and does so and a limited
manner. In July 2013 I was seen by SCC member Buckner and was told to
stay out of trouble and have a line class 1 and when I was reviewed in
January I would be released. I did that and was told to remain in Ad.
Seg.. Nobody will honor what someone else says and the SCC member from
Huntsville changes each time we go down there.
Honestly
I think all of their excuses are by design. For over six years I have
had a S-4 (which is the highest time earning class one can have in Ad.
Seg.) and they still found excuses not to release me. By policy they can
keep an inmate and Ad. Seg. for up to 10 years for an escape. In
November of this year I will have been an Ad. Seg. for 20 years. I have
actually been told by some SCC members that they are waiting for me to
lose my mind or lose my health. One even stated that even if I was in a
wheelchair she still wouldn't put her name on my paperwork. That being
their mindset, how can they give me a fair and meaningful review when
their minds have already been made up? The answer is they don't and the
Fifth Circuit of Appeals has said that inmates in Ad. Seg. don't have a
liberty interest or due process protections under federal law.
In
accordance with TDCJ Classification Plan, when Inmate has gone 24
months without a major case and has a Line class 1 or better he should
be released from Ad. Seg. There are adequate policies in place to manage
Ad. Seg. inmates to include their release. The problem is they don't
follow them. In my opinion it's clear they want to ensure the Ad. Seg.
beds remain full since that's their cash cow and what they used to go to
the legislature to get more money and argue why they should be exempt
from the 5% budget cut. It's always the violent inmates they need
bedspace for. The problem is the legislature is allowing TDCJ to decide
who should be placed in Ad. Seg. rather than an independent committee.
In
September 2013 the Texas Legislatures passed House Bill 1003. This bill
would make TDCJ report to Congress who they segregated, what for, how
long, were they under psychiatric care when admitted to Ad. Seg., did
they seek psychiatric care after being in Ad. Seg., were they paroled
from Ad. Seg., were they discharged from Ad. Seg. and several other
stats they want to use to determine whether or not Texas’ use of Ad.
Seg. is harming inmates and ultimately putting the public at risk.
The
problem with that Bill is it wasn't funded. By their estimates it would
take $168,000 to gather the info. TDCJ already has those stats, but
they sure aren’t going to voluntarily hand them over.
They
still move me at least once a week. Sometimes if they move me on a
Monday they come back and move me that Friday. Our friend Stephen
Russell is still getting moved once every two weeks. The cells are not
being cleaned prior to us being moved in the cell. We have complained
and they lie and say the cells are cleaned by officers or SSIs (Support
Service Inmates) prior to us being moved in the cell.
For
about a month this unit had an outbreak of the flu or “Nonovirus.” We
were quarantined on several different occasions back here in Ad. Seg.
They still moved us two different cells and still never cleaned or
disinfected them prior to us being moved in. Additionally, the cells
leak water from the ceilings and back walls when it rains. Numerous
cells have mold, mildew and green moss on the back walls and in the
cracks where the ceiling meets the back wall. The cells most affected
are the ones on two. The showers are filthy and have mildew and mold on
the walls, vents and door. When complaining of the showers we’re told
the night shift who “cleans” them only has so much time and they have to
be off the building so they just half-ass clean them.
The
public is beginning to see the “worst of the worst” aren’t the only
ones they subject to that treatment. If I were to lose my sanity they
wouldn’t take anything I said serious. The fact that I remain sane is
their proof that isolation doesn’t drive people crazy. They have all
their bases covered. : (
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