Thursday, April 20, 2017

PRISON CIVIL DISASTER: "...please empower me to speak up, and bring massive corrupt retaliation upon myself,..." "The risk is only mine."



PRISON CIVIL DISASTER:
"...please empower me to speak up, and bring massive corrupt retaliation upon myself,..."
"The risk is only mine."

How is your prison system working for you? It sure the fuck is not working for me. I have spent sixteen years of dead time on the Colorado taxpayers’ dime—ten of it to subsidize a corporate incarcerator.  I am a member of the 1/3 that does not require any rehabilitative resources.  In an efficient system there would be productive ends available for mutual benefit of myself and taxpayers –industries, vocational programs et cetera.  Ironically, in a private facility I did teach electronics; that is all though! I have not had access to any other industry nor vocational gig; hence sixteen years of “dead time.”

So, here I sit wasting time, wasting corrections’ resources, wasting away: with exactly zero future intentions in Colorado. My solution, for two years now, has been to apply for “interstate corrections compact,” (ICC) transfer to Maine; where I do have future intentions and may do productive time. Of course Colorado hates being called out for having a gratuitous, ‘dead time’ incarceration regime; and refuses to allow me to apply for the compact—it has only been law since 1937!

I am pursuing a Civil Rule 106 law suit to lift the corrections department’s restriction on application for ICC. I have also drafted a bill to amend the ICC statute: “No restrictions will be imposed on inmate application for Interstate Corrections Compact.” These extreme extents are necessary because there is systemic fear of CDOC’s control of state government therefore no oversight of CDOC regulatory process. 

Who wants to look under the hood of a prison system?

Please let me inform you that to not care about departments of correction’s (DOC’s) is to give license to corruption; institutional, systemic, fuck the law omnipotence! The courts will not rule against CDOC abuse—usually in the form of the department’s willful ignorance of statute. The legislature will not fortify laws to surmount DOC malfeasance.
Who wants to petition the government to look under that hood of the prison system; and do their elected jobs?

Politicians will not care if the people do not care. So, the incarcerated and their relatives must act. This has to happen by civic groundswell. Malicious incarceration is a civic problem that needs popular outcry. There exists a pothole hot-line for a road crew to patch a void in an asphalt surface that affects your life. Should there not be a hot-line for over-incarcerated people that constitutes a void in the civic fabric? 

The current, most salient and ripe issues are:  1.) Illegal aliens held past their parole dates, in violation of statute and public interest, 2.) Inmates denied parole hearings and community corrections eligibility by malicious miscalculation of parole eligibility dates (PED), 3.) Inmates denied application for Interstate Corrections Compact, to be relocated to a state in which they have future intentions (family and work).

These problems, which could decrease the inmate population by 10-15% and better spread resources, are being systemically suppressed. 

Why corrections departments neurotically hold people…e.g., a case manager here claimed to be ‘3 for 3’ with the November parole board, for denials of parole!...and claims this to be irrelevant. It is institutional, systemic, neurotic, and immune to negotiation. Popular uprising and fortified laws are the only solutions

Below is the simple bill I proposed to correct problem 3 above.[1] This is required in the degenerated state of government, society, and culture. I have “privilege” of being bold and outspoken because what the fuck else are the abusers going to do to me? The 1% have ripped me off through my government, the government apparatchiks (courts) deny all inmate filings, the media fear the business controlled government institutions…

So, paradoxically, please empower me to speak up, and bring massive corrupt retaliation upon myself, to prove my point. I need press coverage and people to bring physical copies of my bill to the legislators in Denver. Who can help with this first step? The risk is only mine.

___

COLORADO BILL #_____

Corrections Compact Accessibility Act

An Act to secure availability, accessibility, and antecedent qualification of Interstate Correction Compact to inmates with no legal encumbrances or future intentions in Colorado.

Whereas, The Interstate Corrections Compact (CRS § 1601, 2, & 3) is a long standing and robust statute for inmates to transfer to other compact state jurisdictions.  Most often transfers were executed as swaps, whereby the sending and receiving states swapped inmates for mutual benefit of placing inmates in states where they have support, are from, or have future intentions.
(CRS ~24-60-1602) The Purpose and Policy of ICC states:
The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interest of such offenders and Of society and effecting economies in capital expenditures and operational cost. The purpose of this compact is to provide for the mutual development and ,execution of such programs of cooperation for the confinement, treatment, and rehabilitation of offenders with, the most economical use of
human and material resources. (Art. I, ibid.)

Whereas, the Colorado Department of Corrections (CDOC) has eliminated application for Interstate Corrections Compact.
Be it enacted to restore Interstate Corrections Compact.

Whereas, this bill endeavors to minimize the expenditure of CDOC resources on inmates with no future intentions in Colorado.  ICC has been long standing and robust statute; underutilized for its purpose of mutual benefit between compacting states for the beneficial placement of both out-of-state inmates to their home states, and returning Colorado residents.

Whereas, inmates sent to a receiving state at the daily rate paid to instate private incarceration facilities appear to be only a cost neutral proposition—same per diem paid to receiving state as private incarcerator.  This discounts failure of future homeless parolees who should not be forced onto Colorado communities. Proper ICC intrastate deports inmates to their best opportunity for post-incarceration success, and frees up resources for inmates with future Colorado intentions and potential. In the event of a swap the sending state payment is nullified and future potential is doubled. 

Whereas, there is no valid investment for Colorado citizens in out-of-state inmates that can be intrastate deported. This simple amendment to the ICC permits better application of that statute for better fulfillment of the CDOC mission.

Whereas this bill will:
·         Make pre-existing ICC accessible.
·         Clarify the best applicants for approval.
·         Divest the people of Colorado from future unsupported ‘doomed to fail’ parolees, (That is; it optimally pre-places inmates for home state parole or discharge.)
·         Frees up CDOC resources for inmates with future intentions in Colorado.
·         Encourages success of out-of-state inmates in their home states.
·         Encourages Success of Colorado residents in the event of inmate swap into their home state.

Whereas this bill will not:
·         Impose any mandatory strictures, (Application remains voluntary and transfer contingent upon receiving state acceptance).
·         Forcefully, nor unilaterally expel inmates.
·         Impose any new operating paradigms on the CDOC. (ICC has a forgotten history of successful transfers).
·         Impose any increases in staffing or budget (Private prison monitor staff may shift to ICC monitor at the same staff/inmate contracted ratio).
·         Impact safety or security.

Be it enacted by the General Assembly of the State of Colorado:
Section 1.  24-60-1603, Colorado Revised Statutes, is amended by the addition of a new subsection to read;
24-60-1603 (1). The Executive Director of the Colorado Department of Corrections is to administer Interstate Corrections Compact.
(a)    No restrictions will be imposed on inmate application for Interstate Corrections Compact.
(b)    Applicants that demonstrate no legal encumbrances nor future intentions in Colorado shall be approved for Interstate Corrections Compact.
(I)                 This subsection does not restrict approval of Interstate Corrections Compact to inmates with no legal encumbrances, nor future intentions in Colorado.
HB / SB        To be enacted             2017
Senator  /  Representative






[1] Problems 1 & 2 are stalled at these two places: 1.) Alan Pendergast, of The Westword, has exposed the problem of parole board malfeasance. The public seems not to care about this disregard for law, 2.) April Elliot is representing Scott Diehl in a habeas corpus that will address intentional miscalculation that has denied him twelve opportunities to have seen parole and community corrections board. This is established law in Nowak and Fetzer precedents. The public seems not to care about this disregard for law.

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