Prisonlandia, part 15

 

Observations

 

Occasionally, each unit goes through an audit which is conducted by the American Correctional Association (ACA). The interesting thing about these audits is that they are announced weeks or months in advance, giving each unit sufficient time to address possible issues. This process doesn’t seem to provide an accurate reflection of the system and the problems that fester within it. My suggestion: do unannounced audits and inspections so that the ACA can really see how the unit is managed and operated on a day-to-day basis. My observations over the years on each of my units has been that each unit is kind of run in a lackadaisical manner, was often undermanned, yet ran more efficiently than when they would begin preparing for an audit, had more staff, and began trying to fix and address all of the problems that they ignored for the rest of the year.

There has got to be more accountability within our Prisonlandias and upon the staff who operate them. Having unannounced audits would force this to occur. There is a saying in TDCJ, that you will often see posted that reads “Security is not convenient” and they are correct, however, the same is true with accountability.

 

You Did What with a Domino?

 

I had heard about and witnessed some odd things while in Prisonlandia – I even saw one guy split the end of his tongue with a razor blade, on purpose, so it would look reptilian. Pretty crazy considering that Prisonlandia is a breeding ground for fungus, bacteria, and other undesirables. However, even stranger that that is the ritual of Domino Dick. No, that isn’t the nickname of a guy who plays a mean game of dominos. It is a process where a piece of a domino is shaved down and sanded and then placed under the skin or the top (or bottom) of an inmate’s penis. No, this isn’t a procedure that you can have done at the Infirmary on taxpayer dollars, it’s done by another inmate. Yep, another guy holds your junk, cuts it with a razor blade in a cell with minimal to no medical supplies or any type of numbing agent. The reason? To be more stimulating for a woman. Or perhaps a man while locked up. This is insanity. I’ve heard stories about inmates having this done and then getting infections or having non-stop bleeding.

In my opinion, there are significant underlying mental issues associated with this type of behavior. Cutting on yourself, especially your penis, is a form of self-harm that I believe, stems from self-loathing – sadness with who you are and a desperate attempt to be something different. I would love to hear Freud’s take on this. All psycho-babble aside, it’s just a really stupid idea to be cutting on your junk.

 

Legal Mumbo-Jumbo

Prisonlandia is a strange place, full of more contradictions than a David Lynch film. Upon careful study of the legal framework that supports the proliferation, you will have visions of dogs chasing their tails and pathways that loop around only to bring you back where you started. You’ll soon learn, if you do a deep-dive, that what initially appears to be helpful hints to help you have a short, productive stay in Prisonlandia are actually loop-holes that ensure you stay as long as possible. After all, a lot of hungry mouths depend on the constant and thriving tourism industry in Prisonlandia!

It’s important to know your rights, both pre and post-conviction. I thought I knew the law until I got locked up and then suddenly, I was confronted with a whole new area of statutes that was new and very confusing. I AM NOT HERE TO OFFER LEGAL ADVICE AND I AM NOT AN ATTORNEY, but it is crucial that you know your rights while awaiting trial or court appearance and your rights and remedies after your conviction. I know that it sounds unbelievably boring, but take advantage of the legal resources available to you through the law library and on your digital device. Research case law, understand statutes and rules, terminology, and the Code of Criminal Procedure. Learn and understand these things even if you have the luxury of affording an attorney. 

The Difference Between Parole and Mandatory Supervision

 

These are two different concepts in law, although at times it will seem as though they are the same.  I’ll try to explain this in as simple of terms as possible but it’s really something you need to experience in order to understand the nuances.

Parole – The first thing you need to understand is that you have NO RIGHT to parole based on Supreme Court precedent. If Texas offers it to you, it is a privilege and a blessing, but based on the wording of the law created by the Texas Legislature, there is no creation of an expectation of release. YOU may expect release, but the LAW creates no such thing. In short, it doesn’t matter what you feel, only what the law says. If you have an offense that is considered “aggravated” or “3G” you will only be eligible for “Parole” (typically at the halfway point of the sentence). If and when you are granted release, the Parole Board can require that you take a rehabilitative program before you leave. This could range between three months (FI-3 vote) or as long as eighteen months (FI-18 vote), of course depending on the severity and type of case you have. Keep in mind, under regular parole, you must do half of your remaining balance before you are given credit for your “street time” For example, let’s say you make parole on a ten-year sentence at the four-year mark. You would have a balance of six years remaining and would have to do three of that before they will start counting the time you are out against your sentence. So, if you screw up and get your parole revoked after two years out, you go back to Prisonlandia with six years remaining – no credit for the two years you did on the street. It’s easy to see how a ten-year sentence could ultimately turn into a fifteen or even twenty if you were given multiple chances but kept screwing up.

Mandatory Supervision – This is what is often termed “short-way” if you're eligible based on your charge. The law (Tx Gov’t Code 508.147) says that you shall be released when your flat-time and good-time equal 100% of your sentence. If you are released prior to this point you will be released on “regular” parole as we discussed before. However, under this law, there is more: You shall be released to Mandatory Supervision, UNLESS the Parole Board determines that 1) your accrued good conduct time is not an accurate reflection of your potential for rehabilitation AND 2) your release would endanger the public (Tx Gov’t Code 508.149). The law is actually called Discretionary Mandatory Supervision. Let that sink in. That’s right, our legislators are actually proposing and passing oxymoronic legislation. The problem with this is the fact that there is no set standard or criteria in regards to “potential for rehabilitation” or achieved rehabilitation for that matter. So, the Parole Board with its unfettered authority can deny your release even if you have been a model inmate with no disciplinary cases. I saw this many times with other inmates, including myself. The Board would continually deny well behaved inmates not based on their behavior while incarcerated, but instead based on the instant offense which led them to Prisonlandia.

The big difference with Mandatory Supervision as compared with “regular” parole, is that due to the language used in the statute (despite the oxymoron), it creates a “liberty interest” in release which means that you have an expectation of release which has minimal constitutional protections. This is why thirty days prior to your Mandatory Supervision review, you will be called to sign a notice which will advise you to submit any evidence you have that will support your potential release. This same notice is not required with “regular” parole review. If the Board ever votes on an inmate and does not issue a thirty-day notice, they have violated law and your rights as created under Retzlaff v Texas. When released under Mandatory Supervision you are not required to complete any rehabilitative program prior to release. When released on Mandatory Supervision, your street time starts as soon as you step out of the gate.

For both parole and Mandatory Supervision, the Board has a list of generic, one size fits all “reasons” why they deny you. The actual reasons (if any) are contained within your parole file, which neither you nor your attorney have a right to view. Also, remember that your victim or anyone else, can protest your release. If this is the case, you have no right to any notice of such, and due to your parole file being sealed, you are unable to defend against malicious protestors and false claims.