The Pennsylvania Department of Corrections has circulated yet another goofy and illegal regulation. This one infringes the use of the mail by prisoners and the public. It's a lengthy, bureaucratic regulation. Some of its worst provisions are: While there are many other ugly provisions of this ill-conceived regulation, these are some of the highlights.
Like most Department of Corrections regulations, this one was imposed in secret and in violation of Pennsylvania law. Several laws seek to protect citizens from unsound and illegal regulations. Typically, the Department of Corrections has ignored and violated all of them.
The Commonwealth Documents Law is intended to prevent secret regulations which infringe important rights. It requires that all proposed regulations and policies must be given an opportunity to express its opinions and objections to the proposed regulation.
DOC's mail regulation seriously infringes the rights of both free and imprisoned citizens, but DOC went ahead with the regulation in open defiance of the Documents Act.
Another law, the Commonwealth Attorney's Act, provides that all new regulations must be submitted to the Attorney General before enforcement. The Attorney General is required to express a legal opinion about the proposed regulation as to its constitutionality and legality. DOC violated that law, too and refused to allow the regulation to be legally reviewed. Obviously, with an extremist like Mike Fisher manipulating "justice" in Pennsylvania, Constitutional and legal safeguards don't mean much, but still the law offers a smidgen of protection.
The Independent Regulatory Review Commission Act requires that proposed regulations be submitted to an "independent" board before the regulation is enforced. The board is required to examine the proposed regulation to see if it's in the public interest and cost effective. Obviously, in the present Ridge Reich control of thought pervades state government. Independent thought and opinion are not tolerated. Independent action is quickly punished. In such an environment, an "Independent Review" of regulations is pretty much an illusion. While the board might have to check with the fuhrer to assure obedience to the Republican party line, the law still offers some small deterrent to DOC abuses.
The Pennsylvanian Department of Corrections is arrogant in its power and shows contempt for laws; both state and federal. Under Commissioner Horn the DOC enforces an extremist political agenda. The "new" mail regulation is just one example of Horn's agenda. It's an insidious and un-American agenda which includes: Horn's Department of Corrections operates a state monopoly for selling telephone service to prisoners' families at the highest possible prices. It operates a clothing monopoly to sell shoddy garments to prisoners at the highest possible prices. Horn's scheme is to expand the state monopoly by isolating prisoners from outside free-market vendors of goods and services who might offer the best prices and quality though "bulk mail" advertising.
The provisions of the regulation are not really "new." They are just the latest incarnation of the sort of abuses which numerous court battles have struggle to correct. The control freaks of the extreme political and religious right wing are terrified by freedom and liberty, and even by sexuality. Sex and masturbation are such an obsession to them that even nude photographs and erotic communications alarm them. Since their pleasure comes from inflicting injury, they won't tolerate another's pleasure coming from sexuality.
Certainly, someone will have this unsound regulation voided in court, but it reflects the minds of the people in control at the Department of Corrections. The BAD people aren't the prisoners so much as their keepers.
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