| Many persons, including the courts and Parole
Board assign considerable importance to how well a prisoner behaves
while he's inside prison. Of course, prison authorities also respond to
prisoners' conduct, at least to their "bad" conduct. There is seldom any
form of reward for good conduct.
In Pennsylvania's 25 prisons there are hundreds of published rules1 and perhaps thousands of unpublished rules2 invented by almost every member of the self-important prison staff. There are essentially no benefits or rewards. The function of prison in Pennsylvania is to harm the prisoners, not to help the society. The object is to make men worse when they are released. When a prisoner violates any of this maze of rules, as he is bound to do, he is, of course, punished. Pennsylvania likes to punish its citizens. In writing, the procedures3 for dealing with misconducts sound rational, but let me use an actual case as an example of the real workings of the system. Two buffoons from the prison search squads4 burst into the tiny cell5 occupied by two young black prisoners.6 The guards started off by questioning the prisoners. The guards demanded to know if there was any "contraband"7 in their cell. Of course, a guard can, and often does, call anything he wants "contraband" and the young prisoners were too trusting. They failed to remain silent.8 One of them told their questioner that there was none in the cell. That was mistake number one. The guards then dumped the few personal possessions in the cell treasured by the prisoners. One guard found the prisoner's broken "Walkman" tape player. The prisoner explained that he had a new tape player on the way. He knew that he would have to forfeit, that is turn in to the prison administration, the Walkman that he already owned. He didn't want the administration to use his old tape player to payoff a snitch.9 For that reason, he had destroyed his own property. Gleefully happy, the guards wrote-up the man, that is, they accused him of misconduct. Well, to be accurate, in this actual case, the prisoner was charged with 4 misconducts: Class I, Category B, Number 8:
Class I, Category C, Number 14:
Class I, Category D, NUmber 26:
Class I, Category D, Number 29:
Since all these charges were piled into a single report, the man faced only 90 days in the hole. Individually, the charges carried: 60 days in the hole (for "contraband"), 30 days in the hole (for breaking his Walkman), 15 days in the hole (for "lying") and another 15 days in the hole (for not confessing); aggregating up to 120 days in the hole for a broken Walkman! This is a real case of which I have personal knowledge. It is far from unusual. For breaking his own tape player, the prisoner faced three months in the hole and the loss of his parole because the Parole Board won't release a man who's committed a misconduct. Here is how the system is supposed to operate after the guard issues the misconduct report. In reality this is a typical bureaucratic rubber-stamp procedure, that it's interesting, all the same. Supposedly the misconduct report, the "write-up," is supposed to be specific, making an exact charge on exact facts. Such legal niceties are seldom observed. Take another real-life case, a man charged with possession of "contraband" because he possessed one of those little plastic adapters which allows rabbit-ears to be plugged into the cable jack on the expensive little television sets that prisoners are allowed to buy. It was decided that the adapter didn't fit into the above definitions of "Contraband." Not to worry, the prisoner was found guilty all the same because the adapter had been "altered!" After he gets his copy of the misconduct report, the prisoner has 24 hours to prepare a defense, as if it mattered. Sometimes he's allowed to designate some other prisoner to help him at his "hearing." The prisoner is allowed to ask for up to 3 defense witnesses. Generally speaking, however, if he asks for other prisoners as witnesses, they are disallowed. It's all window dressing anyhow. Then there's the "hearing." The Department of Corrections ("DOC") employs a pool of bureaucrats to "hear" and rule on misconduct charges. In other agencies these employees are usually educated, tested, reasonable and fairly knowledgeable. In those agencies they are called administrative law judges. A DOC hearing examiner ("HE") bears no resemblance to an administrative law judge! Lets use a purely fictitious example. We'll call this imaginary HE "Chunky Mitchell." Lets pretend that, like most of the HEs, skunky Chunky was a prison guard before slithering into this much better paying job. Pretend that he was a guard at SCI-Camp Hill12 during the time of the "riot." Pretend further that he'd been such a bastard of a guard that the prisoners used the excuse of the "riot" to attack Chunky and repeatedly violate his rectum with an assortment of articles from penis to a carpenter's router running on high. Like almost all hearing examiners, Chunky was a guard and hates prisoners. His duty will be to impartially hear the charges made by a guard against the prisoner and to fairly render a decision. Yeah, right! The prisoner appears for his "hearing." He's handcuffed, belted or chained and sometimes shackled. HEs are terrified that after they screw some prisoner, the man might be a tad miffed and elect to remodel the hearing examiner's smug mug. The HE reads the misconduct report and asks if the prisoner has anything to say before he's thrown into the hole. The prisoner is allowed to say a few words to try to explain or reason out of the charge. In those relatively rare situations where a witness has been allowed, the HE calls him and questions him. Of course, he leads the witness toward saying what he wants to hear. Most often, one or more guards or members of the staff are called in to "testi-lie13 as a means of strengthening especially flimsy accusations. Nothing about any part of this procedure could be called "fair." After this charade the hearing examiner imposes sentence. There is not even a provision for a prisoner to be found "not guilty." In extremely rare situations a charge may be "dismissed." The prisoner is still a guilty piece of shit, but the HE as has just kindly decided to let him off. More often, when the misconduct report is so badly written up that not even the HE can use it as the bases for throwing the victim into the hole, the hearing examiner will "dismiss without prejudice." That means that the guard who made the charge gets another shot at doing it right. Generally, for the sentence, a prisoner is tossed into the hole for 30 or 60 days. It can be 90 days and even more. Ben Porta was sentenced to something over 1200 days! A black man got only 30 days for saying "fuck." An older prisoner got 60 days for betting on a football game. You get the idea. In addition to their stints in the bleak prison hole, convicted prisoners lose their prison jobs, lose the "programs" they need to be paroled, lose their prison pay of about 76 cents a day. Besides time in the hole, prisoners are sometimes sentenced to "restrictions." That means they aren't allowed out of their cell. One can also be sentenced to loss of meals, visits, telephone "privilege" and so forth. Where prison authorities try to blacken prisoners by condemning them for their in-prison conduct, you should realize what's really going on. Should parole hinge on a broken Walkman, the word "fuck," or a bet on a foot ball game?
FOOTNOTES 1 Years ago Federal Judge Lord ordered that
to be binding, prison rules had to be published and a copy given to each
man individually. Sometimes the Department of Corrections ("DOC") actually
obeys that order. More often DOC belies that it's above the law.
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