The Number of Michigan Prisoners with Lengthy Sentences Nearly Double Other States

 The last several years, Michigan's legislature has sat on a bill called "Second Look Sentencing." This bill would allow prisoners with long sentences, even life sentences, to have their sentences reviewed by a judge and reduced. Of course, the prisoner would have had to demonstrate good behavior and rehabilitation. The judge would have to be convinced that the prisoner will be safe to release to society sooner than his original sentence mandated. 

Although this Second Look Sentencing bill has been introduced in Michigan for at least the last two legislative sessions, the Speaker of the House and the Senate Majority Leader have held it up from even having a hearing. 

Perhaps these legislators are concerned about the potential political fallout of releasing prisoners early. That's why any good time bill has not even had a hearing in the Michigan legislature, too. 

But, here are the facts: 
* Michigan's average prison sentence is the longest in the nation. 
* Michigan's prison system is woefully understaffed, by around 40% the last statistic I've heard. 
* Longer prison sentences do not equate to safer communities or to greater rehabilitation. 
* Michigan has almost twice the percentage of prisoners who have served more than 10 years compared to other states. The national average is 17% of prisoners, and in Michigan, 32% have served more than 10 years. A full 41% of Michigan prisoners will have to serve more than 10 years before being eligible for parole. 
* Michigan has 4,500 lifers who will never leave prison, without a second look option. These prisoners will never be eligible for parole. 
* Michigan has a felony murder statute, allowing life sentences for any involvement in a felony where someone died. Premeditation and intention are irrelevant in these cases. 

The original Second Look Sentencing bill would allow prisoners to have their sentences reviewed after 10 years. However, given the resistance from legislators, the next version of the bill is likely to raise that limit to 20 years. This will significantly reduce the number of prisoners who might be eligible for reductions in their sentences. But, it's a start. 

Yet, even small steps in the right direction require action by the legislature or governor. Instead, they're too focused on preserving (and growing) their positions of power. So, the problems of understaffing, overcrowding, and ineffective sentencing policies remains. 

When will Michigan's politicians finally take these problems seriously and make real attempts to resolve them? 

(Statistics taken from SADO's Criminal Defense Newsletter, September 2024, Vol. 47, Issue 12.)

Gratitude in Prison is a Gift

Fall is my favorite time of year. It's been that way for as long as I can remember. There's just something I love about the cool mornings and evenings and the warm days. Perhaps, though, it's also tied to my fond memories of working on a strawberry and vegetable farm as a teenager. Harvest time is an exciting and busy time of year on the farm. 

Something about this year, especially, has stirred up my longings for fall activities. I remember going apple picking with my family, along with hay rides and hot apple cider. I miss those days, for sure! I miss picking out pumpkins with the kids and planting mums in the yard. I even, strangely, miss raking the falling leaves. 

Michigan is a state rich in fresh fruit, but we don't get access to it in prison. In fact, we don't very often get any food that's close to fresh. Apples and bananas are the only "fresh" fruit we get (in about a 10 to 1 ratio), and they are imported from other countries, for the most part. Sometimes the apples aren't bad, but they aren't fresh and juicy like you'd get at a U-Pick 'em spot in a Michigan orchard. 

It's amazing the small things you miss while being in prison!

The prison where I'm currently housed has no gardens for prisoners, like they had in the last two prisons where I've been housed. There is one garden here, but none of the prisoners get to eat the fresh vegetables. We're also not allowed the therapeutic labor of tending the garden. 

This prison is mostly concrete and pavement, but recently I was struck by a couple of blessings we have here that I've not experienced elsewhere in prison. 

We have about a dozen Sandhill Cranes that frequent this prison, lounging around outside the chow hall, mostly. We're not supposed to feed the birds, but many prisoners do, even sometimes right out of their hands. I've never seen a Sandhill Crane this close up. I could literally reach out and touch them at times. It's pretty cool. I never knew these birds were so loud when they want to be! They are pretty magnificent!

We also have a couple (or three?) Red Tailed Hawks that nest around my housing unit. We frequently see them flying over our small yard, or perched up on a post or lamppost around the wall. Although I didn't see it, apparently in the last two weeks other prisoners have seen the adult hawk catch a mouse outside the chow hall and a rabbit outside our unit. These birds are also marvelous creatures. Every time I see them, I'm transported from this place for a brief moment as I wonder at their beauty. Who knew such beauty could be found inside prison? 

I've found over my years in prison that the practice of gratitude, which requires cultivation daily, has a profound impact on my ability to stay positive in such a negative environment. When I see things like these beautiful birds in prison, it's easy to be grateful. I find it doesn't take much to keep my attitude right, if I don't let the small things pass me by without notice. 

I might not be out in the free world right now enjoying fall activities, but I'm extremely grateful for the great memories I have to draw from. What a treasure to cherish! I'm confident, too, that I'll make more good memories again soon. 

Promises, Promises--Prisons and Political Pandering

 When Gretchen Whitmer first ran for Michigan Governor, she touted herself as friendly towards prison reforms. She even selected a Lt. Governor, Gilchrist, as a running mate, in part because of his support for criminal justice and prison reforms. 

Since she was elected, Whitmer has done next to nothing to reform prisons or the criminal justice system. About the only positive thing that has changed is greater funding for the indigent defense fund, which started under Governor Snyder. So much for promises of reforms. 

It's not surprising, or new, that politicians use politically expedient promises to get elected. Yet, it's discouraging and disappointing to know that so many political promises are simply ploys to get elected. 

A recent Republican TV ad attacking V.P. Harris touts her promise to fund sex change operations for prisoners who want gender reassignment surgery. I don't know when Harris made this promise, or even how serious she was about it, but I had to laugh when I saw the ad. 

Michigan prisoners can't even get a Tylenol from prison medical services. I personally know numerous prisoners at my current prison facility who can't get treatment for serious medical conditions, like cancer, serious hernias, heart issues, hip replacement surgeries, hepatitis-C, and debilitating pain. These issues seem significantly more important to me than elective surgeries. 

It might be politically expedient for Harris, or other politicians, to make progressive promises of reform, but the reality is that most political promises are empty. More importantly, though, is that promises like paying for gender reassignment surgery demonstrates a complete lack of touch with the real life and death issues faced by the vast majority of prisoners. 

I have an idea. How about improving the quality of food served to us so we aren't fed food past its expiration date or that not intended for human consumption? Or how about improving health care so serious medical issues are not ignored in order to maximize profits? How about addressing the staff shortages by passing real sentencing and prison reforms?

These are the real issues that politicians need to address, but empty promises that make headlines are more salacious than addressing real needs.

Divide and Conquer--How Prisons Limit Community Building

 Recently, while walking with another prisoner on our prison's big yard, I noticed a gathering of gang members. They'd pulled several tables near each other and were having a powwow. Of course, I have no idea what they were discussing, but it was clearly a gathering of at least two, maybe three gangs. 

I commented to the guy I was working with that I was surprised the officers had not broken up the meeting. We continued walking for the next 30 minutes or so when we finally saw a yard officer and captain head over to the gang meeting. The officers didn't say anything, but by just stopping next to the tables, the meeting broke up immediately, and the gang members disbursed. 

For obvious security reasons, the prison yard rules prohibit gatherings like these gangs were having. In fact, the rules prohibit more than six people gathering at the same table. During softball games, it's not uncommon to see eight people sitting at a table, though. It's obvious, however, that these are just spectators, not people meeting together. 

The following morning, I grabbed my Bible and headed out to our small yard for our weekly Bible study. It's been growing over recent weeks and has had between ten and twelve people getting together. We've been left alone by staff as our study has grown, but not this morning. About 15 minutes into our study, the same Captain came and told us to disburse. He was respectful about it, but he cited a yard rule that prohibited religious studies on yard. 

Many of the men were upset that we were being told to disburse. We were just studying the Bible, after all. We were not having a "gang meeting" or doing anything nefarious. But the rules are the rules. I'm quite sure the Captain knew he had to apply the rules across the board fairly, regardless of if we liked it or not. 

It's, perhaps, against religious liberties to stop prisoners from collecting together to study the Bible, but the courts will always side with security over things like religious rights. So, we have to find ways to study that don't violate policies. 

Since the primary purpose of prisons is security, other "rights" are often relegated to a secondary place. It's never simple. You'd think prison would be pretty simple and clear cut. It's not. Rules are enforced when the powers want to enforce them, and they aren't when they aren't considered important. 

Perhaps the most frustrating aspect of prison "rule enforcement," though, is that corrections officers and their bosses enforce rules on prisoners, sometimes even petty rules, but often don't follow their own rules. It's simply a hypocritical part of prison that we have to learn to deal with. It definitely teaches humility, patience, and a host of other positive qualities, if one is willing to be taught by this incarceration experience.

Shattering Hope in Prison through Bureaucratic Ineptitude

 Hope can be a dangerous thing in prison; however, without it, prisoners lean into despair, sometimes choosing to take their own lives. Others give up and surrender to meaninglessness. That might take the form of illicit drug use, or it might look like sleeping or watching TV all day, among numerous other useless endeavors. 

Hope can also cause many prisoners to grasp onto every rumor of good time bills passing or revolutionary court decisions, or even onto promises of reform from politicians. In the fifteen plus years I've been in prison, I've heard the same rumors recycled over and over, often with a new twist to give it a hook to catch desperate people. Sadly, both unscrupulous prisoners and cold hearted staff members start these rumors. Sometimes, though, the rumors simply morph from one tiny bit of true information. 

Last year, for example, the Michigan legislature passed the state budget. Within the Corrections budget was a line item for the purchase of electronic tethers. If anyone bothered to look, that line item is in the budget every year because the Michigan Department of Corrections (MDOC) manages the State's tether programs. This normal line item, though, somehow morphed into the rumor that the MDOC would soon be releasing thousands of prisoners early, on tether. 

Of course, this rumor was completely untrue, but trying to reason with people who are desperately clinging to any scrap of hope is usually pointless. I tried to explain the truth to those who excitedly shared this juicy rumor with me, but to no avail. 

Some hope, though, is reasonable. For example, prisoners who have been scored with a "high probability of parole" have an expectant hope that they will, indeed, be paroled. Lately, though, many prisoners have been receiving a deferral from the parole board. This isn't a denial of parole, but it's not an outright parole, either. 

The Michigan Parole Board usually gives deferrals for psych exams, community placement housing, or to complete a class. A prisoner might spend 10 years in prison, for instance, and complete all the requirements he was given, only to see the Parole Board who then decides they want the prisoner to take another particular class. The Department had ten years to add this requirement, but they wait until the prisoner is expecting a parole and hopes to leave prison within a few months. 

The book of Proverbs says, "Hope deferred makes the heart sick" (Proverbs 13:12). I've seen this scripture fulfilled, sadly, hundreds of times. It shouldn't take months to conduct a psych evaluation or to find public housing. Prisoners have to tell their counselors months before they see the Parole Board where they intend to live, so the department knows well in advance if a prisoner needs community placement housing. 

I know several prisoners, right now, who are stuck in a black hole of waiting. They've been given a deferred parole, but they've since been given no updates, no expectation, no information for months. They may as well have received a denial (called a "flop"). Most of these deferred prisoners wait between 6-9 months after their expected parole date to finally leave prison. It's completely unnecessary, and I would argue unjust, to hold a prisoner past his earliest release date when he's done all that has been required of him.

I don't want to be cynical and say that the Parole Board intends to strip these prisoners of hope, but that is the effect of their current system. It's enough to make someone lose his mind...expecting to leave the hell of prison only to be told, "Sorry...you'll have wait some more, but we don't quite know how long." It's just another thing to add to the long list of reasons prison can contribute to a break down in mental health. 

The prison system ought to be cultivating a growth mindset in its prisoners, not causing constant disillusionment. It's enough to make some prisoners lose all hope.

Paying it Forward in Prison -- Recovery and Rehabilitation

 In prison I facilitate (teach) an addiction recovery group called Breaking the Chains. It utilizes some Alcoholics Anonymous materials, as well as materials I've developed on subjects related to addiction issues. After recently training several other facilitators, we now conduct six classes a week, each meeting twice a week. Each class has around 15 participants at any given time. 

In recent months, we've had a surge in requests to take the class. We now have nearly eighty prisoners on a waiting list to take the ten week class. There's not much else to do at Parnall Correctional Facility in Jackson, Michigan, unless you are a prisoner who has been accepted into the Jackson College program or the Vocational Village trades program. 

Some of the prisoners who participate in Breaking the Chains are there simply because they want the certificate and the parole board recognition of participating in a self-help group. That's fine. I don't mind those prisoners attending. I hope they get something out of sitting through the classes. Others, though, are actively working on gaining or sustaining recovery. 

One of the likeliest causes of a person returning to prison is when he (or she) returns or continues in their substance addiction. To support a drug or alcohol habit, some return to crime, which inevitably leads back to prison. We have some prisoners in our groups who have been to prison five or six times, usually for the same types of crimes. 

I get a sense of fulfillment in teaching these classes. I've seen prisoners decide to stay on their mood stabilizing medications after discussions in class, begin setting and working towards goals, identify and focus on living into their values, and do the difficult work of forgiveness and making amends for their past wrongs. I've also seen guys relapse, and though that can be discouraging, it's still satisfying to know they have more tools to recover (again) now than they did in the past. 

Substance abuse continues to be a big problem for many prisoners (as well as those in the free world!). That's why I focus on helping these men identify and deal with the root issues that led to their addictions. Failing to deal with the root cause means any recovery will simply move the problem to another area of their lives. Discovering that root cause, though, is tough for a lot of these men. Their lives are often marred by a history of trauma, and that makes it tough for them to know where to start. 

I don't believe I can give these guys everything they need to know to recover, but it feels good to have a purpose in prison that leads other prisoners to unburden themselves and make better choices. It feels good to be able to make even a small difference. I'm simply paying it forward after others have helped me along the way.

Labor Day in Prison Means More Cancellations Amid Critical Staff Shortages

 Today, as I write this, it's Labor Day. This holiday, like most in prison, is always a disappointment. Yeah, it's a day off work, and sometimes there are activities, but we're separate from our families. That's the part that really hurts. 

Additionally, especially since the MDOC has had a major staffing problem, holidays in prison have become another major excuse to cancel things. For example, this morning's big yard time and gym were cancelled...again. It's been cancelled almost every morning this week. Holidays are no exception. 

The restrictions implemented during the Covid-19 pandemic radically changed how Michigan operates its prisons. Many restrictions have remained, despite the lifting of social distancing mandates. Religious services are still restricted (limits to number of prisoners), visits are still restricted (2 hour limit, scheduling required), and internal fences and mingling restrictions have remained in place. 

These mingling restrictions, especially in a level 1 low security prison, were very uncommon prior to the pandemic. Holidays saw large events on big yard times -- concerts, softball and corn hole games, and people making and sharing food. Now, you can hardly tell it's a holiday, except that everything is cancelled (library, classes, etc.) due to the holiday. And "staffing shortages" mean our yard times and recreational activities are cancelled too. 

I know prison isn't supposed to be "fun," but when prisoners have nothing to do, nothing to keep them busy, their energy is spent in other ways. And those ways are not very often productive. 

It's a beautiful day out, though, so I'm going to make the best of it, get some sun, talk with some other prisoners, and keep my attitude positive as I look forward to future Labor Days spent with my family, doing what I want and eating what I want. Those days can't come soon enough!

Prison Staffing Shortages Lead to Mental Health Crises

 The Michigan Department of Corrections continues to be plagued by staffing issues, and the shortage has been increasingly affecting how the prisons are operated. 

From time to time, each prison cancels things like weight pit, yard time, gym time, etc. for various reasons. Lately, however, the cancellations have been increasingly regular and almost always due to "staff shortages." When recreational activities and times are cancelled, especially on a regular basis, it increases the anxiety and frustration among prisoners. This, too, has a negative effect on the corrections officers, because they have to deal with the resulting drama in the housing units. 

According to a recent news report, the Department is 36% short on their staffing. At some prisons, the shortages are closer to 50%. Consequently, officers are required to work double shifts on a regular basis, taking them away from their families and lives, and leading to mental health crises among staff. 

Families of corrections officers are so fed up with the unreasonable demands on their loved ones that they, and non-custody staff, have been picketing in recent weeks at several prisons around the state. Corrections officers themselves are not allowed to picket, but that doesn't stop those who care about them from doing so. 

After another recent cancellation, one officer suggested to me that the only way something would change is if the prisoners stood up together and "did something" about it. I was taken aback at his suggestion, which is tantamount to inviting exactly what the prison system does not want. I also thought it was incredibly selfish for him to make this suggestion. 

If prisoners even so much as write a petition together, it could result in the severest class of misconduct tickets, time spent in segregation, transfer to a maximum security level, and even potentially new charges. This officer knows he cannot protest his working conditions without risking losing his job, but he also knows that prisoners risk far more if we protest. 

Yet, this officer suggests we sacrifice ourselves for HIS cause. It's ludicrous! Yes, we are losing important privileges because of staffing shortages, and yes, that results in a serious decline in mental health among prisoners and staff. But it makes no logical sense for prisoners to make the sacrifice for officers to have better working conditions. What's in it for us? 

Michigan's governor has the power to make this crisis better, but so far she has done nothing except spend large amounts of money on ineffective and laughable marketing messages. Who would want to work in such a place where employees are taken advantage of and treated so poorly? I wouldn't wish this job on my worst enemy.

Traumatic Fall Ought to Break Hearts, Not Just Bones

 This past week, we had another traumatic experience in my housing unit. About a year ago, a distraught prisoner jumped from the second gallery in an attempt to end his life. He did not die, though the severity of his injuries probably made him desperately wish he had. 

This week another prisoner fell from the third gallery, about 25-30 feet down. He did not jump, but he rolled under the railing after falling and trying to get back up. He was apparently high after smoking something he bought in prison. I doubt he intended to fall. 

He, too, lived, though from what I hear his body is also very badly broken. Fortunately for him, a shower partition wall somewhat broke his fall, otherwise I'm sure he'd be dead or even worse off than he is. 

This fall happened around 8:15 at night, and our housing unit was closed for the rest of the night as the administration brought in an ambulance and then investigated what happened. To the administration's credit, they made a concerted effort to track down the sequence of events and hold the appropriate people accountable. 

One major thing differed this time compared to when the prisoner jumped. The next day, during our morning count time, four psychologists came cell to cell asking if we needed to talk or if we were okay. While I did not need to talk, I was extremely grateful for the gesture. Kudos to the administration, again. 

I'm not afraid to praise the Department when they get things right. It happens rarely enough that I think it's only right to highlight it. I would like to see some serious changes to the railing system, however. Our housing unit has five floors, and each floor above the base has four foot high two inch tube railings, but there is no cage or fencing. It's far too easy for a person, or even an object, to fall (or jump) from up to 40 feet in the air and land on someone below. I doubt that will change, unless someone files a lawsuit, but that's unlikely. 

What is also unlikely to change, sadly, is the responses, among both staff and prisoners, to these tragic events. Some have compassion and empathy, but others respond in cold cynicism. Yes, the prisoner was an idiot for smoking something illicit, but that doesn't mean he deserved what happened to him. 

It's easy to criticize staff for their cold cynicism, and frankly they ought to set an example of compassion. But, it's among prisoners that I hear the most disgusting comments. If we can't have compassion among ourselves, and treat each other with the dignity we demand of the system, how can we possibly expect the prison system to offer us compassion? 

I recognize the dynamic of using humor to deal with traumatic experiences. I was an EMT for a short while, and it's a common response in that field. But it's also common for people to treat you like you demand of them. When we, as prisoners, don't treat each other with dignity and respect, we ought to not be surprised when the prison system doesn't either. 

Erecting barriers to prevent falls or jumps is a good start to solve facility issues that contribute to that particular problem, but it's the structural issues among prisoners and between prisoners and staff that are the bigger problem. And that problem is a LOT more complicated to solve because it requires changing hearts and minds.

Corrections Officer Arrested for Drug Smuggling

A few weeks ago, the prison yard was abuzz with gossip and rumors. This is not an uncommon occurrence in prison, only this time it wasn't gossip about another prisoner or false rumors about the passage of a good time bill or prisoners being released on tether. Still, the gossip had a tantalizing element of truth, embellished by overzealous rumormongers.

A corrections officer at Parnall Correctional Facility had been arrested for attempting to smuggle drugs into the facility. Apparently, it'd been going on for some time and was a rather open secret among prisoners in the section of the prison where he worked. 

Of course, the rumor mill had five different officers arrested and escorted off the premises in handcuffs, but when I saw two of the officers working later the next day, I knew that part of the rumor was untrue. As they say in prison, believe nothing you hear and only half of what you see. I've since seen the story of the officer's arrest on the local news, so I know it's true about at least one officer.

In the days since the officer's arrest, I've continued to hear about other officers being suspended for misconducts. I have not seen these officers working the last couple of weeks, so those rumors may have some teeth to them, but who knows for sure. In prison, you have to treat almost every rumor you hear as fake news, until you can confirm the rumors from a reliable source. 

And officers themselves are not always reliable sources. Two prisoners I know were transported to the hospital in the last few months. According to several officers, the first prisoner had to have several toes amputated because of an infection, The other had died in the hospital. Yet, the man with the "amputated toes" returned back to this prison, with all toes intact. And I confirmed personally that the other prisoner is still in the hospital, alive. 

I have to imagine that just like prisoners sometimes start rumors for the fun of it, officers may do the same. I once started a harmless rumor on April Fools Day, and I was shocked later that day to hear prisoners from the other side of the prison repeating the rumor in the chow hall. California wildfires might spread quickly, but they have the speed of a tortoise compared to rumors in prison. 

In previous posts, I've been highly critical of the Michigan Department of Corrections' response to the drug problem in prison. Excessive mail and visiting restrictions are the typical response, despite the majority of drugs more likely coming through corrections officers. So, I'm pleased that the Department has taken this incident seriously and have pressed charges. There should not be a double standard when it comes to enforcing the law. 

I don't feel smug about this officer's arrest and hopeful prosecution. I think it's tragic any time someone commits a crime and their lives, and the lives of their families, are tragically changed because of their poor choices. I also don't think excessive prison sentences are the answer to crime. But I do believe in fairness and equal justice, so I hope the MDOC continues to hold other officers accountable. 

One of the stated goals of incarceration is deterrence, so I'd like to think this officer's recent arrest will deter other officers from such foolish behavior. Unfortunately, I don't believe incarceration actually serves as a deterrent for more than very brief periods of time. The allure of money will likely entrap other officers to take up the trade. I can only hope the Department will be as vigilant and stringent with their employees as they are with their captive charges. 

Missouri Man is Found "Not Guilty" but Still Held in Prison

I saw the tail end of a news story this morning about a man in Missouri, named Christopher Dunn, who spent 34 years in prison for a crime he did not commit. He was convicted of a crime based on faulty eyewitness testimony. Recently his conviction was overturned due to clear and convincing evidence that he was not the man who committed the crime. 

The tragedy of a man spending nearly a lifetime in prison for a crime he did not commit screams of injustice. You would think that the justice system would be lining up to apologize, to make sure he is immediately released, to make sure they make right the tragic wrong done to this man. But no, that's not what has happened. 

Despite the criminal justice system claiming that its aim is to carry out justice, this man remains behind bars, even though his conviction has been overturned, because the prosecuting attorney has appealed the ruling. He has not appealed the ruling because he believes Dunn is guilty. He KNOWS he's innocent. Instead, the prosecuting attorney has appealed this ruling "to preserve" something he doesn't even need. Dunn has been found not guilty by incontrovertible evidence!

Furthermore, because Missouri has no law allowing compensation for wrongfully convicted people, Dunn will leave prison with nothing to his name. He will not be compensated by the state for the 34 years they stole from him. How is that justice? Nothing can make that tragic injustice right, but the state isn't even interested in righting this wrong. They're only interested in keeping him in prison just a little longer. 

Dunn will be released within 30 days because that's when the court ruling becomes final, but he should have been immediately released. If the "justice system" really cared about justice, they'd be falling all over themselves to make this right...immediately! They wouldn't use judicial appeals to keep an innocent man behind bars. 

After more than 15 years in prison, I've come to believe that the "justice system" cares very little about justice. Prosecutors are supposed to seek justice, not convictions at any cost. Prosecutors are supposed to follow the law, not find loopholes to exact revenge, including on innocent people! Our "justice system" is terribly broken. 

I hope that you, my readers, are never falsely accused of a crime. "Innocent until proven guilty" is a fallacy, no longer an American judicial ideal. I also hope you're never faced with a frivolous lawsuit. If injustices like the one Dunn experienced can stand, than there's little hope for justice in civil suits that require even lower standards of proof. 

I even hope you never have to depend on the justice system to give you justice for a wrong done to you. Victim voices are too often silenced. The courts act like the crime was against the state, and victims are too often forgotten. 

Dunn, here, is a victim of injustice, and even a court ruling can't give him the long awaited freedom he deserves. He should have left that courtroom a free man, not held even longer at the whim of an unjust prosecutor. 

I hope the public rallies around Dunn and provides for him the compensation the state should be forced to pay him. He deserves far more than money for the 34 years the state stole from him, but that would be a just start.

As for the prosecutor? That's an elected position, so I hope the people of Missouri are as disgusted at this man's arrogance as I am and fire him on the next election! 

Is the National Guard a Viable Solution for Michigan's Corrections Officer Shortage?

Last week, just a few days before the attempted assassination of Trump, the Michigan Corrections Officer's union made a remarkable request of Governor Whitmer. They requested that she authorize the National Guard to come into prison to work as corrections officers. 

After several years of crisis level staff shortages, and a terribly ineffective drive to hire more officers, the officer shortage remains the same or worse. This long-term shortage has stretched the staff thin, necessitating ridiculous amounts of mandated overtime. 

I honestly don't know how anyone still works here. They can't possibly have any personal life. Every day, it seems, I see dozens of officers working double shifts, and that's at a prison where the shortage isn't as bad as at other prisons. 

When I heard of the request for National Guard troops, I recognized it as a double bind for the governor, whose name has been near the top of the list for potential Democratic contenders for President (or Vice President) of the United States. If she approved the request, it would confirm that she could not resolve a crisis in her state. If she denied the request, it would look like she doesn't care to resolve the crisis. 

Very shortly after the request, Governor Whitmer denied the request. It's status quo as it has been for the last three plus years. Of course, the officers are angry and frustrated about the shortage. But they are also upset that their pensions were taken several years back. 

If Whitmer had approved the request for National Guard troops, I don't think that would have been a good thing, in the short term, for Michigan prisoners. In the long term, it might have led to tangible reforms, including, perhaps, time cuts or the passage of a good time bill. But in the short term, it would have likely led to increased lock downs and loss of privileges.

Instead, we're likely to experience more of the same, including recreation time cancelations and lock downs. 

It would not surprise me to see a continued exodus of officers from the MDOC. This demand on their time, and the Governor's refusal to make any moves to lesson the strain, cannot be sustained much longer. What is it going to take to see some tangible changes that will lesson the strain on resources? I don't know, but the likely outcomes concern me, and they should concern every Michigan citizen. 

Violent Political Rhetoric Exists in Prison, Too

 Wow. What a week. I thought I knew what I'd be writing about this week, but the recent assassination attempt on Trump has overshadowed everything that seemed so important. 

The level of vitriol in our country is disturbing, and it has been for a long time. The political divide, too, has widened to a distance that I haven't seen in my lifetime. It's highly discomforting that so many Americans think of other Americans as the enemy. 

In prison we're forced to live with people who are very different from ourselves, but that doesn't mean we always get along. Most of the time, we manage to live together by avoiding deep conversations about things that divide us. Oh, we have our opinions. I hear them from time to time. But rather than let what we disagree on cause us to hate each other, we more often focus on what we have in common. 

This afternoon, though, I overheard a conversation about yesterday's events. Another prisoner asked me a question, and I responded. I shared my opinion of former President Trump, followed by the statement, "Regardless, though. I don't support using assassinations to resolve political differences." 

I thought my opinion would be pretty widely agreeable, but I was wrong. The two who had been in conversation apparently disagreed. One turned to the other and said, "Well, everyone is entitled to his own opinion." 

I didn't feel threatened by their different opinions. Perhaps a bit disturbed by the implications of their statement, but not threatened. I was outright disturbed by another man who jumped into the conversation, though. He vehemently expressed his wish that the attempt on Trump's life had been successful. 

Although I strongly disagree with this man's value system, politics aside, I don't hate him or even fear him. I certainly have no desire to see him suffer the fate he wished on Trump. Instead, I feel sorry for him. I feel sorry for him and everyone else who lives with such hatred and fear of people he disagrees with. 

I wish I had hope that this fateful and tragic event in American history would lead to real change. I wish I could say I believed people would stop hating each other and try to start understanding each other. I wish I had hope that Americans would start talking through their differences instead of finding echo chambers to support their own beliefs. Sadly, I have no such hopes. 

Yet, rather than succumb to the status quo of hate and fear, I dig deep for patience, try to listen to others with compassion, and use questions to help others challenge their own beliefs. It's unlikely to change the world, but it's better than joining the mass of Americans who seem determined to march their way into another civil war.

How to Solve a Prison Crisis -- Make it Someone Else's Problem

Earlier this week, while watching a local news channel, I saw an interesting story. The Michigan Corrections Officer's Union has asked Michigan's Governor Whitmer for 1,700 National Guardsmen to help out as temporary officers in the Michigan Department of Corrections.

The staffing shortage has been an ongoing problem for several years. Despite a large public relations budget spent on television advertisements, the quit rate and retirement rate combined has left the department perpetually nearly 2,000 officers short.

Calling in the National Guard is nothing more than a stopgap measure, meant to relieve the overwhelming pressure of mandated overtime for Michigan's corrections officers. This emergency measure won't solve the staffing shortage at all. It only shines a light on where the buck stops--with Michigan's Governor. 

Despite calling herself a progressive, and demonstrating that title in many other ways, Whitmer has done nothing to resolve the overcrowding and understaffing problem in the prison system. Whitmer used her Lieutenant Governor's prison and criminal justice reform advocacy positions to get elected. And then she has completely ignored those positions during her tenure as governor. 

The Corrections Officer's Union is likely a predominantly conservative organization, so I don't think it's a coincidence at all that they are just now asking for the National Guard. The staffing problem has persisted for the last four years, at least. However, now that Governor Whitmer's name is frequently popping up as a potential replacement for President Biden on the Democratic ticket, it's a good time to put her in a double bind. She's damned if she does, and damned if she doesn't send in the National Guard. 

Whitmer's failure to do anything other than spend money on laughable employment ads has demonstrated a lack of leadership. The National Guard's purpose is not to be prison guards, so if she approves the request, she's showing (still) that she can't solve a crisis. If she refuses the request, she's left with two options: do nothing (which she's been doing), or reduce the prison population to relieve the pressure on the prison guards. 

As a former prosecutor, it's unlikely that Whitmer will reduce the prison population. I wish I had more hope that she would do something, but I don't. So, that leaves her with the option she's chosen all along. Do nothing, and hope the national population doesn't notice. After all, she can claim she's pro-reform since she chose a Lt. Governor who is a prison/criminal justice reform advocate. 

Meanwhile, corrections officers are tired of being forced to work 16 hour shifts and give up any semblance of life. The added stress makes them less effective in their jobs and increases the chances of abuses, leaving the department vulnerable to costly lawsuits. It also increases the risks of unrest in prison as yard times and other important activities are cancelled due to "staffing shortages." 

It'll be interesting to see what the governor chooses to do. I can't say I have much hope that it'll lead to any real reforms. Neither the governor nor the Michigan legislature has shown any real backbone to enact reforms, no matter how logical they are, regardless of the crises their inaction has caused. 

Set up to Fail, but Still Responsible for One's Choices

So many of the outcomes in our lives are the results of choices. It's a common human condition, I suppose, for us to choose badly, and then to have to live with the consequences of those choices. For those of us in prison, we're living with the consequences of our choices prior to prison. Yet, we're also living, even now, with the outcomes of our choices in prison. 

Yes, things beyond our control happen in our lives, and often those things influence the choices we make. But it's the space between what happens to us and our responses to those things that really matters. That's where our choices lie. 

I believe that we are responsible for our choices, even those choices where the circumstances outside of our control almost pushed us into the poor choices we made. Socialization matters, in other words, but it does not remove our responsibility. That's a difficult thing to articulate without sounding like one is minimizing responsibility.

I know a man, I'll call him "T," who is in prison for the second time (at least). When he was around four years old, he witnessed his mother stab two people to death. She then turned the knife on him and tried to stab him to death, but he survived. His mother is serving multiple life sentences in prison. These circumstances were completely out of his control, yet they affected him and shaped him into the person he is today. 

T's first prison sentence was for stabbing someone (who lived). It's not surprising, given what happened to him. But he is still responsible for the crime he committed. His experiences did not determine his choices, but they certainly influenced them. 

T's father is also serving several decades behind bars, so he was raised without his father and without a sane mother. He also has autism, which led him to be socially and intellectually stunted. He's now a perfect target for gangs to use him for their dirty work. Recently, he ended up in segregation (the hole) exactly for that reason. Still, he made choices and now lives with the consequences. 

We cannot excuse T's behavior due to the experiences of his life. He is still responsible for his choices. But neither should we dismiss the experiences that shaped him into who he is today. His entire life begs for compassion. If he is to change his choices, and thus his life, in a positive direction, he has to address his childhood trauma. 

While the Michigan Department of Corrections has psychologists and social workers, their case loads are overwhelming. Some are fantastic (from what I hear), while others aren't so great. Furthermore, their "help" is a documented part of each prisoner's official file. There's no patient confidentiality, so many prisoners with past traumas choose to not get the help they need. 

I recently heard a statistic, that somewhere around 40% of prisoners have a documented mental health problem. With statistics like this, and with childhood traumas like T's, it's no wonder that so many prisoners return to prison again and again. No cognitive behavioral therapy classes are going to solve the underlying problem when it is a matter of untreated childhood trauma and mental health diagnoses. 

Prisoners are complex people, like anyone else, so solving the "crime problem" is going to require complex solutions. Longer and harsher sentences aren't going to solve the problem, and neither is excusing bad behavior because of one's past. Partisan solutions only deepen the problem. The solution lies, instead, somewhere in the combination of compassion and accountability. 

"Happy" Father's Day--in Prison?

  "Happy Father's Day!" I heard ringing out, back and forth, Partridge Family style, between guys in the hole during count time this morning. Huh, I thought to myself. What is there to celebrate about being a father? You're in the hole, in prison, and you can't even reach out to your kids. Great fathers. (Eye roll.)

Earlier, on my way to breakfast, someone cheerfully wished me a Happy Father's Day, too. I started to reply like a real Scrooge. After all, my father died a few years ago, and I've been one of the lousiest fathers I know. I'm not even sure I can call myself that any more. 

Knowing this guy and the dozens that would follow are simply trying to inject a little joy into the day, I replied, "Thanks. Same to you." But my heart wasn't in it. My heart was too weighed down with regret to feel any joy. 

God knows I've been accused of being a terrible dad, and I'm not in any position to argue. But being a dad was the best thing that ever happened to me. Yes, I failed miserably at it, but I can never deny that being a dad brought me more joy in life than anything I've ever done. 

Still, I live daily with the complex emotions of regret and nostalgia. I wish I had been a better father. I wish I had been the father I'd always wished I had. I might have felt judgmental towards the deadbeat dads in the hole, but I feel far more judgment towards myself. 

I'll never be able to make up for these lost years, and I'm not sure I could ever earn the title "Dad" again, but I've never lost the pride I had in being a father. 

To all the dads who stayed the course, who were there for their kids when most needed, who have earned the privilege of being called Dad, Happy Father's Day!

Reactive Lawmakers Work to Make Michigan's Prison Crisis Worse

 

Michigan has had a crisis in its prison system for years now. The MDOC is severely understaffed, and it's been that way for a long time. Last I heard, they are still short over 1000 corrections officers. Despite the prison population declining from a high of over 50,000 prisoners to just over 32,000 today, the staffing problem persists.  Additionally, Michigan prisoners serve, on average, longer than prisoners in any other state in the Union. We also have a very large population of lifers and people serving sentences long enough to be life in prison (plus some!). Some of these statistics are because Michigan has no form of good time for prisoners to earn time cuts. Another reason is because Michigan has long mandatory sentences for several crimes.  Recently, several out of touch lawmakers introduced a package of bills in the Michigan House that would result in a drastic increase in our prison population, mainly because of more, and much longer, mandatory sentences.  House Bill 5704, and its attendant bills, would increase the sentence lengths of dozens of crimes, making minimum sentences mandatory and leaving open the possibility for excessively long sentences, even up to life in prison. For more than two dozen crimes, this bill would increase the minimum sentence. For example, illegal possession or transportation of a firearm by those with specific prior offenses currently has a 5 year maximum sentence. This bill would change that to a 5 or 10 year *minimum* and allow up to a life sentence for the same crime. Retail fraud currently carries a 5 year maximum sentence, but this bill would make 5 years a mandatory minimum and allow up to a life sentence. For retail fraud?! What are these lawmakers thinking? For some crimes, this bill would double the current maximum sentence and make it a mandatory minimum (i.e. a 10 year max would become a 20 year minimum). Felony stalking, which currently has a 1 year max, would become a 2 1/2 year minimum, and allow up to life in prison.  In addition to setting mandatory minimums for these and other crimes, this bill would allow up to life sentences for the following crimes: Assault, battery, domestic violence, home invasion, interfering with a witness, child abuse, accosting a child for immoral purposes, child sexually abusive material, embezzlement, escape from a correctional institution, malicious threatening, false pretenses, discharging a gun from a motor vehicle, manslaughter, larceny, kidnapping, fleeing and eluding, various criminal sexual conduct charges, identity theft, welfare fraud, certain drug possession or distribution charges, medicaid fraud, and personal protection violations. Yes, the courts could sentence you to life in prison for violating a PPO under this ridiculous bill. None of these crimes are okay, obviously, but mandating longer sentences is not going to solve anything. It will only make the prison population and staff shortage problems bigger. Furthermore, scientific studies have already proven that longer sentences do not make communities safer. Crime must be addressed, and even punished, but longer sentences will not solve the problem.  While most states are slowly aligning themselves with current scientific conclusions about criminal justice reforms, Michigan is doing just the opposite. Why are our lawmakers so out of touch that they still believe, even in the face of staffing failures, that longer sentences will be more just and the solution to crime? It demonstrates a lazy approach to problem solving and a complete lack of touch with reality.  I hope that the Michigan legislature will ignore this bill like they have all the good criminal justice reform bills that have died in committees this legislative calendar. It isn't worth the paper its printed on. Maybe if they'd seriously consider reforms that would reduce the prison population without endangering communities, they'd actually begin to solve problems instead of creating them.

Observing the Dehumanization of Prisoners in Crisis

 Sleep deprivation, bright lights, nakedness, exposure, and isolation. You might think of these as devices of torture used by various countries (including the U.S.) in military situations. And so they are. But they are also used by the Michigan Department of Corrections to deal with "difficult" prisoners. 

When a Michigan prisoner threatens self-harm, has a medical emergency that requires monitoring, or has a mental health crisis, the Department puts that prisoner on observation. Sometimes, observation is even used as a punishment for threatening behaviors. The prisoner is stripped naked, given a quilted smock with velcro, and placed in an isolation cell. The cell has cameras, and the lights are bright and left on 24 hours a day. 

At SMT, the "isolation cells" are in my housing unit where hundreds of prisoners walk by, ogling the isolated prisoner throughout the day. The isolated prisoner is able to communicate with other prisoners by shouting through the grated bars, but there is no privacy, even when the prisoner needs to use the bathroom. Because the isolated prisoners are allowed to keep nothing in their cell, they even must ask for toilet paper if needed. 

These prisoners are denied showers, deodorant, and even soap to wash their hands, for sometimes a week or more. They must wear the same smock until they are released from observation. They are also allowed one quilted blanket (no pillow), and no socks or underwear, even in the coldest months of the year. When our housing unit lost heat and other prisoners were issued extra wool blankets, prisoners on observation received one extra quilted blanket. They continued to have to sleep on a bare plastic mattress.

Prior to about a decade ago, prisoners on observation were observed by corrections officers who sat outside their cell, monitoring their every movement. Most of the time, officers were paid overtime to sit with these prisoners, and it cost the state "too much" money. 

To save money (and thereby allow expansion and extension of the observation program), prisoners were trained as "Observation Aides" and paid $3.34 for a three hour observation period (less than 3% of what it would cost to pay an officer for the same time period). The training consists of a one hour class that focuses on the technical aspects of observation. These prisoners are allowed to talk to the observed prisoner, but they are discouraged from offering advice or "counseling" the prisoner in any way. 

Most Prisoner Observation Aides (POAs), as they are called, will engage the observed prisoner in conversation if prompted, but few try to initiate interaction with these prisoners. Their training provides no focus on therapeutic engagement. The goal is simply observing the prisoner to prevent self-harm. 

When medical staff check in with these prisoners, usually twice a day, the check in involves the following (often after waking the prisoner): 
"[Prisoner Last Name]. Do you feel like harming yourself or others?" (The answer is almost always, "no.") "Okay. Here's your medication." A psychologist will then check in with the prisoner every few days. Only a psych can release the prisoner from observation.

I fail to see how placing a suicidal prisoner in isolation is therapeutic in any way. Isolation, sleep deprivation, light torture, and the shame of exposure would make most prisoners feel MORE suicidal, not less! I get that some of these prisoners simply need a little time to get through their difficult thoughts, but these conditions are dehumanizing, and they certainly don't encourage a person to have hope. 

But, since prisoners are seen as commodities, numbers, and not as people with dignity, it doesn't surprise me that we are treated in such dehumanizing ways. Prisons are full of people with mental health issues, since Michigan closed most of its mental hospitals decades ago. Furthermore, prison is a hopeless and terribly depressing environment, so the stream of prisoners "needing observation" never ends. We could, and we should do better.

There's Nothing Special About Prison Food

"I was really looking forward to that holiday meal," Roger bemoaned. "But, man! I was sorely disappointed!"

Our Memorial Day meal is one of the few "holiday meals" served in prison. It's supposed to be "special," a welcome break from the monotony of prison's bland fare. Or at least that's what people new to prison, like Roger, think. 

Today's meal sounds decent on paper. Two hot dogs, coney sauce, beans, coleslaw, potato wedges, condiments, apple crisp, and ice cream. The problem is, the half-cup of beans were crunchy and tasted like they were half way burnt and half way freezer burnt. The potato wedges were baked "fries" that were rubbery and undercooked. They also had a strange, dull brown hue to them. The coleslaw was half-way decent, but it was no KFC slaw. One plus was the one ounce of relish and one ounce of coney sauce with our dogs. It's the only time of the year we see either. 

The desert wasn't too bad. The cold crisp wasn't crispy, except the apples that were undercooked. But it was edible, and the half a cup Styrofoam container of ice cream was good. We also had two hot dogs rather than the one we get with our normal hot dog meal. 

If you were to look at our prison menu, you'd probably think we were eating pretty decent most days. But the reality is quite different. It's so different, in fact, that most officers no longer will even eat the free meal they're offered. 

For example, the menu says we get "French toast" once a week or so. The French toast is really a thin and very dense piece of bread pudding that resembles French toast about as much as Monopoly money resembles U.S. currency. 

Our menu also includes Salisbury steak, which is nothing more than a single meatball (which prisoners call "cat head") that tastes suspiciously like it isn't meat at all. It also comes with mashed potatoes and gravy, but the potatoes, which we get with many of our meals, are never washed. They're so gritty with dirt they're inedible (unless you're hungry enough to eat them). They are also rarely mashed. Most of the time, they are just cooked so much and have so much water added to them, I call them dishwater potatoes. 

The menu also says we get turkey ham with beans and rice. The turkey ham is just bologna, and the beans and rice are mush. The meatballs and rotini noodles aren't bad if the noodles aren't overcooked and if you don't eat the meatballs or red sauce included. Yes, I'm talking about eating plain noodles. 

Furthermore, every meal includes some sort of vegetable, according to the menu. This usually consists of animal feed quality corn, or overcooked green beans, or (thankfully) edible carrots. Or it may be "salad," which is basically browning lettuce with a "ranch dressing" that is very heavy in garlic. 

I suppose on a day like Memorial Day, I shouldn't be complaining about the menu in prison. Instead I should be honoring the men and women who have given their lives for our country. At least I'm still able TO eat, even if it's barely edible prison food. 

One thing's for sure though. You'll never hear me reminiscing about the "good old days" in prison when the food used to be good (I do hear these stories at times). Nope. I'd rather use this horrible food as just another motivator to live my life right and stay out of prison. As Roger has recently learned, there's absolutely NOTHING to look forward to in prison, except getting out one day. 

Sentenced for a Crime He Was Acquitted of by a Jury of His Peers

 Throughout the last fifteen years I've spent in prison, so far, I've heard a lot of prisoners claim to be innocent of their charges. I'm sure some have been actually innocent. Innocence clinics and other justice organizations have helped many prisoners throughout the United States to prove their innocence. DNA and challenging questionable forensic science has helped. 

But the reality is, the vast majority of people in prison are guilty of the crimes they've been convicted of. However, not all have been fairly or justly sentenced. In fact, I would venture to guess that the vast majority of prisoners have a problem with their sentence. Some problems are insignificant, but some are very consequential. 

I was astonished, for example, when I discovered people who plead guilty to one charge in exchange for other charges being dropped can have the dropped charges used against them when determining a sentence. Almost nobody who accepts a plea knows that this practice is legal. That, to me, is the definition of an illusory plea (which is unconstitutional). 

Even worse, if someone goes to trial, is convicted on one charge but found not guilty on another charge, the sentencing judge can legally use the acquitted charge to enhance the person's sentence. Essentially, the judge can reject the jury's finding and punish a person for a charge they were not convicted of. It's ludicrous, but the highest Court in our nation has found this practice constitutional. 

Daytona McClinton*, for example, was convicted by a jury of his peers of armed robbery, but the jury found him not guilty of murder. The judge, believing McClinton WAS guilty and unsatisfied with the jury's verdict, enhanced his sentence. Instead of a sentence of up to 71 months, McClinton was sentenced to an additional 13 years in prison based on the acquitted conduct. Preposterous! How can that be constitutional?! Yet, the U.S. Supreme Court upheld McClinton's enhanced and unjust sentence.

What is the point of a jury trial if acquitted conduct is still used to lock a person up even longer? What is the point of taking a plea deal when dropped charges are used to enhance a person's sentence? It's not fair, and it ought not be legal. 

Our country has become so obsessed with locking people up that the U.S. Constitution hardly provides any protections for its citizens anymore. The Founding Fathers once stated that they'd rather have the injustice of a guilty person going free than the injustice of an innocent person being punished. Our country has lost that value of protecting its innocent citizens against unjust punishments. 

Yet, most of America's citizens don't even know they are losing their Constitutional protections. They are ignorant until they are faced with the reality in their own family. Until then, we are just a bunch of disgruntled prisoners who "should have stayed out of prison." 

It's true. I wouldn't be in prison if it weren't for my own stupid and unjust choices. That's on me. But what's not on me is the multiplication of injustice carried out by the court system (the "justice" system). They do what they want, when they want, to whom they want. If you're not fortunate enough to have a high powered, high paid lawyer who can negotiate backroom deals (its own form of injustice), you're exposed to the unjust machinations of the system. 

McClinton shouldn't have been involved in crime. It's absolutely true, that was unjust. But sentencing him for a crime he was acquitted of is not justice either. We can't right wrongs with more wrongs. 

* (McClinton v. United States, 143 S.Ct. 2400 (2023))