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About Street roots. (Portland, OR) 1998-current | View Entire Issue (Aug. 25, 2017)
Street Roots • August 25-31, 2017 News Page 5 SOLITARY, from page 4 began. Staggs said he mailed money to someone outside of the prison for a pair of shoes that were no longer available in the canteen. According to prison investigators, it was an address inmates were known to send money to for drugs. Up until that point, it would appear Staggs had been focused and doing well. He had reached the highest incentive level in the prison, was active in the Uhuru SaSa BY EMILY GREEN cultural club, held a good job and had STAFF W RITER earned high grades in the college courses he’d taken. When he was brought in for questioning about the money he’d sent, he said the two investigators, one of whom was the It was intended to limit frivolous lieutenant, hung his achievements over his lawsuits, as prisoner court filings were head. Staggs said they told him he wasn’t really commensurate with the increase in prison a factor in their investigation and reminded population. The rate was actually lower him he could lose his good standing. They than in the previous decade, according to showed him three photos of inmates who data compiled by Margo Schlanger, a law Staggs said he didn’t know. He said he was professor. asked to point to one of the three photos She studied 40 years of prison litigation and write a confidential statement saying and authored a paper stating that since the that person was bringing in drugs, but he 1970s, court orders had been a major refused. source of regulation and oversight for “The next day, I had a disciplinary report America’s jails and prisons. for allegedly bringing drugs in to the prison, She found that those court filings which resulted in a year of solitary plummeted after the 1996 reform act. confinement,” he wrote. The act restricted lawsuits based on While it violates state ordinance to sentence an inmate to one year of solitary court’s ability to change prison policy, confinement, there’s a loophole. Once a applied court fees to incarcerated people, prisoner hits the 180-day maximum allowed and limited th e am ount of litigation costs in disciplinary segregation, he can be shipped off to Snake River Correctional Institution to be housed indefinitely in the Intensive Management Unit (IMU), another Policy Institute argue that as the nation version of solitary confinement. reconsiders mass incarceration, it’s also According to one inmate, the IMU is time to reconsider this reform act. known within the prison as the fortress of The act also requires that before solitude.” inmates can sue their correctional facility, During the course of an 18-month period j they must exhaust all internal tracked by the Vera Institute of Justice, 549 administrative processes first. inmates statewide were moved from This can be problematic at Oregon state disciplinary segregation to an IMU. Nearly prisons where the internal administrative half had spent four or more months in process involves a complicated set of rules segregation before the transfer. written in legalese that can be difficult for The National Commission on Correctional ;ome mmatesto decipher. ~ . Health Care’s most recent position states In this system, Oregon’s state prison that to house anyone in solitary confinement for longer than 15 consecutive days is take issue with the way a rule is being “cruel, inhumane and degrading treatment, applied or with their treatment by staff. and harmful to an individual’s health.” The main difference between IMU and disciplinary segregation is anger Department of Corrections and sent them management and substance abuse to Nick Crasper, a licensed mental health programming. Inmates in both units spend and chemical dependency counselor who the vast majority of their time alone in a cell counsels former inmates at Sponsors Inc. the size of a parking space with little to re-entry services in Eugene. occupy their minds. Crasper gave us mixed reviews of the While in the past this programming was programming. One packet, a Substance “limited to packets that adults in custody Abuse and Mental Health Services were expected to complete alone in their Administration publication, he said, was an cells,” according to the Vera Institute of effective and evidence-based curriculum that Justice report, a more comprehensive and he, himself, has taught from. However, he interactive program has been added. used it for facilitated groups, whereas in But this was not available during Staggs IMU, inmates work through it alone. first stint in IMU. He wrote, In , Another packet on anger management, administration’s eyes ‘packets’ = ‘programs. Crasper said, was based on dated I can assure you, a ‘program’ it is not. 1 e approaches and was not in an effective packets consist of outdated, generic format. multiple-choice questions that never change, Crasper said the most solid curriculum let alone make a difference in one’s way of was the new Pathfinders of Oregon thinking or ability to make healthier program, which incorporates actual classroom time and is facilitator driven. An decisions.” t , We obtained copies of all the current instructor heads a classroom outfitted with program packets and curriculum from the rules often leave inmates They are encouraged to confront the problem person-to-person, using this grievance system only in cases that cannot someone is grieving, difficult to abide by completely in order to make it through the first level of review to even be considered They must exhaust this system and its different levels of appeal before they can She said a better way of bringing issues to the attention of the administration is needed, “especially when we know that a number of the women have not gone far in school and don’t have the strongest reading and writing skills.” She said that many women are afraid to file grievances in the first place because Inspector General Craig Prins said an average of 640 out of Oregon’s 14,600 inmates filed a grievance each month during the second quarter of this year. He said all but 1.2 percent of those complaints were responded to within 24 days. “We’re proud of that,” he said. “That’s something that we’ve worked on hard, and I think that shows it’s a program we take msly,” He said when inmates disagree with the response to the grievance, they have a first appeal and second appeal option where independent eyes review the evidence to see if the claim can be *They eitb retaliation after filing a grievance, know of someone else who was retaliated against for filing grievance, or just have no trust in prison staff or the system and assume retaliation will follow. And so they will not speak out about what happened to them Jhrougb a gri Jetto n / In three out of the 17 grievances Street Roots reviewed, the inmate explicitly stated that as part of their desired outcome, they did not want to be retaliated But in order to exhaust the system, the grievance has to be accepted as being in compliance with the grievance rules. In a sampling of 17 grievances filed against one Oregon State Penitentiary employee that Street Roots reviewed, 10 “We very much think this is a part of giving the adults in our custody a voice,” Prins said of the grievance system. “We very much think it’s a part of respecting and showing them a prosocial way to deal compliance with the “Grievance Review Y o sh im o to ’s e x p e r ie n c e a t C o ffe e C r e e k Julia Yoshimoto is an attorney who has helped inmates at Coffee Creek Correctional Institution, a women’s prison “Women often share With me that they grievance system as part of her work with the Oregon Justice Resource Center. She said that often the inmates don’t comprehend why their grievances have been returned or denied or know how to fix it. They often just drop it entirely or process does anything for them. They may try to go through it because they feel it’s the only option to let administration know about an incident - to feel like they didn’t just take it and that they at least tried to advocate for themselves - but they don’t have any real expectations for a positive outcome. It’s as if they expect to be ignored. And when filing grievances leads to a denial, to no real change or to retaliation, it can leave a woman feeling even more beaten down and silenced. One woman told me that she just wanted some sign that adm ‘acknowledged’ her and her concerns. jbend a similar compbint “The regulations, which explain the grievance process and set the grievance rules, are long, read like a maze, and are difficult to follow,” Yoshimoto said. “As an attorney. I’m used to combing through regulations and statutes, but I find the rules complicated and, given the cjj nces and 3© of incident chairs that allow for inmates to be cuffed and shackled into the seat. After Staggs finished six months in IMU, he was returned to the general population at Oregon State Penitentiary in March 2016. Because of his placements in segregation and IMU, he had lost his job, program placements and good standing. His fiancée remembers visiting him there shortly after his release from the IMU. She said he was pale and had become so skinny it brought tears to her eyes. He had lost 40 pounds. w “I touched his arm, and his face changed, she said. “He said it felt weird to be touched.” She said his friends told her they had to be patient with him because he was anxious all the time and acting strangely. But he got better. He was able to buy food items from the commissary and gain back some weight, and he began to act like his old self again. < He soon completed a voluntary three- phase Substance Abuse Awareness group therapy program and rejoined his cultural club as newsletter editor. He completed an eight-week mentorship class, bought a guitar, enrolled in a music theory class and got a job in the laundry. “I was doing more and accomplished more in seven months than many inmates have done in 10 years, he wrote. I was on track.” A product of severe child abuse growing up and a drug user since the age of 9, Staggs was on a better path than at most other points in his life. One day in August 2016, while he was at work in the laundry, his cellmate was found with methamphetamine in their shared cell. On Nov. 17, Staggs was placed in segregation pending a 30-day investigation See SOLITARY, page 1