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How would you reform the prison system?

Q: How would you reform the prison system?A: I personally believe in the concept of decriminalizing drug use and treating it as a mental health issue rather than a crime. However, for purposes of this answer, I am working on the assumption that this commonsense concept is never implemented by Congress or a majority of the states.This is my 21 step program to BEGIN fixing the system. It does NOT factor in things like wrongful prosecution, racial profiling and such. This only deals with post-conviction except where the Three Strike issue is raised.Be warned, this is going to be a long answer but the solutions are things which I believe to be workable.1) Create a three-strike law which eliminates any confusion as to what it means and how it works. Simply put, if you are found guilty of any three separate crimes which require an incarceration term of longer than one year and one day, the mandatory sentence for your third felony offense will be life without parole or release at the age of 75 years six months, whichever comes first. No parole required for any person released after the age of 75 years six months. (Why this three-strike provision is important will be made clear later.)a) Recognize that inmates are not sent to prison FOR punishment, but rather, are sentenced to incarceration AS punishment.b) Judges, not District Attorneys, determine the sentences of those convicted of felonies.c) Persons sentenced to imprisonment for the rest of their natural life or longer are not eligible to be released at 75 years six months.d) “Opt Out” provision. Persons sentenced to spend the rest of their natural life in prison without chance of parole or release at age 75 years six months may opt, at any time, for termination of their life via assisted suicide at no cost to themselves.i) Extensive counseling will be made available to any persons electing to opt out to ensure they are not being pressured into the decision by other inmates, guards or staff.ii) Unless sentenced to death by a judge, no person will be required to end their life for any reason.e) A conviction resulting in a guilty verdict or plea of multiple felonies for a single criminal event or trial are considered ONE felony for the purposes of the three-strike law. The conviction or plea of guilty of multiple felonies for one criminal event cannot be used as two or more felonies toward the three-strikes. For example, a guilty plea of Driving while under the influence felony, Unauthorized Use of a Motor Vehicle felony and Reckless Endangerment felony from the same event (a person stole a car while drunk and crashed it into a telephone pole) only count as one strike against the felon. If the same felon is later convicted of a Robbery felony and a Grand Larceny felony, that counts as the second strike. Any felony conviction after that will result in the activation of this three-strike provision.2) “Redemption Remedy.” Any incarcerated inmate who commits an act of extreme heroism or any other act which is deemed by the Board of Parole to be a redemptive action will be released from incarceration with no parole obligations.a) The redeemed person will have the opportunity to take advantage of all the same parole benefits available in sections 17.a through 17.d.v and section 19.3) Time off for good behavior also known as “good time.” All inmates not serving time until age 75 years six months or the remainder of their natural lives, are eligible for good time to be applied on a six-month basis for good behavior. The amount of good time earned will be calculated in the following manner:a) For the first year of good behavior, the inmate can earn no more than 10% good time for that six-month period calculated as such: Subtract 10% of the number of days in that six-month period from the total sentence to be served. For example: If the six-month period falls between January 1 and June 30, on a non-leap year, the number of days equals 181. Ten percent of 181 days is 18.1. Round down. This gives the inmate 18 days reduction from the total sentence to be served. The maximum good time which can be earned in the first year is 36 days.b) For the second through fifth year of good behavior, the inmate can earn no more than 15% good time per six month period.c) For all years after the fifth year of good behavior, the inmate can earn no more than 20% good time per six month period.d) Each six-month period inmates will be evaluated by their case counselor. Inmates who are compliant with all their work and programming requirements will receive all available good time due them.e) Inmates who have received infractions of any kind can lose a portion of or all the good time available for that six-month period at the discretion of the case manager.f) When an inmate loses 65% or more of their good time in any six-month period, the calculation of their good time resumes as if it were their first year incarcerated for the next six month period.g) If an inmate loses any portion of their good time less than 65%, the calculation of their good time continues as normal.4) Eliminate privately run prisons. Their only purpose is to warehouse prisoners and they have little to no incentive to attempt rehabilitation of their wards. Prison without rehabilitation efforts are simply a waste of money and time.5) Require all inmates to participate in rehabilitation efforts, therapy and programs for a minimum of five hours per week and a maximum of 10 hours per week (except as otherwise provided below) as well as work for a maximum of 40 hours per week where possible. Those without the physical, mental or psychiatric capacity to work 40 hours will be given either fewer work hours and longer rehabilitation therapy and programming hours or they will be accommodated in some other appropriate manner specific to their individual case. However, all attempts will be made to ensure that whatever work inmates perform will be meaningful work. Moving rocks from one pile to another for eight hours a day is NOT meaningful work. Landscaping, conversely, IS meaningful work as it is a highly sought-after skill in the civilian community.a) Education, being necessary for the success of an individual can be substituted for work hours. Those involved in education programs such as obtaining their GED, engaged in trade school education or pursuing a college level education, can elect to work for 20 or more hours per week and attend education classes for up to 20 hours per week. The total combined hours of education and work may not exceed 40 hours per week and may not interfere with any programs designed to facilitate rehabilitation efforts.b) Trade certification courses or GED courses will be made available to inmates free of charge. An inmate can elect to complete no more than two trade certification courses in any four-year period. For example, an inmate can elect to take a one-year CTech certification course then the next year a one-year CAD/CAM certification. The inmate may not elect to attempt a third certification for two more years. Exceptions to this include courses of study in subjects like (but not limited to) First Aid, CPR and Body Fluid and Toxic Material cleanup and disposal unless such subjects are included in a trade certification course already completed by the inmate. For courses that require periodic recertification, the inmate cannot be prevented from taking coursework to achieve that recertification.c) College level courses are to be paid at the inmate’s expense unless the inmate is incarcerated in a state where college education is free of charge.d) The inmate can elect to borrow money for college level courses from the Department of Corrections as long as the amount borrowed does not exceed five per cent of the expected earnings of the inmate during the time it would take to complete the coursework.e) If the inmate has any money in savings maintained by the DOC in accordance with section 8 of this provision, the inmate can elect to use some or all of that money to pay for college level courses.6) The Department of Corrections will contract with outside employers as much as possible for the use of inmate labor at no less than 10% lower than the prevailing wage for the contracted job in the civilian job market.7) It is recognized that not every inmate will qualify to work outside the prison grounds. To maintain compliance with this provision, the DOC will create meaningful jobs within the prison compound either through contracts with civilian businesses or by developing their own. Every attempt will be made to prevent competition with local businesses. However, if necessary, the DOC will create jobs even if doing so creates competition.a) When creating jobs which cause competition with local businesses, the wages paid to the inmate will be no less than 10% lower than the prevailing wage paid by the local competition to its employees.b) If lowering the wage causes the wage to fall below prevailing minimum wage, then the wages are to be the prevailing minimum wage.8) The Department of Corrections will maintain an accounting of monies earned by the inmates. Ten per cent of the earnings will be made available to the inmate for personal discretionary spending. Five per cent of the earnings will be kept in a savings account for the inmate and maintained by the Department of Corrections.a) This savings will be made available to the inmate immediately upon their release from incarceration. If interest is earned on the moneys maintained by the Department of Corrections, it is the Director’s discretion as to whether or not that interest will be made available to the inmate when disbursed.b) If the inmate has taken a loan for college level courses, five per cent of his earnings will be kept by the DOC to repay the loan, five per cent will be made available for personal discretionary spending and five per cent will be kept in savings as provided in this section.c) The DOC may attach fines for misbehavior to the 10% earned for discretionary spending but may NOT attach fines or any other levy against the 5% savings.d) The remaining 85% of earnings will be confiscated by the Department of Corrections to be used in accordance with their state’s laws. Incarcerated inmates are NOT required to pay state taxes on the 10% of earnings they keep and the 5% kept in savings by the DOC. However, they may be required to pay Federal taxes if their yearly 10% earnings and savings interest (if any) meet minimum guidelines by the U.S. Internal Revenue Code.e) If inmates are required to pay Federal taxes on interest earned for their savings, the DOC MUST provide the interest earned to the inmate upon release from incarceration.f) Any Federal taxes to be paid will be deducted from either the inmate’s savings or from the inmate’s weekly earnings, whichever the inmate decides.9) Inmates who refuse to participate in rehabilitation programs or work programs will be placed in solitary confinement for a period of one week for the first offense, 30 days for the second offense and 90 days per each offense after that.10) Any inmate who refuses to participate in rehabilitation or work programs will lose ALL possible good time (if any) for the first offense and any previously earned good time for the second offense. Further offenses will result in a new felony charge brought against the inmate which may result in the inmate incurring more time on his/her sentence. If any of these felonies results in a third felony conviction for the inmate, it will result in the activation of section 1 listed above.a) Guidance counselors will ensure that inmates assigned to their caseload fully understand the rules and laws governing their incarceration, expectations of conduct and penalties for failure to comply with the rules and laws.11) Ensure that ALL inmate’s religious needs are acknowledged and met where practicable. Inmates who practice obscure religions will have to do so privately in their cells or, in the event the inmate is in a dormitory situation, a room will be made available for the inmate to practice their religion for one hour per week. Inmates who practice one of the eight major religions of the world will have access to civilian practitioners for a minimum of one hour per week though all attempts will be made to offer more access when practicable.12) Entertainment of inmates is not the responsibility of the prison system, though it is recognized that such is necessary to ensure good morale and behavior.a) Televisions will be available in common areas for limited durations daily, to be determined by the warden of each facility.b) Recreational books will be made available through a prison library and will be stocked at least three times per year with new material. New material does not necessarily mean newly published books and periodicals, but rather, materials that have not been in that library’s circulation for at least five years but no longer than 10 years.c) Outdoor recreation will be made available to inmates not in solitary confinement in the usual manner and in accordance with each state’s regulations and Federal regulations.i) Inmates in solitary confinement will be allowed one hour per day outdoor recreation in a limited and restricted environment.13) Books, magazines and other forms of publications which primarily contain sexual content, such as pornography, will not be permitted. Other sexually explicit material will not be allowed except:a) If the material represents a small portion of the periodical or book in which it is printed and is integral to the purpose of the publication. For example, a science fiction novel which may have a sex scene written in it. A romance novel which may have multiple sexually explicit scenes written but the scenes are necessary to the plot of the story. A detective story which may have a rape scene written into it as a necessary part of the story. These are examples only and are not to be construed to be the only possible examples.14) Reasonable medical care will be provided free of charge to incarcerated persons. Elective medical care will be paid for by the inmate. For example, if the inmate needs dentures, it is reasonable to expect the DOC to pay for such as it is necessary for the survival of the inmate. If the inmate wants orthotic inserts for shoes, it is reasonable to expect the inmate to pay for such as it is not necessary, but rather, elective medical service. At the same time, it is reasonable to expect the DOC to pay for a disabled person’s orthotics if those orthotics are necessary for the inmate to function. Glasses for improved vision are considered necessary prosthetics as sight is a human being’s primary sense. Hearing aids are not considered necessary but reasonable accommodations are to be made for the deaf or hard of hearing person.15) Inmates with gang affiliations will not be allowed to participate in any rehabilitation program unless they, in writing, give up their affiliation(s) and denounce the gang(s) to which they belong. Prisoners who refuse to give up their gang affiliations will be considered as refusing to participate in their rehabilitation and subject to sections 9 and 10.a) Inmates who are found to be continuing their affiliation with any gang at any time will have committed perjury and will immediately be removed from rehabilitation, education and/or work programs and relocated to the institution for those serving a life sentence. They will be considered to be refusing to participate in their rehabilitation and subject to sections 9 and 10.b) No recompense will be made for money lost, if any, as a result of this relocation.16) Violence of any kind will not be tolerated. Any act of violence toward another inmate or staff will result in a felony charge which may result in increasing the time an inmate spends in prison or cause the activation of section 1 if the felony conviction is the inmate’s third.a) An inmate who is charged with a felony for any reason cannot lose their good time because of the felony whether they are convicted of the felony or not as this would create a double jeopardy situation.17) Correctional facilities will be crime specific. Drug/alcohol offenders, for example, will be housed in one prison and no other criminal type will be housed in that facility. Similarly, sex offenders, property criminals, white collar offenders, etc., will be housed in their own prison or in their own section of a prison where populations permit. No offender types will be allowed to mix with those of another offender type even if housed in the same facility. Offenders convicted of multiple felonies for the same crime will be housed in the facility which accommodates the highest level felony of which they are convicted or to which they plead guilty. If an offender’s highest level conviction felonies are equally high, the offender will be placed in a facility which will best serve for rehabilitative purposes. For example, a person is convicted of a sexual offense and a drug offense, both of which are high level felonies. The offender will be placed in the sex offender facility.a) Offenders who are incarcerated for life under Section 1 and 1.c will be housed at their own facility. These inmates will be considered lost causes and no further attempts at rehabilitation will be made. Inmates who reside at these facilities will be offered the opportunity to work and have recreation, but will never be allowed to work off premises or outside the facility’s fenced or walled perimeter. Recreation will be limited though religious practice will be allowed under the fourth provision above. Upon reaching 75 years six months, these inmates will be released unless previous adjudication requires incarceration until their death.b) Offenders incarcerated for life will no longer have the opportunity to engage in rehabilitation programs or efforts in order to obtain release into society. They may seek rehabilitation voluntarily in effort to improve themselves but will never be released into society again.c) All other offenders will be required to engage in programs in accordance with section 5 above.18) No parole duration will be longer than five years. Parolees will be required to maintain employment while on parole.a) In order to obtain recent job history and develop appropriate work habits, all offenders, except those who are incarcerated for life or until the age of 75 years six months, will be given gainful employment by the Department of Corrections for a period not to exceed one year.i) Parolees may seek employment elsewhere within the one-year period should they choose. However, until such employment is obtained, they are required to report to work detail with the DOC. Parolees will earn the prevailing minimum wage while under this program.b) The DOC will evaluate each parolee and determine what job is available to match the skills of the parolee or which most closely matches the skills of the parolee. If no such jobs are available, the DOC will have discretion to place the parolee in any available position until such time as a position which matches or most closely matches the parolee’s skillset becomes available.c) Should a parolee display skills which the Director of Corrections deems necessary to the DOC, the Director may elect to grant the parolee full time employment with the Department of Corrections with all the benefits and privileges that come with the job.d) The Director of Corrections or a specified subordinate or contractor, will actively seek employment agreements with local employers to hire parolees who have completed the one-year employment period.i) Tax incentives or other incentives will be offered to the local employer for a period of five years as long as the local employer maintains the employment of the parolee.ii) Near the completion of the one-year employment program, a list of prospective employers will be provided at no cost to the parolee. Time off without pay for the purpose of attending job interviews will be allowed the parolee.iii) If the parolee does not obtain other employment prior to the completion of the one-year program, the list of prospective employers will continue to be made available at no cost to the parolee until such time as the parolee obtains employment.iv) If a parolee or ex-parolee should lose their employment, the DOC will provide the list of prospective local employers at no cost to the parolee or ex-parolee in an effort to help them obtain gainful employment.v) If an employed parolee or ex-parolee, for any reason, desires or needs access to the list of prospective local employees, the DOC will provide the list at the expense of the parolee or ex-parolee.19) All parolees will be required to maintain appropriate out-patient therapy or other designated program for a period of not less than one year and not more than three years. For example, sexual offenders will be required to participate in sex offender therapy, drug abusers will be required to participate in drug offender therapy, etc. This therapy will be at the parolee’s expense.a) The Department of Corrections may, at its discretion, deduct the cost of therapy from the parolee’s pay for the duration of the parolee’s one-year DOC employment. This deducted cost will be disbursed to the parolee’s therapy/program provider within one week of being deducted from the parolee’s wages.b) If a parolee fails to make their required payments to their treatment/program providers, the Department of Corrections will do so for the parolee. The Department of Corrections may exercise its right to reclaim the losses plus interest, not to exceed 15%, through the normal court and collections processes of their state, to include, but not limited to, sale of the debt to an outside collection agent, garnishment of wages, confiscation of property or other processes allowed by the state.20) The DOC will maintain a housing project with appropriate amenities for parolees to reside. Parolees will be expected to pay rent, pay for their utilities and any other services they wish. Parolees may not stay in this housing environment for a period longer than one year.a) Parolees will be expected to maintain the cleanliness and livability of the premises to the best of their ability. Any damage to the premises outside of normal wear and tear will be paid for by the parolee.b) If the parolee fails to make reparations for the damaged property in a timely manner or fails to make payment arrangements in a timely manner or fails to meet the payment arrangement, the DOC may exercise its right to reclaim the losses plus interest, not to exceed 15%, through the normal court and collections processes of their state, to include, but not limited to, sale of the debt to an outside collection agent, garnishment of wages, confiscation of property or other processes allowed by the state.21) Set parole conditions appropriate to the offender type. It is not necessary to require a person who has no history of drug or alcohol abuse to refrain from the use of legal drugs or alcohol.a) Each type of crime class will have a generic set of standards which will be required of all parolees in that class. Additional restrictions can be temporarily added at the discretion of the parole officer.b) If a parolee is denied internet access, it is not reasonable to expect that person to refrain from obtaining and using a cellular device. This accommodation will be allowed as long as the device is not a “smart” device and internet access is very limited.

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