MEDIA ADVISORY FROM

FLORIDIANS FOR ALTERNATIVES TO THE DEATH PENALTY (FADP.org)

Contact: Florida Death Row Advocacy Group (FDRAG)
Michelle M. Agans, 904-824-5933

Response to DOC Press Release

On April 12, 2000, the Florida Department of Corrections (DOC) issued a press release entitled "Myth vs. Fact on Death Row Policies." This can be seen on the DOC's web page at: http://www.dc.state.fl.us/secretary/press/drpolicies.html

Unfortunately, much of the information provided by the DOC is simply NOT factual.

Floridians for Alternatives to the Death Penalty (FADP) and the Florida Death Row Advocacy Group (FDRAG) offer the following truths based on the experiences of attorneys, correctional officers, inmate families, and clergy who are at the prison on a regular basis.

The DOC's myths and facts are presented in this typeface.
The responses by FADP and FDRAG are presented in this typeface.

TALLAHASSEE - Rumors continue to circulate about the proposed new policies for Death Row inmates. The Department of Corrections wants you to know the facts. Here is a comparison of myth vs. fact:

MYTH #1: The Death Row policy, including non-contact visitation, has already been implemented and is in effect.

FACT: The policy is currently in proposal form and has not been formally announced. Once it has been announced but before it can be implemented, interested parties may request and DOC will be obliged to schedule a public hearing on it.

The ACTUAL TRUTH:
The following excerpt is from a letter dated January 21, 2000, from Peggy L. Ball, Director, Executive Affairs, and Michael W. Moore, Secretary, Department of Corrections, to an inmates’ family member who wrote to inquire about the proposed visitation policy change:

“Governor Bush asked me to thank you for your recent letter regarding contact visits with Florida death row inmates... the decision regarding non-contact visits was not an easy one to make.”

An e-mailed letter dated February 22, 2000, from Thomas Crews of the DOC’s Bureau of Security Operations states: “The decision to adopt a non-contact visitation policy was a conscious effort to meet that goal (of security) by taking a proactive approach...”

The clear implication from these communications and many others similarly worded is that the DOC has already made a decision without public input. They may indeed hold a “hearing” but it would be of little meaning if the decision has been made before the hearing is even held. This process is like the fantasy story "Alice in Wonderland," or reality in China: First the verdict, then the evidence.

Agencies of a democratic government are supposed to hold meaningful hearings to gather relevant input before decisions are made, not after.

MYTH #2: The non-contact policy is designed to punish or hurt inmates and those who want to visit them in prison.

FACT: The policy is designed to promote safety and security in prisons that house Death Row inmates. Current policy allows inmates and their visitors to congregate in a common visitation area. This creates a potentially risky situation. The proposed policy will promote safety and security by helping prevent the introduction of contraband to Death Row inmates that may prove harmful to themselves, other inmates, prison staff and the public. It will also help prevent a hostage situation from occurring. We cannot and will not wait for an incident to take place before changing the policy that may lead to such an incident. Furthermore, the policy is not designed or intended to punish or antagonize inmates, their families or their visitors.

The ACTUAL TRUTH:
1) Contact visitation is used as a “carrot” by correctional staff to promote safety and security. If inmates misbehave, they know they will lose their contact visits. The DOC already has the ability to impose non-contact visits on an individual basis as they deem necessary. The contact visits are important to inmates, and local prison officials know that. The threat of losing contact visits is presently an effective
behavior modification tool. Inmates know there has been no incident WHATSOEVER to justify this new policy, and so do the guards. People who can never again hug or touch the hand of their mothers, children, or wives will be far MORE likely to act out. These proposals are creating a tension level between inmates and correctional officers that has never existed before in Florida. The elimination of the privilege actually jeopardizes staff safety.

2) The current “common visitation area” is a room with approximately 25 tables with seats attached. Each inmate sits at his assigned table with his visitor(s), constantly supervised by several correctional officers. General mingling of people in the room is forbidden. Furthermore...

3) Each inmate is handcuffed and strip-searched TWICE before being allowed to enter the visiting room. Prisoner's uniforms do not have pockets. Visitors may bring in only a few authorized items which are accounted for, in writing, prior to and after the visit. Visitors are searched, and go through a highly sensitive metal detector before entering. Inmates are AGAIN strip searched after each visit.

4) IF these security measures are consistently applied by properly trained and equipped guards, it is not possible for contraband to be introduced via the visitation program. DOC should look for other security lapses to learn how contraband enters prisons, and refrain from scapegoating prisoners' families.

5) Visitors apply via a written application to the DOC to be able to visit, and a police background check is done on each applicant.

6) There has NEVER been an incident of violence in the death row visiting room.

MYTH #3: The policy will also limit the access Death Row inmates have to clergy or religious advisers.

FACT: This is false. There is no such proposal.

The ACTUAL TRUTH:
The proposed rule changes dated February 11, 2000 issued by the DOC says ALL visits are to be non-contact. Furthermore, it makes no reference to outside clergy but does refer extensively to the duties of chaplains. If clergy are not to be governed by this new policy, the rule should be re-written to state this clearly.

MYTH #4: The policy will eliminate canteen privileges for Death Row inmates.

FACT: Death Row inmates are currently allowed to purchase up to $45 worth of canteen items weekly. The type and number of items are not regulated. The proposed policy calls for canteen privileges every other week and limits purchases to four food items and five non-food items (with the exception of stamps and writing paper). Death Row inmates will use the standard canteen order form to order canteen items.

The ACTUAL TRUTH:
The DOC gives NO reason to justify this proposed change. DOC says these proposals are not punitive, yet it seeks to severely restrict canteen purchases. “Non-food” items include deodorant and other toiletries. DOC does not state any reason for this restriction. If there is no valid reason other then to further inconvenience prisoners, why is this policy being implemented? As an aside, this proposal results in less income for the DOC!

MYTH #5: The policy will prevent Death Row inmates from using radios.

FACT: Death Row inmates currently are allowed to have large, battery-powered "boombox" type radios that are prohibited for all other inmates. The proposed policy will permit Death Row inmates to use "walkman" type radios only.

The ACTUAL TRUTH:
The DOC gives NO reason to justify this proposed change. Regular radios that do not use batteries were sold by the DOC to death row inmates at Union Correctional Institution for $63.20 each as recently as last fall. They are NOT “boomboxes” and they are not allowed to be used WITHOUT earphones. Previous prison administrations ordered these to sell specifically to death row inmates because batteries were considered a potential security problem. The DOC is now declaring these radios contraband, confiscating them, not refunding the money inmates paid for them, and selling only battery-powered walkman-type radios. P-dorm at UCI, which houses death row, allows little to no reception on these tiny radios. In essence, then, death row inmates at UCI will not have radios. This change has already been put in place without a hearing. This is clearly a move to further punish and isolate prisoners.

MYTH #6: The policy will prevent Death Row inmates from using pens.

FACT: Death Row inmates have been allowed to use common ink pens for correspondence. The proposed policy calls for the use of rubber security pens that cannot be used as or made into weapons.

The ACTUAL TRUTH:
There has never been an incident of a pen being used as a weapon on death row. Although DOC again says this policy is just a proposal, all pens, pencils and colored pencils have already been confiscated.

Security pens are used in housing areas for Close Management or Disciplinary Confinement. This is another example of DOC saying it is not being punitive when, in fact, this is another move to treat all death row inmates the same as those who have been assaultive in prison or violated prison rules. The fact is that death row has the lowest discipline rate in the prison system. Death row inmates are not the troublemakers.

Additionally, security pens are extremely difficult to use. Surely the DOC should not make even simple correspondence with loved ones a tremendous ordeal. The DOC should return regular writing utensils, as well as art supplies.

MYTH #7: The policy will eliminate library privileges for Death Row inmates.

FACT: The proposed policy will allow inmates to check out one library book weekly.

The ACTUAL TRUTH:
The DOC gives NO reason to justify this proposed change.  Furthermore, this policy change mirrors what is known as "Close Management," the status for troublemakers. DOC has stopped allowing death row inmates to do art work, (no orders for paint, pencils, yarn or other supplies have been allowed since last summer); radios are restricted to walkmans that have little or no reception, and now they propose restricting inmates to one book per week. This is not punitive?? Are they trying to bore the men to death? There can be no other explanation OR justification.

Finally, the Department of Corrections understands that friends and
relatives of inmates may have questions or concerns about them. That's
why we have an inmate family services office.

The ACTUAL TRUTH:
What the family members of prisoners need is physical contact with their loved ones; to be able to keep their families together under the worst of circumstances. Children need to be able to hug and be comforted by their fathers (and mothers) in the few hours they are allowed each week. Families do not need DOC’s empty words and platitudes. Floridians do not deserve to be misled by state officials.

For more information, please contact:
Florida Death Row Advocacy Group
CONTACT: Michelle M. Agans, 904-824-5933

Floridians for Alternatives to the Death Penalty
CONTACT: Abe Bonowitz, Director
800-973-6548 fadp@fadp.org

SENT BY:

Abraham J. Bonowitz
Director

Floridians for Alternatives to the Death Penalty (FADP)
800-973-6548
fadp@fadp.org
www.fadp.org
PMB 335, 2603 Dr. Martin Luther King Jr. Hwy,
Gainesville, FL 32609

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