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Club Feds No More

The Washington Post reports on changes to "Club Feds," the least restrictive federal prison camps. Actually, the article is a review of another article in a right-wing think tank's magazine.

Back in the good old days, when a nice, respectable white-collar criminal went to federal prison, he could do his time playing tennis with crooked pols, embezzling bankers, book-cooking accountants and other high-class folks. Not anymore. Now, Club Fed admits all kinds of lowlifes.

Yes, Club Feds have changed in the last 30 years, but not because of who they admit. It's because they have become places of forced labor with rules that turn inmates into automatons.

A much better read on how the camps have changed is this letter written in December by legendary criminal defense lawyer Tony Serra, who at 71, was serving 10 months for misdemeanor tax evasion.

Tony doesn't just describe the differences. He includes a plan for change. Here's his nine point platform:

1. ELIMINATE all prison-camp facilities. Send the prisoners home with bracelet monitoring. Camp inmates are nonviolent and no flight risk. Prison camps exist only to furnish involuntary labor for Bureau of Prisons industries.

2. ELIMINATE mandatory minimum sentences and sentencing guidelines; they are excessively cruel and inhumane. Return sentencing discretion to the courts. Reestablish the balance of power in government.

3. MANDATE probation for first-time offenders. Many of the prisoners here are first-time convicts. Their long sentences make them needless martyrs. Long sentences definitely contribute to recidivism. The option of probation will promote resurrection of lawful lifestyles.

4. RETURN parole to the federal prison system. Parole rewards good behavior, provides motivation for reform, allows prison populations to decline, and tests early the ability of the convict to rejoin society. There is no pragmatic rationale for eliminating the parole system.

5. ELIMINATE involuntary servitude. This historical remnant should be severed. Slave-labor camps cannot morally be society's answer to punishing criminals. If prison industry is to continue, pay the inmates the minimum wage; the industry will still flourish.

6. RESTORE conjugal furloughs. The cruelest, most dehumanizing aspect of federal prison life is the forced celibacy entailed within it. The sublimations are horrific. The inmate's essential character is twisted and deformed. Let your imagination smolder on the gruesome substitutes created by prison life. There is no psychological recovery from this privation.

7. ELIMINATE informants from our system of justice. They are singularly responsible for more miscarriages of justice than any other component. The "Judas," the "rat," is universally scorned and isolated at prison camp. The inmate sanction imposed ranges from urination on the informant's bed to assault.

8. RESTORE education and job training. Bring back rehabilitation efforts. The puny efforts at education and job skills are laughable. Most prisoners really care about future success. A prisoner who becomes educated and secures a good-paying job is far less likely to re-offend.

9. IMPROVE library facilities. The so-called law library is a sick joke at Lompoc Prison Camp; it consists of a small collection of outdated codes and cases and a few form books. The remainder of the library is a random scattering of paperback books and old public library discards. Prisoners do seek to further their mental awareness through reading. Why deny us books?
I hope you'll read all of Tony's letter. And eliminate the words "Club Fed" from your vocabulary. There no longer are such places. There are only forced labor camps.

Update: If you want to hear Tony speak about his experience, come to Aspen June 9 to 10 for the NORML Legal Seminar. While the program is a Continuing Legal Education program for drug defense lawyers, you don't have to be one to register, and there's a reduced rate for non-lawyers.

An added plus is that Tommy Chong will be a keynote speaker and we'll be spending Sunday at Hunter Thompson's Owl Farm, courtesy of Hunter's wife Anita.

America, prison nation. Come spend a few days with those of us who oppose the draconian penalties for non-violent drug offenses.

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    Let them rot... (5.00 / 1) (#2)
    by madmatt on Tue May 15, 2007 at 08:33:14 AM EST
    I am sick of white collar criminals who are coddled or ignored by the system, they need to start paying full restitution before they get any slack from the system.  Tony makes some (self serving) points, but they should apply across state and federal levels and apply to all burglers, druggies and other non-violent offenders.

    some good ideas, but... (4.00 / 3) (#5)
    by Deconstructionist on Tue May 15, 2007 at 09:13:20 AM EST
    1. ELIMINATE all prison-camp facilities. Send the prisoners home with bracelet monitoring. Camp inmates are nonviolent and no flight risk. Prison camps exist only to furnish involuntary labor for Bureau of Prisons industries.

       This proposal doesn't make a lot of sense. Even if we assume that all of the inmates currently assigned to camps need not be incarcerated wouldn't we want these camps to provide less restrictive and harsh incarceration for inmantes currently assigned to higher security classifications? It would also be a good idea to get rid of the silly last statement that the only reason for the camps is to provide slave labor.

    2. ELIMINATE mandatory minimum sentences and sentencing guidelines; they are excessively cruel and inhumane. Return sentencing discretion to the courts. Reestablish the balance of power in government.

      I largely agree with this but, as a blanket proposition "eliminate mandatory minimums" goes too far. Excessively cruel and inhumane mandatory minimums are bad. The idea of having some mandatory minimums for some classes of offenses committed by people with certain prior criminal histories is pretty easy to defend. 5 years for 5 grams of crack by a 1st offender is a bad mandatory minimum; 5 years for a crime in which a gun was used to shoot another person by a defendant with  a prior history of violent crime, while still limiting the discretion of courts. is unlikely to be viewed as cruel or inhmane by anyone who doesn't accept the propostin that no one should be incarcerated for anything.

    3. MANDATE probation for first-time offenders. Many of the prisoners here are first-time convicts. Their long sentences make them needless martyrs. Long sentences definitely contribute to recidivism. The option of probation will promote resurrection of lawful lifestyles.

      Again this makes little sense (particularly in light of #2 calling for increasing the discretion of courts). Certain 1st offenders should receive probation and I'd argue more than currently do fit in that group. Persons whose 1st offense is an extremely serious offense probably should not im many many cases.

    4. RETURN parole to the federal prison system. Parole rewards good behavior, provides motivation for reform, allows prison populations to decline, and tests early the ability of the convict to rejoin society. There is no pragmatic rationale for eliminating the parole system.

       I agree with this and also think the federal system should make more "good time" credit available for inmates who "earn" the chance for earlier release with exemplary conduct. The ability to provide tangible reward for good behavior obviously will encourage it in many cases.

    5. ELIMINATE involuntary servitude. This historical remnant should be severed. Slave-labor camps cannot morally be society's answer to punishing criminals. If prison industry is to continue, pay the inmates the minimum wage; the industry will still flourish.

      This is overstated. I see NOTHING wrong with requiring medically able inmates to work and I think it is actually good policy to engage them in work even when the work does not provide "skills" which will be useful on the outside. for many simply being required to to adhere to schedules and put an effort into something is helpful. I will agree that the compensation is indefensibly low (as little as 12 cents an hour with a max of a little over $1 an hour) but I see no reason why inmates should be entitled to minmum wage. it would also be good if more of the employment provided people with training and skills which would increase the likelihood of finding gainful employment upon release.

    6. RESTORE conjugal furloughs. The cruelest, most dehumanizing aspect of federal prison life is the forced celibacy entailed within it. The sublimations are horrific. The inmate's essential character is twisted and deformed. Let your imagination smolder on the gruesome substitutes created by prison life. There is no psychological recovery from this privation.

       I have no problem with allowing conjugal vistits to certain classes of offenders who have "earned" the reward through exemplary behavior, but I doubt very much it would have much impact on the frequency or nature of sexual predation or even purely consensual sexual conduct in prisons.

    7. ELIMINATE informants from our system of justice. They are singularly responsible for more miscarriages of justice than any other component. The "Judas," the "rat," is universally scorned and isolated at prison camp. The inmate sanction imposed ranges from urination on the informant's bed to assault.

      The use of informants needs to be much more tightly controlled but one really must be the truest of believers to think the use of informants should be eliminated. The balance is too far toward employing informants in ways that pervert law enforcement and the courts but it would also be a terrible outcome if informants could never be employed no matter what the circumstances. The controlled-buy scenario and the dumping on other drug dealers to gain leniency are frequently abused in many respects, but there are times wher extremely serious crimes have been committed by extremely bad people and engaging and rewarding informants is a necessary evil to futher wholly merited investigations and  prosecutions.

      8. RESTORE education and job training. Bring back rehabilitation efforts. The puny efforts at education and job skills are laughable. Most prisoners really care about future success. A prisoner who becomes educated and secures a good-paying job is far less likely to re-offend.

      Agree with this.

    9. IMPROVE library facilities. The so-called law library is a sick joke at Lompoc Prison Camp; it consists of a small collection of outdated codes and cases and a few form books. The remainder of the library is a random scattering of paperback books and old public library discards. Prisoners do seek to further their mental awareness through reading. Why deny us books?

       Agree with this

    Recidivism prevention. (none / 0) (#1)
    by JSN on Tue May 15, 2007 at 07:49:30 AM EST
    In my view the objectives of correction are;
    1. Retribution which is easy.
    2. Rehabilitation which works part of the time.
    3. Restoration (attempt to heal the wounds to society) which works part of the time but is seldom used.

    My test is that if the offender abstains from further criminal activity the objectives have been achieved. The success rate for offenders placed on probation is at least twice that for offenders sentenced to prison. We have a large number of persons cycling in and out of prison who serve short sentences (less than five years) for drug and property crimes (many of them could have been placed on supervised probation). We had a man from Polk County Iowa who was admitted to prison nine times for drug crimes. Something is seriously wrong if someone can cycle through prison that many times.

    I think we need a more rigorous type of supervised probation combined with aggressive programs of alcohol/drug treatment and aftercare (which the treatment experts say is essential). This means frequent testing, monitoring (bracelet or voice recognition), ignition interlocks on vehicles and the use of electronic kiosks for day reporting.

    We also need to provide assistance in obtaining stable employment. The sociologists  have been telling us for years that repeated studies have shown that stable employment is an essential ingredient for low crime rates.

    prison camps exist because.... (none / 0) (#3)
    by A DC Wonk on Tue May 15, 2007 at 08:40:51 AM EST
    I take strong issue with Tony's comment that: "Prison camps exist only to furnish involuntary labor for Bureau of Prisons industries."

    BOP industries doesn't exist to make money -- it exists to keep inmates busy and to teach inmates trades, as well as "how to be an employee", which is knowlege that many inmates are lacking.  Don't forget that approx 99% of BOP inmates will be coming out some day.

    Further, prison camps exist (from the BOP point of view) because they are the lowest cost way to house low-risk offenders.

    If Tony thinks that these offenders shouldn't even be in a prison setting at all -- then the fault lies with Congress, not BOP.

    RE: (none / 0) (#4)
    by mack on Tue May 15, 2007 at 09:01:14 AM EST
    BOP industries doesn't exist to make money -- it exists to keep inmates busy and to teach inmates trades, as well as "how to be an employee", which is knowlege that many inmates are lacking.

    BOP industries are just like any other bureaucracy; they are interested mostly in self preservation.

    California is a perfect example with the ridiculously powerful California Correctional Peace Officers Association.

    Link

    The California Correctional Peace Officers Association (CCPOA) is the California prison guards' union. In recent years the CCPOA has become a major player in California politics. Its political influence has grown to the point that it is widely considered to be one of the most powerful political forces in Sacramento. Its lobbying efforts and campaign contributions have greatly facilitated the passage of legislation favorable to union members.

    The CCPOA takes the position that correctional personnel perform a vital public service that puts them under great danger and stress, and therefore makes no apologies for its aggressive promotion of member interests and its high-profile role in California correctional policy. CCPOA's critics argue that the union has become too powerful in California politics, that it has used its power to unfair advantage, and that it has been an impediment to constructive debate and openness about the state of California prisons.




    huh? (none / 0) (#11)
    by A DC Wonk on Tue May 15, 2007 at 04:59:11 PM EST
    You seemed to criticize prison industries with a link about how powerful the correctional officers union is.  What does one have to do with the other?

    The bottom line, on prison industries, is this:

    • It's better for everybody (inmates, society, etc.) for inmates to learn a trade, and to learn how to funtion in an employment situation (they're going to come out some day)

    • It's safer for everybody in the prison (for inmates, for correctional officeres, etc.) if prisoners have something constructive to do with their time

    OK -- that's prison industries.

    But that has nothing to do with "prison camps".  Prison camps are simply: prisons for the safest offenders at the cheapest price for the taxpayer (i.e., minimal security)

    Parent

    RE: huh? (none / 0) (#12)
    by mack on Tue May 15, 2007 at 05:51:37 PM EST
    You seemed to criticize prison industries with a link about how powerful the correctional officers union is.  What does one have to do with the other?

    You made the comment that prison industries don't exist to make money but to, "...keep inmates busy and to teach inmates trades, as well as "how to be an employee", which is knowledge that many inmates are lacking."

    In some respects, this is true; however, the "prison industry" in this country has become a self serving bureaucracy hell bent on influencing legislation (see California) for their own benefit.  I don't believe the "prison industry" has society's best interests in mind (again, see California).  Also, I view the privatization of prisons as problematic.

    In short, a powerful correctional officers union with major influence over legislation that directly benefits the "prison industry" has everything to do with the operation and integrity of the "prison industry".

    But that has nothing to do with "prison camps".  Prison camps are simply: prisons for the safest offenders at the cheapest price for the taxpayer (i.e., minimal security)

    I don't recall commenting on prison camps so I am not sure why you felt the need to reiterate your point.


    Parent
    I would have more respect for Tony's opinion (none / 0) (#6)
    by Repack Rider on Tue May 15, 2007 at 11:21:57 AM EST
    if he had expressed it before getting into legal trouble.

    Tony lives about 15 miles from where I do, and he has a local reputation for skirting the law.  He claims no income at all, and says he lives in his nice house only through the generosity of others.

    in his "defense" (none / 0) (#7)
    by Deconstructionist on Tue May 15, 2007 at 12:16:44 PM EST
     he no doubt held similar views even before the first time he went up in 1974.

      This was the third time he's been convicted of failing to pay taxes and, I believe, he considers it a badge of honor. I disagree with that and think people should pay their taxes but that's part of his schtick  along with the ragged clothes and eccentric lifestyle (and while schtick-- it's been effective schtick over the years-- in and out of the courtroom).

      Now, for example,  I'd suggest that a person who REALLY doesn't care about clothes would wear inexpensive, boring clothes not clothes intended to draw attention to himself even more than the $5000 Italian suits.

    He obviously craves fame and glory  and is actually very concerned with portraying  himself as a non-conformist and  so he  uses the weird outfits  outfits and other imagery to make sure everyone knows it.  Maybe he's not into money but he goes after what  satisfies his personal psychic needs with a vengeance. That said, anyone willing to go to prison to prove his bona fides won't have his sincerity questioned by me.  

    Are You Sincere? (none / 0) (#8)
    by squeaky on Tue May 15, 2007 at 12:26:42 PM EST

    He obviously craves fame and glory and is actually very concerned with portraying  himself as a non-conformist....

    Sounds like he is a non-conformist who does not think like most.  

    That said, anyone willing to go to prison to prove his bona fides won't have his sincerity questioned by me.

    So why are you questioning his sincerety and motives?

    One can be (3.00 / 1) (#9)
    by Deconstructionist on Tue May 15, 2007 at 12:37:36 PM EST
     a "non-conformist" (which he surely is) without also being a gloryhound (which he surely is).

      I'm not questioning the sincerity of his non-conformist attitudes or of his passion for defending people against the system. I'm saying that much of his personna is calculated to provide him with things he values-- such as the fact we're talking about thim.

      This may come as a shock to you,  living out there in dream world,  but human beings are complex creatures and are motivated by a multitude of often competing if not conflicting motives. the same person can have admirable and not so admirable traits. Recognizing one side doesn't require failing to recognize the other.

    Parent

    Dream World (none / 0) (#10)
    by squeaky on Tue May 15, 2007 at 04:15:13 PM EST
    In my dream world I have been close to and have known many people like Tony Serra. Some have needed to be center stage and loved all the attention and some hated it. You don't have to lecture me about complex people, I have many in my life.

    You on the other hand seem dry as toast and just plain arrogant, as usual.

    Seems to me you could take a few lessons from Tony Serra.

    Parent

    this is (none / 0) (#13)
    by cpinva on Tue May 15, 2007 at 07:04:11 PM EST
    too funny for words!

    what an arrogant, self-aggrandizing little creep.

    awwwwwwwwwwww, let's have a pity party for him! geez, give me a break, will ya? these prisons exist for the purpose of displaying, to the world, that white-collar criminals are treated the same as everyone else, period.

    rehab isn't the issue: most of these people are well educated, they're all adults. if they don't know the difference between right and wrong by now, they aren't ever going to. their biggest crime, in their view, was getting caught.

    so, cry me a river.

    I don't think that (none / 0) (#15)
    by Deconstructionist on Wed May 16, 2007 at 07:20:05 AM EST
    "biggest... crime was getting caught" charge applies to Serra. He has openly defied tax laws in ways that all but ensured he'd be "caught." If you are a high profile lawyer and don't file income tax returns or pay any taxes you are not seeking to evade detection. This is different than corporate executives who employ accounting tricks or cause false SEC disclsoures to be filed , etc., and are clearly seeking to conceal their conduct.

      That said, I think people should pay their taxes. As "civil disobedience" not paying one's taxes is dubious. I applaud many acts of civil dispbedience but I think the law defied neeeds to be clearly immoral and the act of defiance directly aimed at the law.

      Taxation is not immoral. Some of the countless things on which tax dollars are spent are probably viewed as immoral by many taxpayers. If I can refuse to pay because some of my money is used to support a war I oppose (and Serra was not paying during periods there was no war) then why should someone else not pay because they oppose subsidized school lunches or public broadcasting, etc. It would essentially be an excuse for everyone to skip out on legal obligations flowing from lawfully enacted statutes.

      Moreover, this type of disobedience has no effext on the policies one actually opposes and might if more widely practiced actually hurt "good" programs.

      So, I have no sympathy for him in terms of having to go to prison for what he did. He's lucky he was able to plead down to a misdemeanor and keep his law license -- and some folks who lack his stature might not get such a good deal, especially the 3rd time.

      But, as I said, he goes after what floats his boat with a vengeance and it seems he's willing to go to prison to keep his name out there. That's a  choice I wouldn't make but to each his own.

     

    Parent

    Tony (none / 0) (#14)
    by HK on Wed May 16, 2007 at 04:14:08 AM EST
    has provided some interesting fodder for a much needed debate on prison reform.  I agree with a lot of what he says, although in the UK, monitoring bracelets have had a surprisingly dismal success rate.  I think that has more to do with the way the system has been managed than the system itself, though.

    I do not consider myself to be a person who is 'soft' on crime.  As a mother, I think discipline is very important and I do not tolerate bad behaviour from my children; as a member of society, I feel that innocent people must be protected and that law and order must prevail.  But I balk at the idea of retribution.  I just don't see how it is necessary.  This is not to say that we should not have prisons or the range of other consequences for crime.  Prisons are necessary to keep dangerous people away from society, in a place where rehabilitation should take place.  Fines go towards the up keep of the criminal justice system.  The range of punishments themselves I do not in the main disagree with; it is the fact that they are seen as punishment.  There should always be consequences for those who commit crime, but I do not think it makes for a healthy society to punish for punishments sake.  Really, what is the purpose of trying to spread the hurt around?

    I was wondering if you have community service in the US.  This is when the person who has committed the crime has to do some task in order to put something positive back into society.  This might be to paint a playground, clear a wasteground, remove graffiti or a whole range of other tasks. Sentences are given in hours (so the number of hours they have to do) and I think it currently goes up to 200. In Tony's case, something like this would have been more appropriate than a prison sentence.  The sentence can and often is given in conjunction with a fine or, in drugs cases, an order to complete a health programme.  

    Retribution, monitoring and community service. (none / 0) (#16)
    by JSN on Wed May 16, 2007 at 07:51:43 AM EST
    Retribution is very popular in the US harsh penalties pass with nearly unanimous votes and are promptly signed by the Governor. Incarceration is very costly and states are finding themselves faced with spending several hundred or more millions of dollars to expand the capacity of their prisons and then find the millions of dollars of annual operating costs  needed for the new facilities. As a consequence some states have revised their criminal sentencing policies and about twelve states are seeing their prison population decrease.

    Electronic monitors and voice recognition monitors can be used successfully under favorable circumstances which don't seem to occur as often as one would like. If the circumstances are not favorable they are of little value. GPS monitors are not a mature technology the battery pack is about the size and weight of a bible and the units are very expensive and clients have been known to cut them off and throw them away. The Iowa legislature mandated that some  sex offenders be placed on GPS monitors and we a now experiencing proof by demonstration that that was a dumb idea.

    Community service is often used as an alternate way to pay a fine. I suppose it could also be used for restoration but that is seldom done. Often there is inadequate supervision of community service and the fine is not paid (this results in a new charge of failure to pay). This is extra work for the court and if it happens often enough the judges may not allow community service (depends on the judge).

    When we were in the UK last year there were a number of articles about open and closed prisons. Evidently open prisons are similar to residential work release facilities used by community based corrections in this county. If you place the right people in such a facility they are very successful. Apparently they wrong people were being placed in open prisons in the UK and they were walking out at the first opportunity. Evidently a woman who had walked had set up a blog and was taunting the Department of Corrections. There were some bitter words exchanged between members of parliament and the DOC spokesperson.

    We have some county jails in the US with almost as many inmates as the entire UK prison system.

    Parent

    Thanks (none / 0) (#17)
    by HK on Wed May 16, 2007 at 10:51:20 AM EST
    for that information JSN.  I got a letter this week from a death row inmate who stated this:

    In the United States, the judicial system has pushed Americans to the top position in the world both in numbers of prisoners and rates of imprisonment.  We have 5% of the world's population and 25% of the world's prison population.

    I'm not sure if these statistics are accurate, but if the figures are anywhere near this, it is worrying, no?

    Parent

    The figures quoted are for incarceration (5.00 / 1) (#18)
    by JSN on Wed May 16, 2007 at 11:48:14 AM EST
    in both prison and jail for the US and prison only for other countries so the situation although very bad is exaggerated.

    Federal and state prisons about 1.5 million inmates and local jails about 0.72 million inmates. My recollection was that the UK was about 70,000 inmates and three states all have more prisoners than that.

    Parent