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FLORIDA PRISON LEGAL ers ectives ISSN# 1091-8094 VOLUME 13 ISSUE 1 Florida Ex-:Offender Task Force Says Change is Needed uietly, almost under the radar, for the past two years a Qtask force put together by former Gov. Jeb Bush has been examining why so many people who are released from prison return. The task force, called the Governor's Ex-Offender Task Force, was also charged by Gov. Bush with coming up with ideas and suggestions ~hat might interrupt that pattern and at least reduce recidivism in Florida. Recently that task force, made up of corrections and parole officials, attorneys, educators, community leaders, prison ministers and a couple of ex-offenders, submitted its final report and recommendations. Whether the task force's work has any impact only time will tell, but it is clear from its report that something needs to be done to disrupt the revolving prison doors. Every year 31,000 people are released from Florida prisons back into society. Within 36 months of their release approximately one third, 25.7%, of them will be back in prison. The cost to keep each of them incarcerated is $18,000 a year with the overall estimated cost to taxpayers being nearly $148 million a year-not counting capital costs, court costs or costs to local governments. And, just for perspective, if each of those prison returnees receives the average 4.6 y~ar sentence, Florida taxpayers. will have to, no-are being required to, JAN/FEB 2007 shell out over $670 million for a single year's worth of recidivists over that sentence period. Florida Department of Corrections Secretary Jim McDonough says that the reason so many reoffend is simple, "they're not prepared to live a life without crime." Finding ways to help offenders change that patteJil was the task force's job.. Their findings and recommendations essentially mirrored the common sense . observation of Secretary McDonough: Florida netds to do more to help ex-offenders succeed in living a crime-free life after prison. Otherwise, the cost imposed on society will remain unacceptably high, both financially and in terms of new crimes being committed and victims being created. "The point of getting drug-addicted offenders clean, mentally ill prisoners on medication and undereducated felons into employment training is not simply to make life easier for: prisoners,"' said Robert Blount, vice-chairman of the Ex-offender Task Force. "This is a public safety issue, and all of us will be better off if we can keep more ex-offenders on the straight and narrow path to legal, gainful employment." . The task force's recommendations call for broad . changes in the way that Florida deals with prisoners and newly released ex-offenders and a break from the fixation with mass warehouse' incarceration and punishment masquerading as social and economic policy that the recidivism rate shows is not working to make communities safer. Those recommendations include: FAlULIES ADVOCATES PRISONERS ON I THE INSIDE Building a Prison Empire : A Crack in Some Evidence Standard ~ Notable Cases 2007 Resource List FDOC Facts and Statistics 4 6 14 20 26 Florida Prison Legal Perspect~ves • Improving and expanding job training and education for prisoners. • Begin prerelease planning from the day that a prisoner is sent to prison and develop individualized community reentry plans. • Create an prisoner-discharge handbook containing individualized reentry plans and programs and services available in - the ex-offender's home community. • Help prisoners sign up for Social Security cards, driver licenses and state identification cards before they are released. • Assist disabled prisoners apply for disability and/or Medicaid benefits before they are released. . • Limit the requi.rement that ex-offenders have their civil rights restored as a condition for employment or licensing. • Expand faith-based programs within the prisons by converting at least six conventional prisons into faith-based prisons within two years. FLORIDA PRISON LEGAL PERSPr::CTIVES P.O. BOX 1511 CHRISTMAS, FLORIDA 32709 Publishing Division or: FLORIDA PRISONERS' LEGAL AID ORGANIZATION~ INC. i\ 501 (c) OJ Nun-pwlil Organil.ali"n FPLAO DIRECTORS Teresa Burns-Posey Bob Posey, eLA David W. Bauer, Esq. Loren D. Rhoton, Esq. FPLP STAFF Publ isher Editor Research Ten:sa l3urlls,Hos.ey Bob Posey Sherri Johnson Anthony Stuart Florida I'risoncrs' l.cgal Aid Organil.alion. Inc.. 1'.0: rJoxl5)1\. Christmas. 1'1. 32709. puhlishcs FLORIDA PRISON,tEGtd" PERSPECTIVES (FI'I..I') up to six timcs a ycar. 1-'1'1.1' iS,a nOIl~prolil' publicatioll ti)cllsing on thc Florida prison and crimin;il! juslice systcms, 1"1'1.1' provides a vchide tilr ncws. intiJrlnalilll1,'and rcsources affecting prisonCfs. their tiunilies. Ii'iends. Ill\'clliljl~s:andl: the gcneral puhlic of Floritla, Rl.'lluction of crime and r~cidivlslil. maintenance of liunily lies. civil rights. improving co.iHlitjons oj~ ~ conliucmenl. promoting skilled court acccss tilr prisoncrs. and" promoling accollulability or prison officials arc all: issues 1'1/1'.1/ is: ' designed 10 address, FI'I.I'·s ullll-altomey volunleer slaff; CaI.11101 respllmllo requesls fllr kgal lIth'icc, Ilue to thc volul11e Ilfin}iil;lhat is w.:civcd and \'o!lmteer staff limitations. all corresl1tllidcii~}tlJ.it:is' recei\'ed cannol be respllnded to. but all mail will'rel.'l:ih:ihdi,;idqal' attenlion. Permission is grauted to reprinl milterial. appearing,iil "I'Ll' lhat docs not indicalc it is copyrighted provided that ri'l'j' amI' any indicated author arl.' idelllilied ill Ihe reprint and a cop)' Ilftlie Jl"hlieatioll in which the material is puhlished is provided to,lhe 1'1'1.1' puhlisher. rhis publication is lIot meant til hl' a subSliluti.: lilr Ie!!al or Illha proli:ssillnal advice. The material in FI'I';I~' sho.uid'nol he relicd UpOIl as aUlllOrilative and may Nllt contiljn suflii.:ii.:nl inli'f1natilln to deal wilh a legal prllhlem. 1-'1'1.1' isaulllni:Jlic.illysent: ' til all memhers of I'I'I.AO. Illc. as a mClllhi:rshil);h~nclit; ivlemhership dues lilr 1'1'1.;\0. Inc.. operate yl'arly and! areSHl'tilf' prisoll.:rs. $15 lilr lillnily memhers alllilltha private individpals; S30 li,r atillmeys. and SI,O fllr agencil's. lihraries. andinslillllitlllS. That last recommendation has raised some eyebrows. The task force could not point to any proof that faith-based. programs work any better at. reducing recidivism than other programs. Florida created the nations first faith-based prison three years ago and now has three faith-based facilitiestwo for men and one for wom.en-and seven other prisons with faith-based dormitories. The programs serve over 3,500 prisoners, or about 4% of the prison systems 90,000+ prison population. Proponents of faith-based programs claim that the prisoners in them have fewer disciplinary problems and a lower recidivism rate than the general prison population. However, . researchers say that a variety of mitigating factors may have more to do with lower disciplinary problems than the religious instruction itself as those who volunteer to attend such programs are usually those. less lik~ly to be disciplinary problems and they receive services not provided in conventional prisons as motivation. Simply put, there is no scientific evidence showing that ex-offenders who leave faith-based prisons are less likely to end up back in prison. Faith-based programs are fine, said, FDOC Secretary McDonough, but the most important component to. reducing recidivism is education, followed by job training, mental health and drug abuse treatment and Iifemanagement skills. More than 4,000 prisoners read at a first-or second-grade level, said McDonough. Florida Prison Legal Perspectives' In fact, according to the task force, of 7.6 million "They have to have a job. You can eat if you jobs in Florida" 2.9 million-39.2o/o-are positions that have ,a job, but you can't eat faith. It gives you the moral stability, but the facts of life are you need to survive," , state laws prohibit former felons from holding or for which they must receive a special dispensation to hold, McDonough pragmatically said. M,cDonough has which is very rarely granted. This is a major, sometimes previously suggested that education, vo~tional,' mental insurmountable, roadblock for ex-offenders reentering health and substance abuse programs, ,all of which wer~ society only to find they can't get ajob that pays enough drastically reduced In Florida prisons in recent years, need to be expanded. FloridaTax Watch, a taxpayer watchdog to make a decent, sustainable living. , Except for a few missteps, the taskforce's group, has previously found that for every dollar spent on such programs, $1.66 is returned in the fir~ year and recommendations are viable. While most of the weight and responsibility would fall on the Department of $3.20 in the second. , Althqugh recommending' limits on civil rights Corrections, Secretary McDonough has said it wouldn't cost much more than' an additional $6-miJIion to increase restoration being tied to specific job employment or reading'levels and provide substance abuse treatment to licensing, the task force avoided directly' addressing Florida prisoners, and he claims that the state would see as automatic restoration of civil rights for ex-offenders in its " , report, ,perhaps because Gov. Bush was opposed to , much as a six-fold return in money saved and crimes averted. . automatic restoration. The ball is now in the Legislature's court. Gov. Charlie Crist, on the other hand, who will.be instrumental (along with the Legislature) in implementing Lawmakers will have to be the ones to fund any changes any changes to the prison system and ex-offender reentry and move to amend the laws to establish automatic efforts, has said that he believes ex-felons should regain restoration of civil rightS. The challenge, however, will be, fore lawmakers their civil rights when they finish their. sentence. Two to change ~eir punishment-and-damn-the-cost mentalitY. other Cabinet members" Agriculture Secretary Charles Lawmakers need.to wake up to the reality that continuing Bronson and newly elected Chief EconOmic Officer Alex to cut ex~offendersoff from being able to change their Sink, have stated they could support automatic restoration lives and have a reasonable opportunity to be productive if it contained exemptions for certain crimes such' as 'citizens only leads to more crime and victim suffering. homicide, sex offenses and selling drugs to minors. Crist The right man is in charge of the DOC to effect the needed said he thought those exemptions were reasonaple at a December '06 clemency board meeting that he attended. ' changes, and there will never be a better time for them than right now. Florida is only one of three. states that still withholds the civil rights of all felons even after they have completed their sentence. The other two states are [Note: As an aside, approximately two weeks before the Virginia and Kentucky. As noted by the task, force, Ex-Offender Task Force's final meeting in Nov. '06 to Florida by far leads the nation .in the number of people vote on what recommendations should 'go into its final who are disenfranchised, the list now includes more than report, Florida Prisoners'· Legal Aid Organization's 700,000 Floridians,. more than twice the number of any Chairwoman Teresa Bums Posey learned that the suggestion had been made by Florida Parole Commission other state, and a number continuing to grow yearby year. Under current laW in Florida, until the Clemency Chairwoman Monica David, a' member of the. task force, Board, made up of . the Governor and Cabinet, grants exthat the Parole Commission should be placed in total . • I felons their civil rights back, those people cannotvote. A charge of all ex-offender reentry efforts in the state. MrS. process that can take many, many years. Bums Posey also learned that the task force was seriously The more immediate concern' for ex-offenders consideririg a recommendation to that effect. Mrs. Bums being released from prison, however, is that until their Posey contacted the task forces members before their final rights are restored they are barred from a lQng list ofjobs, meeting and provided them with numerous reasoQji, back including being a nurse, dental hygienist, physical up by evidence from a variety of authoritative sources, as therapist, licensed pest exterminator, bartender, to why the Parole Commission should not- be considered paramedic, lottery vender; athletic trainer, auctioneer, and qualified or competent to handle any reentry effort, much dozens of more jobs that require a state license. less a statewide effort. Acting on behalfof FPLAO and its As Vicki Lopez Lukis, chairwoman of the Exmembers, Mrs. Bums Posey suggested just what the task Offender Task Force, and a former Lee County force ultimately did recommend, that the DOC was in the commissioner who once served 16 months in federal best position to implement and lead reentry efforts. Mrs. prison for mail fraud, said, "if you;~ecommitted certain Bums Posey later learned that her infonnation about the crimes, you can never bea Fish and Game Warden, but Parole Commission created much debate at the, task you can still be a Highway Patrol Officer. What sense force's final hearing, resulting in .Monica David's does that make?" '., suggestions being shot down. Mrs. Bums Posey wishes to 3 Flori~a Prison Legal Perspectives thank those task force members who kept her informed, they know who they are. -editor.] • -Commentary-, Building a Prison Empire by Kinlock C. Walpole ur elected officials have unhinged criminal justice and turned it into a massive, poverty program that breeds criminality. Prisons alone have consistently consumed a steady eight to 10 percent of an upwardspiraling state budget for decades. The only visible return is a relative political stability for those in power. Florida is investing, $21~5 billion in prisons this , year, and the prisons' only job is to provide a secure environment with room and board for about 90,000 men, women and children. The State,'s version of doing "hard time" is so appealing that about 45 percent of inmates have been returning to prison. In fact, there will be more inmates with previous time in state prison this year than were in prison 20 years ago. You could say that Florida state prisons are nothing more than a rest period where inmates often get much required medical attention while honing skills and broadening contacts in preparation for their next round of criminality. By the way, medical attention accounted for over 20 percent of the inmate cost per day for the, FY 2005-06. It appears our elected officials get a better return on their investment of our tax dollars than we taxpayers. Doing "hard time" is nothing more than an excuse for a rural poverty program in the form of a prison industrial complex and an urban poverty program for the criminal justice community. The big payback is the electoral gold of campaign funds and votes. There are two lynch pins that can reduce the size .of our state prison population in half. The first is to address the war on drugs as a medical problem, much as we do with alcohol. And the sel;ond is by, measuring drops in the recidivism rates. Every argument used to justify the war on drugs was used to justify prohibition. We are suffering identical consequences in the war of drugs as we did prior to the repeal of prohibition. The saddest consequence is that we are, and have been, s~nding more men, women and children to prison for drug law violations than we have for violent crimes over th~ last five years. Violent crimes include murder, forcible rape, robbery. and aggravated assault. The National closur~ rate for violent crimes in the same period was less than SO percent. That means no one is captured. convicted and incarcerated for over half of the violent crimes committed. It seems we could better protect Floridians by focusing more on violent crime. However, civil 4 forfeitures associated with violent crimes pale in O comparison to drug crimes, which probably a~counts for the emphasis on drug crimes by the criminal justice community. Our politicians argue that crime statistics have decreased over the last 14 years. What they are not telling you is that Florida has consistently been above the national averages in violent crimes since 1960. Studies show that the simple earning of aGED functionally reduces recidivism. Can elected' officials justify why they cut the Department of Corrections' capability to provide education to inmates by 50 percent? The criminal justice codes can be modified so that every time a person is convicted of a felony, they must graduate at the next higher' level of schooling. Coupled with this is the requirement to obtain a vocational degree' with its corresponding license or certification. This would not be in lieu of,a sentence,. but in conjunction with it. It would mean that both sentence and educational performance criteria must be met prior to release. The DOC does not have the skill to implement such a broad educational mandate. Our state secondary school systems have already failed these people once, and there is no reason to believe they have the desire or ability to redress those failures. That leaves the community college system.. This is a system that has decades of experience in remedial education for thousands of students from a dysfunctional state school system. They also have the skills and experience of teaching vocational programs. The question of who should pay is simple enough. The state failed in its responsibilities for a secondary education, and so it pays. The vocational programs can be paid by the inmate in the form of a student loan. There are definite pluses to such a program. , Research by both Florida Tax Watch and the DOC shows that inmates participating in educational and vocational programs ,have higher performance levels, lower disciplinary rates, lower recidivism rates, and are more likely to stay off of public dole. Further, these studies also show there is up to a $3.20,retum on each dollar invested within two years. 'The single biggest minus is that politicians lose the political gold from the crimiilaljustice community and the prison industrial complex. In the end, this is why such a concept wi II never become a reality. Kinlock C. Walpole is Director of the Gateless Zen Center, a Gainesville-based group that works with prison inmates. This commentary originally appeared in the Gainesville Sun on Sept. 24. 2006. • -~:':::(~ ~ ~ ~--;-"- --~-~~_. ~ -~1.~ ...•. ., - - - .a Florida Prison Legal Perspectives FDOC Secretary McDonough Nominated to Continue O n Wednesday, January 10 newly-elected Governor Charlie Crist named Florida Department of Corrections (FDOC) Secretary Jim McDonough to remain in charge of the state's prison system. Crist praised McDonough for doing a good job cleaning up and reforming the department, which has been repeatedly rocked over the past two years by scandal. In fact, McDonough was picked last year to take over and clean up the prison system by former Gov; Jeb Bush after disgraced secretary James Crosby was forced to retire while under investigation for corruption. McDonough, a former army commander who served in Vietnam and Bosnia, and who before taking over at the FDOC acted as the state's drug czar, wasn't guaranteed to remain at the FDOC's helm when Charlie Crist became governor in January. He has taken some heat from critics within the department and their union for his no-nonsense management style and his intolerance of corruption, incompetence and cronyism among employees. Among his policies that have disturbed some employees was his implementation of random drug testing and physical fitness requirements. That latter has caused the most upset among out-of-shape employees. Those same policies, however, have garnered praise for Secretary McDonough from state lawmakers and Gov. Crist. "He came into the agency under very difficult circumstances and did a remarkable job re-instilling integrity, honor and discipline to an agency in bad need of it," Crist recently said. The Florida Police Benevolent Association, the union that represents about 17,000 prison employees and almost 3,000 probation officers, is protesting McDonough's physical-fitness requirements. David Murrell, executive director of the PBA, sajd that the union is not against physical-fitness requirements for prison guards but that the department (i.e., McDonough) ignored collective bargaining requirements by not negotiating with the PBA over work rules. "I think he's doing a good job of cleaning up the department, but we have some problems with .his management style. We wish it would be more inclusive than it's been," Murrell said. . McDonough also earned praise from prisoners and their families in mid-January when he followed through on his promise to do something about the excessively high prices being charged prisoners for commissary items by Keefe Commissary Network, a private contractor whom fonner Secretary Crosby brought in to operate the prisoner and visitor canteens in 2003. In mid-January prices for items sold in the canteens dropped about 20% for most of the items. McDonough had threatened to rebid the canteen contract last year, and went so far as to put out invitations to bid on a new contract. Apparently, Keefe was allowed to keep the contract by reducing its prices to a more reasonable level comparable to prices outside the prisons. McDonough had the distinction of being the first department head holdover that Crist chose to continue from Gov. Bush's administration. Upon being named by Crist, McDonough said he will press on with reforming the prison system. "I commit myself to fulfilling our missions, the foremost of which is public safety," McDonough said. • Ex-Wife of Ex-FDOC Secretary Named in Lawsuit I n December '06 the Florida Department of Management Services filed suit against Leslie Crosby, the ex-wife of former Florida Dep~ment of Corrections (FDOC) Secretary James Crosby. The lawsuit alleges that the pair intentipnally tried to defraud th~ state after James Crosby was ousted as head of the prison system last year for . corruption. . The lawsuit, that was filed in the circuit court in Tall!lhassee, alleges that once James Crosby believed that he was going to be indicted on federal corruption charges that he and his wife conspired to shield his state retirement benefits from forfeiture by divorcing and with Leslie ·Crosby then using those benefits to buy a new home. Leslie Crosby's attorney Terrence Brown claims that she never spent or received any of her ex-husbands retirement money. She instead bought a Starke house with money the couple received from selling their home in Tallahassee, Brown said. Records show that the Crosby's sold the. Tallahassee house in May, about three months after James Crosby was forced to retire under investigation that he had been involved in criminal activities, including taking kickbacks from a contractor given a contract by Crosby to operate commissaries in prison family visiting areas. The Tallahassee home was sold for $209,000 in May and Leslie Crosby bought the. Starke house in June, just one day after James Crosby signed a deal to plead guilty to federal charges that he had received illegal kickbacks while secretary of the third largest state prison system in the U.S. When Crosby was first indicted he was given notice' that the state intended to stop his retirement benefits and seek recovery of almost a ql;Jarter million dollars that he received when he left the FDOC. The lawsuit filed by the DMS seeks more than $191,000 from the Crosby's'. Leslie Crosby's attorney claims the lawsuit is "shameful" and filed a motion to have it dismissed. • 5 Florida Prison Legal Perspectives A Crack in The "Some Evidence" .standard Armor'Put A Pry Bar To It Comrades by John Cox While going thru the November 2006 issue of Prison Legal News (Page 40), I came across an article that describes how an ~ate in the Minnesota DOC successfully petitioned to the Mmnesota Supreme Court for a violation of due process. (Carillo v. Fabian, 701 N.W. 2d 763 (Minn 2005» The Scenario is familiar to FDOC inmates; an officer writes a DR, you present witnes$es and/or evidence that completely precludes or exonerates you. Presto! Guilty "Based on the Officer's Statement". DC time, loss ofgain time. In this case, he had a witness who said he didn't do it, and his alleged victim said he didn't do it Bam!' Guilty, based on the Officers statement. DC time, loss ofgain time. Carillo's petition argued that his term of imprisonment was extended without providing Sufficient Procedural Due Process. The court concluded it was inappropriate to analyze Carillo's liberty interest by looking solely to Statutory Language; rather it must examine the nature of the deprivation and that extent to .which the deprivation departs from the basic conditions of . Carillo's sentence. (he lost,only 7 days.) Part of the decision is based on the makeup of Minnesota .Law. But other, pertinent parts could, and SHOULD be used as the basis for an argument to the F1oridaCourts.·The Minnesota Supreme Court held that the '''Some Evidence" standard of Superintendent, Massachqsetts Correctional .Institution at Walpole v. Hill, 472 U.S. 445 (1985) addressed only a standlU'd of appellate review, not a standard of proof. (I) Whether a standard ofproofsatisfies due process requires a 3 part test: I. The private interests affected; 2. The risk oferroneous deprivation of such interest; and 3. The Government's interest. . Carillo satisfied the first test. The court said that "The risk 'of an ,erroneous deprivation of an interest is high when the factfinder uses the "Some Evidence" Standard." As to the final test, the government has an interest in promoting fair procedures. The court further stated: "The "Some Evidence" standard sends the message to prisoners as well as society at large that once an individual is convicted ofa crime, he is presumed guilty ofevery subsequent allegation. .. , The MiMesota Supreme Court's decision was that Hearing Officers must find by a preponderance of evidence that [Carillo] had committed a disciplinary offense before the MDOC can extend his release date. Several others more worthy than I have' stated on' many occasions that you should "Adopt the language' of the Law/Courts" when writing requests, filing grievances or petitions, motions and complaints. This is an excellent case to adopt language from, and to cite, even though it',s in Minnesota. The "Some Evidence" standard that the FDOC uses is outlined in Superintendent v. Hill, and is based on that adopted by the Federal Jurisprudence, which is probably the lowest 6 possible standard. Until now, what most courts failed to recognize or address is that the "Some Evidence" standard is one of Judicial review NOT THE BURDEN OF PROOF AT. THE HEARING ITSELF. Florida Courts have failed. to; even . mention this distinction. See Newell v. Moore, 767 So. 2d 1240 (Fla. 151 DCA 2000) , In Redman v. FDOC, 7 F.A.L.R. 2641 (DOAH, 84-1916R. 19~5) it was held that "Evidence" in a DR hearing means eVIdence as defined by the Florida Evidence Code, § 90, FL. Statutes. . The evidence code doesn't define evidence, b~t it does defme REbEVANT EVIDENCE: "Evidence tending to prove or disprove a material fact" § 90.401. .. The burden of proof and a, standard of review are totally different. The former is a burden that's carried by the fact finder (DR Hearing) while the latter is a standard the court applies when reviewing a DR Hearing and record. Hill at 457.' . In Plymel v. Moore, 770 So. 2d 242 (Fla. lit DCA 2000), the court held that, "The standard of review applicable tocircliit court review ofa decision ofan administrative agency is: I. Whether procedural due process was accorded; 2. Whether the essential requirements of law were observed' and ' , , 3. Whether the administrative findings and judgment are supported by competent substantial.evidence." Because prisoners in Florida are required to use Mandamus to review, administrative decisions. The "Competent Substantial Evidence" ~tandard of review has supplanted' the "Some Evidence" standard of Hill. In order to avoid creating bad ' precedent for all prisoners in Florida, be prepared to argue burden of proof issues.' , RELEVANT EVIDENCE OF MATERIAL FACT, i.e. witnesses. Common sense dictates that the preponderance of evidence standard is required because due process itself mandates that an inmate be permitted to marshal th~ facts, call witnesses, and present evidence. All of this would be negated by a "Some . Evidence" standard that allows a finding of guilt on any eV~dence ~t all regardless of the presence of exculpatory eVIdence In any amount. In fact, under the some evidence standard, Courts will not «Make an independent assessment' of the credibility ofwitnesses", Hill at 455. . If that standard is the same at the hearing itself it negat.es th~ right to' call witnesses at all. Likewise,' the some evidence standard, as a standard of review, prohibits the "Weighing of Evidence", Cummings v. Dunn, 630 F. 2d 649 at 650 (Sib CIR 1980) Hamilton v. Scott, 762F. supp 794 at 800 (N.D. ILL 1991). . . Applying this as a hearing standard again negates the right to present evidence at all beca,use it will not be weighed by the team when the ,only issue is if any evidence exists to support a finding ofguilt! . Both Article. I, Section 9 of the Florida Constitution and the 141h Amendment of the U.S. Constitution provide for due process which "serves as the vehicle to ensure fair treatment through the proper administration of justice where substantive rights,are at issue." Dept of Law Enforcement v. Real Property, 5S8 So. 2d 957 at 962-964. In LaFaso v. Patrissi, 633A.O. 2d 695 the court said, "...We find incredible the suggestion that a De Noud proceeding intended to determine the guilt or innocence of any Florida Prison Legal Penpeetives individual could dispense with these procedures and retain, a semblance offtmdamental fairness." . Corecia J. WOO, Attorney at Law is publishing a collection ofletters to and from inmates. We are looking for letters to or from your loved incarcerated family member to review and consider for the collection. A release will be needed giving your express written consent to publish these letters. For more information and to download the release, please email: coreciawoo@yahoo.com . LaFaso at 698,I;Ommenting on Hill and Goefv. Dailey, 991 F. 2d 1437 (811I Cir 1993) . Bringing a fairness/due process claim under the State Constitution wiD have extremely favorable precedent behind it Claims against-faulty DR hearings should attack the ~ right to due process, attack the fundamental bias of being foul1d guilty no matter what. and be vigilant to procedural errors that can get you a new hearing, or even have it thrown out. Forecast: More people in prison Ascudypl1ljeas majorgrowtb inthe us.' uIatfan.The Pew Charitable 1hIst says rncnetban t'1 millionadults ~in7uon by2011 - an Increase ofnearly 200.000 trom 2006. Alook at the prison landscape: us. priscn rpuladon More than 3% oftheadult us. pop.. . (in mm1ons' uIation Is under correctlons supervision. Where they are: (In mlIIillns) iii' 1.6 - - - - - - - - - : Prison 1.46 . Parole . 0.4 .pfil$1 Jan ~1fu'<iUJ{' ~ , 03~ • .035 , '11 *-2lllI5l1prn, __ PnIjedId Increue 01 prison populatkms In aU 50 stlll!S .. ~t 41X NoM. . 21" Olda. ' lB .Ala. _ MaIne M IG1iL 2)" RI i·X.X.X.X.X.X.X~~X.X.X.X.~~X.X.X.X.X.X.~~X·~~~1 ~ . FLORIDA CLEMENCY SPECIALIST ~ . ~ FOR ASSISTANCE INFORMATION . ~ ~ WRITE OR CALL: I ~ ~ ~ NATIONAL CLEMENCY PROJECT . ~ ~ 8624 CAMP COLUMBUS ROAD ~ ~ _ HIXSON, TENNESSEE 37343 ~ ~.X.~X.X.X.X.X.~~X.X.~~X.X.X.I.I.I.I.:t.X.I.~~X.' '" '" Florida Department of Corrections Percent of State General Revenue Budget . Appropriated to Corrections' Inmate Cost Per Day by Type of Facility IOO~ $801- · n $6281 $601$43.26 $40~---; ~ i'SU'11 5201- i 1 II $.'--_...:....L..:...---L~_-l..J. Adult Private Male Male Insf. Youthful Offender ......._ n I ,ill:2Q I 8.0% 8.0 r- $92.60 ~ I I I I ! i. 7.9 l- 7.8 IT I I, I I 8.0% l- 8.0% ,.-- ,I 7.9% I I I I .7.7 7.7% ~ I I " ........._ ........"-'--_....... Adu/t/YO Specially Reception Female Inst Centers 7.6 I FY O().() J FY 0 1.02 FY 02.03 FY 03-04 FY 04005 FY 05-06 7 Florida Prison Legal Perspectives . . ~' POST CONVICTION CORNER by Loren ,; lUIotoe."" \ Every person who is accused of a criminal offense must be competent to face the charges against him before a trial can be held. The Due Process Clause Qf the Fourteenth Amendment to the United States Constitution prohibits states from proceeding with trial, or any other critical stage of the criminal proces~, when the defendant is incompetent. Pate v. Robinson, 383 U.S. ,375, 378(1966); Florida, Rule of Criminal Procedure 3.210Ca); and. Carrion v. State, 859 So.2d 563 (I~la. 5th DCA 2003). Florida courts have also held that failure to so abide results in deprivation of a defendant's constitutionally guaranteed righ, to a fair trial. Brockman .v. State, 852·So.2d 320, 332 (Fla. 2d DCA 2003) citing Hill y. State, ' 473 So.2d 1253, 1259 (Fla. 1985). Usually, when competency ofa defendant is in ' question, either defense counselor the trial court will initiate a competency evaluation of the defendant. However, sometimes the courts will use inappropriate' . or insufficient procedures to detennine a def~ndant's competency. Other times counsel may disregard clear indications of a lack of competency. In such cases it ' is proper to vacate the judgment and sentence and remand the case to the trial court for retrial after conducting a proper competency evaluation. . If an attorney is aware of facts which indicate that his client may be incompetent to understand the proceedings against him, it is that attorney's duty alert the court to such incompetence and initiate a competency evaluation. Some ' factors which should be warning signs for defense counsel would be prior hospitalizations for mental health. problems or the client's use of prescribed , psychotropic medications. Likewise, warnings from the 4efendant~s family or friends can alert an attorney to the fact that a client may not be competent to " understand and assist with the proceedings. An attorney's failu.re to explore a . client's ability to understand the nature of the proceedings againsflum, when the' attorney has reason to believe that the client may not be competent, can amount ~o ineffectiveness of counsel which is sufficientto warrant postconviction relie£ . See, Williams v. State, 685 So.2d 1317 (Fla. 2nd DCA 1996) [summarY denial o~ ' postconviction relief was improper where defend;ant alleged that his use of . prescriptive medication interfered with his ability to understand the nature and conseq~ences of his'plea agreement]; and, Broomfield v. State, 788 So.2d 1043 ' (Fla. 2nd DCA 200 I) [counsel ineffective for failing to investigate client's competency where attorney had reason to believe client may be incompetent to proceed]. 'to 8 Flor~da PrisoD Legal Penpectiyes . Sometimes .a trial court is aware of possible competency concerns about ~ defendant andorders a competen~yeva1uation. In fact, the United States Supreme Court has placed tbeburden on the trial court to, on its own motion, make an inquiry into and nold ahearing on the competency of a defendant when there is evidence that ra1se~iquestions as to that competency. Hill v~ State, 473 So.2d 1253, 1257 (Fhi. J9a5)citingPate v. Robinson, 383 U.S. 375 (1966). A trial court is further burdened with the responsibility.ofensuring the defendant remain, competent throughout the course ofthe proceedings. ,Kilgore v.State, 688 So.2d 895 (Fla~ 1996)~ reh~g f!enied, (Fla. 1997). Such an obligation is ongoing and the trial court must remain receptive to changes in circumstances. Culbreath v. State,' 903 So.2d 338' (Fla. 2d DCA 2005). This burden is "a great one~' and requires trial cOurts to be '~very diligemtin ascertaining competency." Fuse v. State, 642' So.2d 1142, 1146 (FJa; 4th DCA 1994). . When j reasdIiable ground to doubt the'defendant's competency arises, the court musHnUi1edia~iyorder a time for a'hearing. Fla. R Crim. P; 3.210(b). Within twentY days ~ofthe·order, a hearing must be conqucted. Id. But prior to the hearing, defendant must be examined, by no more than three, mid no fewer than . two experts. ~ see also Fla. Stat. § 916.115(1)(b).Whenfewet than two experts are appointed, the Flo,ri9a Supreme Court has ruled that ''there is nO doubt that the trialjudge'erred;" J)'01eo-Yalgezy: State, 531 So.2d 1347,1348 (Fla. 1988). Such error c:onstitut~s reversible error so long as the defense properly objects. Graydon v. State, 502 So.2d 25,26 (Fla. 4th DCA 1987), andD'Oleo-Valde~ 531 So.2d at 1348 (lioldmg that a failure to object waives the two expert minimum requirement). . Receritly,'my office has seen cases where improper competency evaluations conducted itl'severai different counties' circuit courts. For example,' in one observed a competency procedure whereby the court Pinellas County case~ ordered a compe~ency evaluation by only one expert and thereafter found the . defendant to be competent without the benefit of an actual competency hearing. A similar procedure was recently observed in an Orange County case. Likewise, my office has reviewed numerous cases where trial attorneys have either disregarded clear wamjng signs 'indicating incompetency~ or, just as bad, taken it upon themselves to make a detennination of competency without the benefit of a mental health exp~rt~ Such errors potentially deprive criminal defendants ofthe ability to face ,the charges .~ga!nst them 'while competent. This means that an abuse of the required ·coinpetertcyprocedurescan result in a defendant facing trial while unable to' adequately cilmmtinicate witJt or assist defense counsel with trial preparation. When a defendant's competency is reasonably in question, a competency hearing isabs'olutely r~quired. Fowler v. State, 255 So.2d 513 (Fla. 1971); see ; also )30Sgs'y. State; 575 So.2d 1274, 1275'(Fla. 1991) (when doubt as to C()mpetency exists, the pro,?edtires set forth in the Rule are "mandatory."). Failure to conduct said he~ng de~es the defendant'his fundamental right to a constitutionally d.dc!t]Uate d~tenninationofcompetency. Watts v. State, 593 So.2d the we 9 Florida PriSOD Legal Perspeetives 198. (Fla. 1992). When the trial court fails to act in accord with the dictates of Rule 3.210, or when defense counsel is i~effective for faili~g to see that. the proper' competency procedures are followed, the remedy should be vacation of the judgment and sentence with direct,ions to the State that re-prosecution can only occur after a full and adequate determination of competency to stand, trial.. This is because a hearing on competency to stand trial cannot be held retrospectively. State v. W.S.L., 485 ~0.2d 421 (Fhi. 1986); Pridgen y. State, 531 So.2d 951 (Fla. 1988); and, Fin!destein v. State, 574 So.2d 1164 (Fla. 4th DCA 1991). The case of Hill v. State, 473 So.2d 1253 (Fla. 1985) is illustrative of the above-addressed issues. In Hill y. State, 473 So.2d 1253 (Fla. 1985), the defendant was convict~d offirst degree murder. Hill filed a Rule 3.850 Motion for Post~onviction Relief. Id. at 1254. In his 3.85p Hill challenged his conviction on the grounds that circumstances existed at trial which required the trial court to hold a hearing on his competency to stand trial. Id. The trial court conducted a modified evidentiary hearing on Hill's competency to stand trial. At said hearing the court heard testimony from Hill's trial counsel and defense investigator, but directed that all other testimony be submitted in the form of depositions. At Hill's evidentiary hearing a litany of information was presented that demonstrated that at the time of his trial Mr. Hill was mentally retarded and suffered from grand mal epileptic seizures. Hh at 1254. The defense investigator testified thathe had trouble extracting sufficient information from Hill in order to conduct an investigation. Id. at 1255. Additionally, there was a psychological evaluation of Mr. Hill by 'a prison psychologist an4 classificatioIJ specialist that reflected that Hill was of borderline intelligence, illiterate, and epileptic. Id. The record in Hill further reflected that liill's trial cOWlsel did not , understand the distinction between cC?mpetency to stand trial an.d competency at the time ofthe offense. Hill's trial counsel testified that he resolved the issue of . Hill's sanity by interviewing Hill and his family. Id. at 1256. Counsel stated that he was able to determine that Hill knew right from wrong 'and therefore eliminated any possibility of an insanity defense as well as any claim that Hill was not competent to stand trial. Id. At Hill's 3.850 evidentiary hearing, the trial court also heard testimony from the investigating police officers. The officers testified that they had no problem communicating with Mr. Hill., The State relied on the police officers' testimony and the prison psychologist's report to support their contention that Hill was not entitled to a competency hearing. , After hearing all evidence the trial court denied Mr. Hill postconviction relief. The Hill Court held that the initial failure of the trial court to hold a competency evaluation, prior to trial, deprived Mr. Hill of a fair trial. Id. at 1259.. Such a competency hearing was constitutionally required under the circumstances. ML Furthennore, the Hill Court held that such a competency hearing cannot be held retroactively because "a defendant's due processrigItts would,not pe .adequately protected under that type of procedure." ~ at 1259. quoting Drape y. 10 Florida Prison Legal Penpeetives Missouri, 420 U.S. 164 (1975). As such, Hill's Judgmentand Sentence was reversed and his case was remanded for a new trial if Hill was found to be competent to once again face the charges. For any defet:ldants that have been convicted in circumstances where competency to proceed to trial was questionable, I would recommerid further researching the above addressed authorities. It may turn out that the trial court used inadequate procedures to evaluate the competency or that trial counsel was ineffective in failing to properly investigate competency. In either case, postconviction relief may be available via a Florida Rule of Criminal Procedure 3.850 Motion for Postconviction Relief.. . Loren Rhoton is a member in good standing with the Florida Bar and a member ofthe Florida Bar Appeliate Practice Section; Mr. Rhoton practices almost exClusively in the postconviction/lJppellate . area ofthe law, both at the State and F:ederal Level. He.has assisted hundreds ofincarcerated persons with their cases and has numeroUs . written appellate opinions.• DavidW. Collins, Attorney at Law Former state·prosecutor with more than 20 years of criminal law experience "AV". rated by Martindale-Hubbell Bar. register of Preeminent Lawyers . . . . . . Your voice in Tallahassee representing prisoners in all areas of post-conviction relief: • ... Appeals . . Plea Bargain Rights 3.800 Motions Sentencing and Scoresheet Errors' Green, Tripp, Karchesky. Heggs cases 3.850 Motions State and Federal Habeas Corpus Jail-time Credit Issues Gain-time Eligibility Issues Writs of Mandamus . Clemency Habitualization I~sues Probation Revocation Issues ." Write me today about your case! David W. Collins. Esquire . P.O. Box 541 Monticello. FL 32345 (850) 997-8111 "The hiring ofa lawyer is an important decision that should not be based solely upon'advertisements. Before you decide, ask me to send you free written information about my qualifications and experience." 11 Florida Prison Legal Perspectives Friends, the Florida Governor's Commission in the Administration of Lethal Injection met Monday, Feb. 19,2007. The Commission was ordered. by former governor Bush to investigate the botched execution of Angel Diaz on Dec. 13,2006 and to recommend changes to Florida's lethal injection method of piJtting prisoners to death. There was testimony from a secret Execution Medical Team member. The Commissioners and audience were visibly .rattled by his menacing testimony. He has been involved in 84 executions for 5 states and the Federal Government. This is the true nature of the death chamber. Executions are not solemn, medical or humane events. Mark Elliott Director, Floridians for Alternatives to the Death Penalty mark@fdap.org Dear FPLP,I was recently given a copy of your "Special ParoleIssue" to read. I have a friend who has been in the Florida Prison System for 27 years and I am very interested in how the Florida Paroie Commission works (and doesn't work). I am grateful to see that they are being exposed. This may just be a little thing to mention but I do not think there is any notification to families and/or others sending money to prisoners accounts that part of the money is going to be deducted and I do not know how much is deducted if it is a flat fee or if it is a percentage of what is sent to them. It would seem to me this information should be given by phone or on the DOC website. Folores F. VB FL Dear FPLP, I want to address a few issues pertaining to the lack of faith in grievances and lack of unity amongst inmates serving time in FDOC. I have been incarcerated almost 2 decades and at one time inmates of all cultures, ethnic backgrounds have fought for prison rights and each other when it comes to misconduct by staff. This breed that has overflowed Florida prisons since 1995 need to be segregated, they don't know what doing time is about. The system love~ you guys-you bring all this slime into the system, hating on each other, too ignorant to pick up a book, dictionary or even go to school. What is wrong with you? Mexico FPLP, I have done many years in prison and I have learned only one thing from this so called rehabilitation that is hate, something I never really knew till I came to prison. We are sent to prison to correct negative behaviors and gain some form of rehabilitation but at FDOC no one receives any form of rehabilitation. Because any self esteem or self help we may receive is shot down from the constant abuse from the staff and ·officers. Most of the women in prison have been beaten and battered all their lives in one form or another. They are women who need nurturing and care to learn to love themselves'. So they can realize they are someone special and important in life. How does anyone expect us to heal and change and return to society to become normal citizens when we are .belittled, beaten,' battered, raped and sexually violated on a daily basis. I and two other female inmates were sexually violated with DNA to prove it, it was reported and nothing was done. All three of us wrote grievances and nothing was done. The response to.our grievance was that the inspector general's office would deal with it, still nothing has been done. There are a few of us who have the courage to speak out,they cannot break our ~pirit. R LCI Dear FPLP, I wanted to let your readers know some of the things ,going on with the visiting at Apalachee CI E. The visiting is very controlling. Upon arrival the officer assigns the visitor a table to sit at, smoke breaks are given one per hour for 15 minutes at a time outside. The in~ate sits in a "special" chair facing the officer's desk. Outside is the same. there are wooden benches and you cannot sit on the bench next to the inmate you are visiting. he sits on a metal chair. If I'm not mistaken none ofthis is in Chapter 33 rules. DO Letters sent to FPLP may be used in this section. All letters are subject to editing for length and content. Only initials will be used to identify senders and their location. Letters are welcome from all FPLP members. Address letters to: Editor, FPLP. P.O. Box I S II, Christmas, FL 32709. 12. Florida Prison Legal Penpectives Loren D. Rhoton Postconviction Attor~ey. I -----~~--- • • • • • • . Direct Appeals Belated Appeals Rule 3.850 Motions Sentence Corrections New Trials Federal·Habeas Corpus Petitions 412 East Madison Street, Suite 1111 . Tampa, Florida 33602 (813) 226-3138 Fax (813) 221-2182 Email: lorenrhoton@rhotonpostconviction.com .Website: www.rhotonpostconviction.com· The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you free written information ;;;tbout our qualifications. BUY THE BOOK·- ON SALE NOW POSTCONVlCTION RELIEF FOR THE FLORIDA PRISONER . A Compilation ofSelected Postconviction Corner Articles A collection of Loren Rhoton's Postconviction Corner articles is now available in one convenient book geared towards Florida inmates seeking justice intheir cases. Insights based on professional experience, case citations, and references to the relevant rules.ofprocedure are provided. This b,?ok is specifically directed toward those pursuing postconviction relief. To order, send $20.00 in the form of a money order, cashier's check or inmate bank check (no stamps, cash or personal checks please) to the address above, or . order online at www.rhotonpostconviction.com. . 13 Florida Prison L~~al·Perspectives Thefollowing are sl4mmaries ofrecent state andfederal cases that may be useful to or have a significant impact on Florida prisoners. Readers should always read the full opinion as published in the Florida Law WeelcJy(FIa. L Weekly}; Florida Law WeelcJy Federal (Fla. L. Weekly Federal); Southern Reporter 2d (So. 2d); Supreme Court Reporter (S. Ct.); Federal Reporter 3d (F.3d); or the Federal Supplement 2d (F.Supp. 2d), since these summaries are for general information only. FLORIDA SUPREME COURT Corbblin v. State, 31 Fla.L.Weekly 14 S879 (Fla. 12121106) Corbblin Bush's caw presented the Florida Supreme Court with the questions of what remedy a prisoner is to use and which circuit court to file it in when challenging a sentenc~reducing credit determination made by the Department of Corrections (DOC) (i.e. loss of gain time, provisional credits, etc., that 'is determined by DOC). . DOC had denied Bush additional provisional credits he claimed he was entitled to through administrative remedies. After exhausting those remedies, Bush filed a petitioner for writ of mandamus regarding DOC's denial in the Leon County Circuit Court. The circuit court dismissed his petition for lack ofjurisdiction, citing Schmidt v. Crusoe, 878 So.2d 361, 361-62 (Fla. 2003) (which held that "an inmate's petition for writ of mandamus challenging a loss of gain· time is a collateral criminal proceeding and not a civil lawsuit as contemplated by the Prison . Indigency Statue"). The circuit court opined that it' did . not have jurisdiction over <follateral criminal proceedings stemming from a conviction and sentence rendered by another circuit court. . Bush Consequently, followed the circuit court's opinion and filed his petition in his original sentencing court, the Seminole County Circuit Court. That court also dismissed Bush's p~tition, stating, ''The court cannot entertain a civil petition in a criminal case...Seminole is not the . appropriate venue. for this cause of action." The appellate court affirmed, ruling that a petition for writ of mandamus' "is a civil_action" and that venue properiy lies in Leon County, where DOC's headquarters is located. See: Bush v. State, 886 So.2d 339 (Fla. Sib DCA 2004).' Thus, the Florida Supreme Court granted review of Bush's case based on the apparent conflict with Schmidt. There, Bush claimed that the appellate court erred in affirming the dismissal of his petition; he contended that the petition should have been transferred to the proper . circuit court. In reply, the State contended that Schmidt should be overruled because it has created confusion concerning both the proper remedy and the proper venue for adjudicating such claims. The first issue the Florida Supreme Court looked at was "The Proper Remedy." Under that issue it was explained that such claims as Bush's that regarded a gain time or provisional' release credit that was determined. by DOC, after the prisoner exhausted administrative remedies, he or she generally may seek relief in an original proceeding filed in circuit court .as an' extraordinary writ petition. In such a case, if the prisoner alleges entitlement to immediate release, a petition for writ of. habeas corpus is the proper remedy; whereas if the prisoner is not alleging entitlement to immediate release, then a petition for writ of mandamus is the proper remedy. The State, in its contention that Schmidt should be overruled, stated that the language in Schmidt may be read as authorizing prisoners to challenge sentence-reducing credit . determinations via collateral remedies rather. than extraordinafy writ petitions. 'The Florida Supreme Court disagreed with the State's contentions and stated that the Schmidt case has no such language. First, although· in Schmidt it stated that a "gain-time challenge is . analogous to a collateral challenge to a sentence in a criminal proceeding; it did not state that it is a collateral . challenge. Second, although it was stated in Schmidt that "[this] gaintime challenge should be considered a 'collateral criminal proceeding,'" the Schmidt court did so in the context of the prisoner indigency statue, and the statement was limited to that context. Accordingly, to clarify this part of the issue, the Florida Supreme Court held that the proper remedy for such sentencereducing credit determinations by the DOC, where administrative remedies have been exhausted and entitlement to immediate release is not alleged, continues to be a mandamus petition filed in circuit court. The next issue the Florida Supreme Court looked ·at was "The Proper Venue." Urider this issue the difference between venue and jurisdiction in regard to the filing of a mandamus petition .was explained first: "Venue is one thing; jurisdiction is another. They are not synonymous. Venue concems 'the privilege of being accountable to a Court in a particular .location'. Jurisdiction is 'the power to act,' the . authority to adjudicate the subject See: Williams v. matter." Fe"entino, 199 So.2d 504, 510 (Fla. Florida Prison Legal Perspectives 2d DCA 1967). It was explained in the Bush review that although all circuit courts in the state have jurisdiction to issue writs of. mandamus, see article V, section 5(a), Florida Constitution, the question in Bush's case is where in the state a party should be held to answer such A petition, which is a question of venue. On this issue, the Florida Supreme Court held that because such claims as Bush's were determined by DOC, the county for which DOC's headquarters is located in the county in which to file the petition, Leon County Circuit Court. Finally, ,the last issue the Florida Supreme Court reviewed was the "Transfer versus Dismissal" of a mandamus petition when filed in the wrong circuit court. After citing to several analogous issues addressed in the Florida Constitution it was concluded that transfer to the proper court rather than dismissal is' the preferred remedy in such a case. Accordingly, the Fifth District's opinion that Bush's case should be held in the Leon County Circuit Court was affirmed; however, the order that affirmed the dismissal of Bush's petition was quashed. The case was remanded with instructions to transfer it to the Second Judicial Circuit Court in Leon County for further proceedings. DISTRICT APPEAL COURTS OF ,simmons v. McDonough, 31 Fla.L.Weekly 02920 (Fla. lsi DCA 11121/06) Johnny Simmons sought . certiorari review from a circuit court's order imposing costs and fees against his prison account after he filed a mandamus petition that constituted a collateral. criminal proceeding pursuant to 57.085(10), Fla. Statues. The First District Court of Appeals granted review of Simmons' case and opined that the lower court had improperly imposed costs and fees against the prisoner's trust fund account. Accordingly, the lower court's order imposing the lien against Simmons' prison account was quashed. It was also instructed tharthe lower court should direct an order to reimburse any funds withdrawn to satisfy the improper lien. See: Cason v. Crosby, 892 So.2d 536 (Fla. III DCA 2005). Also see other recent related cases: Gaffney v. McDonough, 31 Fla.L.Weekly 02919 (Fla. 1st DCA 2006); De/gado v. McDonough, 31 Fla.L.Weekly D2919 (Fla. lSI DCA 2006); Hill v. McDonough, 31 Fla.L.Weekly D3016 (Fla. 1st DCA 2006); and Finn v. McDonough, 3I Fla.L.Weekly 03019 (Fla. lSI DCA 2006). Santiago v. State, 31 Fla.L.Weekly 02925 (Fla. 4th DCA 11/22/06) Nomar Santiago appealed the denial of his motion to suppress evidence found following an investigatory traffic stop. Santiago had preserved the issue for appellate review prior to entering his guilty plea in the lower CQurt. The background of this case began when a police officer was working an unrelated case, observed Santiago flash his vehicle's headlights as another vehicle entered the parking area where Santiago was parked. Afterward, the other v~hicle drove toward and parked next to Santiago's vehicle. Santiago walked over and briefly spoke with the other vehicle's occupant, then walked back to his own vehicle, soon returning to the other vehicle again, on the passenger side. Thereafter, both vehicles left the area, with the observing officer following Santiago. While the· officer followed and stopped Santiago, he directed another officer to follow and stop the other vehicle involved. [Apparently a search took place and contraband was found in one or both of the vehicles causing Santil\go's arrest, the case did not elaborate on that subject.] At trial, the arresting officer testified that he was not sure of what, if anything, passed between Santiago and the occupant of the other vehicle, but concluded that he had witnessed a hand-t<rhand drug transaction. Consequently, Santiago introduced a dispatch tape recording of the incident where the officer was heard stating, "I don't know if that's a hand-to-hand or what ·the story is". Subsequently, Santiago sought and was denied suppression. The trial court reasoned that the totality of circumstances, "as interpreted by an experienced officer," estjlblished a reasonable suspicion to stop Santiago'S vehicle. The appellate court cited to numerous cases that involved interpretations of the law regarding whether an officer has the reasonable suspicion needed to justify an investigatory stop. Following the analysis of those cases and Santiago's, it was concluded that there was not a reasonable suspicion to justify a stop in Santiago's case. While the officer believed that he was acting on "more than a hunch" in .making the stop, the blinking of car lights and followed by an apparent exchange of something, otherwise .completely innocent acts, are not, alone, sufficient to support a reasonable and founded suspicion that a crime had occurred. Therefore, it was concluded that the trial court erred in denying Santiago's motion to suppress. Thus, Santiago's conviction was reversed and the case remanded for further proc~edings. Wilson v. Stale, 3\ Fla.L.Weekly 02957 (Fla. 2d DCA 11129/06) Anthony J. Wilson petitioned the Second District Court of Appeal for certiorari· review' of a circuit court's order denying his habeas cOrPus petition that contested the revocation of his conditional release by the Florida Parole Commission (Commission). IS Florida Prison Legal Perspectives A circuit court, sitting in an appellate capacity, is required to review the record considered by the Commission prior to entering a final order. In Wilson's case however, the Commission failed to provide the complete record for the circuit court to review, as it is required to do. See: . Welsch v. State, 823 So.2d 310, 311-12 (Fla. 2d DCA 2002) and Williams v. Flo. Parole Commission, 625 So.2d 926, 940 (Fla. I It DCA 1993). The circuit court had relied only on the Commission's revocation order in denying Wilson's habeas petition. Therefore, it was opined that in denying the petition without full and accurate infonnation, the circuit court violated Wilson's procedural due process rights, and thus departed from the essential requirements oflaw. Accordingly, Wilson's petition for certiorari was granted, quashing the circuit court's order. It was further instructed that on remand, the circuit· .court was to reconsider Wilson's petition with the required Commission's response, which should contain all records from Wilson's file and was considered when the Commission revoked the conditional release. Zink v. State, 31 Fla.L.Weekly 02972 (Fla. 4th DCA 11/29/06) Joseph J. Zink appealed the denial of his rule 3.800(a) motion filed in a lower court. In the motion he had claimed that his 1990 written habitual offender sentence to concurrent forty-year prison terms for kidnapping and robbery did not comport with the sentencing court's oral pronouncement. In Zink's case it was found that although the lower court failed to expressly state that the sentences were habitual offender sentenc;es, the records did reveal that the lower court found Zink to be a habitual offender. In its analysis, the appellate court cited to a prior case that was similar, Scanes v. State, 876 So.2d 1238 (Fla. 4th DCA 2004), 16 which was on appeal from an order denying a rule 3.800(a) motion. As in Zink's case, the trial court in Scanes made oral findings that the defendant qualified as a habitual offender and imposed enhanced sentences, but did not say the sentences were imposed "as" habitual felony offender sentences. The records of Scanes' case in the lower court revealed that the sentencing court intended to, and did, contemporaneously sentence the defendant as a habitual offender. "Magic words are not necessary to establish what the court intended." Id. at 1239-40. Consequently, the same conclusion was made in regard to Zink's case. It was further noted that under the circumstances. Zink had failed to even allege what would amount to a variance between the oral pronouncement and that of the written one. Accordingly, Zink's habitual felony offender sentence was affirmed. Davis v. Stale, 31 Fla.L.Weekly 03165 (Fla. 151 DCA 12/18/06) Keith Davis presented the appellate court with an issue that involved whether a search and seizure that was preformed on him was legal. The background of this case involved Davis as a passenger of a vehicle that was stopped by law enforcement. After the officer received consent' from the driver to search the vehicle, he went to the passenger side and asked Davis to exit the vehicle. As soon as Davis opened the car door, the officer told Davis to place his hands on the top of the car. While in that position, the officer inquired whether he had anything illegal on his person, and Davis responded that he did not. The officer then asked and received consent from Davis to search his person. The search of Davis revealed a bag that contained a quarter pound of marijuana. Subsequently, Davis was arrested. At trial. it was undisputed that, until Davis had been frisked, the officer had no reason to believe that Davis had committed any crime. or that he was armed. Consequently. Davis sought and was denied suppression of the marijuana found, and the appeal followed. A very lengthy review and analysis of several cases involving similarity to Davis', and it was concluded that Davis' consent immediately after being asked to get out of the car and place his hands on the roof of the car was no more than submission to authority. Therefore, the consent was involuntarily given and Davis was illegally seized for Fourth Amendment purposes. Thus, it was opined that the marijuana found should have suppressed, and that it was error for the trial court to have denied Davis' motion. It was found' that the trial court's ruling on the motion to suppress was dispositive, as such, Davis' conviction was reversed and the case was remanded with directions that the trial court enters an order discharging Davis. Anderson v. Slale, 31 Fla.L.Weekly 03032 (Fla. 2d DCA 12/6/06) Philip Anderson appealed an order that revoked his community control for not completing a drug program he was ordered to complete, but was not ordered to complete it' within a specified time limit, where sufficient time remained within his community control period to do so. The appellate court stated that it has consistently held that. if sufficient time in a probationary period remains for a probationer to complete a drug treatment program, a trial court may not revoke probation for failure to complete the program when the conditions of probation or community control did not specify that the program be completed within a certain time frame or within a certain number ofattempts. The State had further contended that Anderson had also violated a condition that he was to Florida Prison Legal Perspectives "comply with all rules and . Shelton v. State, 31 Fla.L.Weekly D3066 (Fla. 4th DCA 1216/06) regulations of the program Clifford Shelton appealed a and...participate" in 'the assigned activities. However, the appellate . trial court's order that denied his rule 3.800(a) motion where he claimed he court found that no such condition was entitled to credit for time served was ever imposed by the sentencing in jail prior to sentencing and after court. sentencing but before transport to Accordingly, Anderson's prison. revocation was reversed and the case One who is sentenced to remanded for further proceedings. prison is not entitled to seek jail • credit in the trial court for postBaptiste v. Guffanti (a Public sentencing time served. Such issue Defender), 31 Fla.L.Weekly D3055 (Fla. 3rd DCA 12/6/06) . is properly raised with the Rillio Baptiste sought a See: Department of Corrections. rehearing in the appellate court . Schuellier v. State, 931 So.2d 1044 (Fla.4lh DCA 2006); Milne v. State, regarding its denial of a mandamus 807 So.2d 725 (Fla. 4lh DCA 2002). petition he filed seeking to compel a However, the appellate court specially appointed public defender .did find that the trial court did err (SAPD), who had filed an Anders insofar as summarily denying the· brief and motion to withdraw in portion of Shelton's motion where he Baptiste's direct appeal, to provide claimed entitlement to prehim with a copy of the record on sentencing jail time served. appeal without charge. (See original Accordingly, the appellate appellate opinion denying Baptiste's court reversed and remanded for the petition at 29 Fla.L.Weekly D5886 trial court to consider SheJton's (Fla. 3d OCA 3110/04». claim for jail credit on time served On consideration of prior to sentencing and affirmed the Baptiste's motion for a rehearing, the denial of post-sentencingjail credit. appellate court withdrew its original opinion and substituted the following Epps v. State, 31 Fla.L.Weekly opinion: "As a result ofthis case, the 02873 (Fla. 4th DCA 11115/06) court has revised its standard order Felton Epps sought certiorari for Anders proceedings. The revised review of a. trial court's order order now specifies that in Anders prohibiting him from filing further proceedings, the attorney who has pro se motions. He complained that moved to withdraw must supply the the trial court entered the order defendant with a copy of the without giving him notice and complete record on appeal in without issuing an order for him to addition to the Anders brief." It was show cause why he shPuld not be also noted that "record on appeal" includes transcripts and that the prohibited from appearing pro se. It has been held by the SAPO is entitled to reimbursement Florida Supreme Court that before for the expenses of copying and prohibiting further pro se filings, the mailing the record on appeal at no court must give a pro se litigant charge to the defendant, as these notice and an opportunity to show expenses are incurred in the course cause why sanctions should not be ofthe appointed repres~ntation. Therefore, Baptiste's petition imposed. See: Stale v. Spencer, 751 So.2d 47 (Fla. 1999). was granted, but formal issuance of The appellate court refused the writ was withheld, being the to aCcept the State's contentions that appellate court was "certain that the Epps had adequate notice by the SAPO will comply with this order and opportunity to respond by opinion." way of a motion for rehearing. It was opined that a motion for rehearing is not a sufficient, meaningful opportunity to be heard. To be fair or meaningful, the opportunity to be heard must be provided "before rights are decided." See: Peoples Bank of Indian River County v. State Dept. of Banking & Finance, ·395 So.2d 521, 524 (Fla. 1981). Therefore, Epps' petition was granted, the trial court's order was quashed, and the case was remanded for further proceedings. Yarusso v. State, 31 Fla.L.Weekly D2900 (Fla. 2dDCA 11117/06) Corey Yarusso appealed his conviction and sentence for resisting or obstructing an officer with violence. He contended thafthe trial court should have granted his motion for judgment of acquittal because the State failed to prove all of the elements ofthe offense. The background of this case began when Yarusso was observed by two plain clothed officers driving, around in a well lit dealership's car lot that was closed around 10:45 p.m. one night. Yarusso finally stopped his truck, got out, and proceeded to walk down a row of cars. The two officers then approached Yarusso and one of them asked him if he was '~ust shopping" and Yarusso responded that he was. Yarusso was then asked if he had any identification, whereupon Yarusso inquired whether they were "cops or something." Yarusso was answered in the affirmative and was shown law enforcement badges by both officers. Yarusso then replied that his identification was in his truck and he proceeded in that direction with the officers following. Upon reaching where the truck was parked, one officer went to the rear to view the tag number while the other officer stayed near .yarusso. Yarusso opened the driver's door and, after fumbling around by the front seat, he jumped in the driver's seat, locked the door, started the ignition, and began backing up. The officer that had been near him yelled for Yarusso 17 Florida Prison Legal Perspectives to "Stop. Don't do that. Stop." However, Yarusso put the truck in drive and sped off. While taking off, the truck's rearview mirror struck the hand 'of the yelling officer. Following a high-speed chase, Yarusso was arrested. On appeal, Yarusso contended, an~ the State did not dispute that the interaction between him and the officers was a consensual encounter rather than an investigative detention. Indeed, one of the officer's testimony was that y arusso's action of being at a closed de~lership was, not necessarily unusual because "they have found other people even at 2;00 a.m. shopping for cars so ther don't get bothered bya sales person." As such, the appellate court opined then that the qu~stion, was whether Yarusso's actions· can support a conviction for resisting or obstructing an officer with violence. , It was opined that to prove such offense, the State must show that the defendant: (1) knowingly (2) resisted, obstructed, or opposed a law enforcement officer (3) who was in the lawful execution of any legal duty (4) by offering or' doing violence to his person. See: Section 843.01, Fla. Statues (2004); and Siale v. Henriquez" 485 So.2d 414, 415, (Fla. 1986). Of those requirements, what was disputed in Yarusso's case was whether the officers were "engaged in the lawfulexecution 'of a legal duty" when the violent act occurred and whether Yarusso's act of driving away constituted "resisting." It was opined that the hallmark of a consensual encounter is . a citizen's right- to either voluntarily comply with the officers' requests or terminate the encounter at any time. See; Terry v. Ohiq, 392 U.S. 1,31-33 (1968); and Popple v. Siale, 626 So.2d 185, 186 (Fla. 1993). Accord~l\gly, when a citizen either verbally ends a consensual encounter or takes some action 'that unequivocally demonstrates an intent to end the encounter, the consensual 18 ' encounter ceases. Any effort by the officers to c~ntinue to detain the citizen after that point falls outside ~he lawful ~xecution of the officers' legal duties absent some founded suspicion that the citizen has committed, is committing, or is about to commit a crime. See: Tillman v. Siale, 934 So.2d 1263, 1273 (Fla. 2006). In this case, when Yarusso got into his truck, locked the door, and started the ignition, he clearly and unequivocally expressed his intention to terminate the consensual . encounter. It was opined that at that .point, because the officers had no reasonable, articulable suspicion that Yarusso was involved in criminal activity, the officers' effort to continue' the encounter by telling Yarusso to stop was improper. Thus, when the alleged "act of violent resistance" occurred as Yarusso drove away, the officers were no longer, engaged in the "lawful execution of their legal duties" vis-avis Yarusso. As to the dispute of whether Yarusso resisted when he drove away, it was noted that when there is no basis for a temporary detention of the individual under Terry, a citizen's act of walking away from a police officer cannot, as a matter of law, ' constitute resisting or obstructing an officer. , Accordingly, and after a review of other case lllw regarding the issues, the' appellate court concluded that under the facts that were presented,. Yarusso's conduct was legally insufficient to support a conviction for resisting an officer with violence. Thus, Yarusso's conviction and sentence w~ reversed and the case remanded. Daly v. Siale, 31 Fla.L.Weekly 02645 (Fla. 2d DCA 10/25/06) Ronald James Daly appealed his resentencing, claiming he should .have had <;ounsel at the resentencing hearing. Daly's resentencing was the relief the lower court granted him from the filing of his motion for post-conviction relief. The relief was granted based on a judicial error in Daly's original sentence. Although Daly did not waive his right to counsel, in fact, he told the lower court that he wanted counsel but could not afford one, the lower court resentenced him without counsel. The appellate court opined that a criminal defendant has the right to counsel at a resentencing hearing when the original sentencing error was a judicial error rather than a clerical error. See; Nickerson v. Siale, 927 So.2d 114, 117 (Fla. 2d DCA 2006); see also Wells v. Siale, 789 So.2d 1092, 1093 (Fla. 2d DCA 2001) ("An indigent prisoner is entitled to the appointment of cQunsel at resentencing following a successful motion for postconviction relief.") , Therefore, Daly's. sentence was reversed and remanded for resentencing, with counsel. Carler v. Siale, 31 Fla.L.Weekly 02662 (Fla. 41h DCA 10/25/06) Kevin Carter presented the appellate court with the denial of his ruie 3.800(a) motion from the lower court. He claimed that the severity level enhancement for the use of a weapon or firearm should not have been applied to his sentence. Carter's offense occurred on November 22, 1996. Following two successful prior rule 3.800(a) motions, the first pursuant to Beggs v. Siale, 759 So.2d 620 (Fla. 2000), he was resentenced to 308 months. ' What Carter claimed in this case was that the 1994 scoresheet under which he was resentenced was miscalculated because the primary offense, a second degree felony murder with a firearm, should have been scored at level 9, with 91 points" but instead it was scored at level I0, with 116 points. The trial court had denied . Carter's motion based on a response by the State which admitted that second degree felony murder is a level 9 offense, bur agued that section 775.087{1),. Fla. Statues, (1994), provides that, when the lever Florida Prison Legal Perspectives of ~ offense is reclassified for use of a weapon or fireann, the sentencing level is increased. The appellate court pointed out, however, that the raising of the sentencing level of an offense pursuant to section 775.087(1) was added by Chapter 95-184, sec. 19, at 1708 Laws of Florida. Chapter 95184 is the same session law that was held 'to violate the single subject requirement in Heggs. Thus, the severity level enhancement should not have been applied to Carter's resentencing. See: Reid v. State, 799 So.2d 394, 400 (Fla. 4th DCA 2001) (which held that the one-level increases for use of a firearm are not applicable to a defendant who committed the charged offense within the window period· between October I, 1995 and May 24, 1997). After noting that the error was not harmless, the appellate court opined that .resentencing was required in Carter's case, even under the "could-have-been imposed" test which the Fourth District has applied to prior rule 3.800(a) motions, see Brooks v. State, 930 So.2d 835 (Fla. 4lb DCA 2006), which certified conflict with Wilson v. State, 913 So.2d 1277 (Fla. 2d DCA 2005). But compare State v. Anderson, 905 Sb.2d 111 (Fla. 2005) (where it was held that if the' scoresheet error is raised ei~r on direct appeal or by a rule 3.850 motion; the test is whether ,the error was harmless under the "would-have-been-imposed test). . Apparently the State tried to argue that Carter's motion was untimely because it was filed more than two-years after the most recent resentencing became final, because the appellate court opined that that argument was without merit. See: Higgins v. State, 890 So.2d 519, 51920 (Fla. 4th DCA 2005) ("Scorcsheet calculation errors may be corrected pursuant to rule 3.800(a) 'at al1Y time.'''). 'Accordingly, Carter's sentence was reversed an the case was . remanded for further proceedings. • TYPING SERVICE Computer - Typewriter ALL KINDS OF TYPING Including uut not limited to: Legal Briefs. Newsletters, Articles, Books, Manuscripts, Text Documents, Database, Charts, . Forms, Ayer~, Envelops, ETC, Black I Color Printing & Copying ~Plleial 'Ralillil for prililOnllr$ FOR A FREE PRICE LIST AND MORE INFORMATION CONTACT: LET MY ~1.NGERS DO YO CJ ~,.To,YP1. NG . Sandra ~.Thomas . POBox4178 Winter Park, FL 32793-4178 Advertise in FPLP Reach new clients or customers through advertising in Florida Prison Legal Perspectives. To obtain advertising and .rate information write or email us at: FPLP Attn: Advertising 15232 E. Colonial Dr. Orlando, FL 32826-5134 Or fplp@aol.com Phone: 407-579-5563 MEMBERSHIP RENEWAL • Please check the mailing label on this issue of FPLP to determine when you need to renew so you don't miss an issue. On the top line of the mailing label will be- a date, such as *-Nov 07*-. That Indicates the month and year that your FPLAO membership dues are paid up to. Please renew your membership by completing the above form and mailing It and the appropriate dues amount to the address given a month or two before the date on the mailing label so that the membership rolls and mailing list can be updated within .plenty of time. Thanksl 19 Florida Prison Legal Perspectives Resource List February 2007 FWRIDA Government Governor (Charlie Christ) PL-05, The Capitol Tallahassee, FL 32399-0001 850/488-4441 www.myflorida.com Attorney Ge~eral PL-o I, The Capitol Tallahassee, FL 32399-1050 850/487-1963 www.oag.state.fl.us De~entofCp~tions Secretary Jim McDonough 2601 Blair Stone Rd. Tallahassee, FL 32399-2500 850/ 488-7480 www.dc.state.flus Department of Health 2585 Merchants Row Blvd. TaJlahassee, FL 32399 850/245-4321 www.dob.state.fl.us Department of Law Enforcement (FDLE) POBox 1489 Tallahassee, FL 32302-1489 850/410-7000 www.fdle.state.fl.us Department ofState PL-02, The Capitol Tallahassee, FL 32399-0250 850/245-6500 www.dos.state.fl.us Website contains all state agencies' rules (Florida Administrative Code) and "Florida Administrative Weekly" detailing current agency rulemaking info. Office of Executive Clemency (Parole Commission) 260 I Blair StoDe Rd. Bldg. C: Room 229 Tallahassee, FL 32399-2450 850/488-2952 20 Office of Vital Statistics PO Box 210 Jacksonville, FL 32231-0042 - 904 /359-6900 Maintains state birth/death certificates, etc. Parole Commission 2601 Blair Stone Rd., Bldg. C Tall~aSsee, FL ·32399-2450 850/922-0000 www.fuc.state.fl.us Public Service Commission 2540 Shumard Oak Blvd. Tallahassee, FL 32399-0850 850/413-6055 www.floridapsc.com Regulates in-state utilities, including telephone services. Florida House of Representatives 402 S. Monroe Street Tallahassee, FL 32399·1300 850/488-1157 (Clerk) www.myfloridahouse.gov Florida Senate 404 S. Monroe Street Tallahassee; FL 32399-1100 850/487-5270 (Secretary) www.flsenate.gov Website contain contact iiifo for all state legislators; a copy ofall current Florida laws (statutes): and bills that have been introduced in the Legislature and their history, including in many instances "staff analyses" valuable for understanding legislative intent. FWRlDA Legal Aid / Advocacy Organizations Florida Prisoners' Legal Aid Org., Inc. PO Box 660-387 Chuluota, FL 32766 www.floridaprisons.net fplp@aol.com advocacy to state prisoners and their families and advocates. Conducts grassroots organizing of prisoners' families and handles impact litigation concerning civil rights / administrative law affecting prisoners, their families and children. Publishes bi-monthly news journal. "Florida Prison Legal Perspectives. .. Florida Justice Institute 2870 First Union Financial Ctr. 200 S. Biscayne Blvd. Miami, FL 33131-2310 305/358-2081 Fax: 305/358-0910 www.FloridaLawHelp.com Services: Handles civil rights litigation concerning jail / prison conditions. ·Makes refe"als for damage / civil-rights cases. Prison advocacy, lobbying, develops strategies for alternatives to incarceration. florida Institutional Legal Ser., Inc. 1II00C NW glb Street Gainesville, FL 3260I 3521955-2260 F"ax: 352/955-2189 www.criminaljusticeforum.comlPrison_I ssues_FilesIFILS . · Services: Legal assistance to Florida state prisoners. Post conviction assistance to three prisons only: FSP, VCI and FCI Impact litigation: · conditions of confinement, civil rights, medical, etc. Some individual services. Families & Friends for Committed Victims, Inc. P.O. Box 1426 Pinellas Park, FL 33780-1426 127/545-9268 or 727/424 -249 www,abettersolution,org FFCV200 I@aol.com Organize.sfamily memb€!rs andfriends of inmates civilly committed or detained under Florida's Jimmy Rice Act. Worlcs to improve conditions at the Arcadia .Services: organization. Membership-based Provides information. / Civil Detention Center. Publishes Florida Prison Legal Penpeetives newslelter. Needs members and. donalions. Contactfor more info. FLORIDA BooksIPublleationslJournals I&m!l FLORIDA Attorneys Loren Rhoton. Attorney Rhoton & Hayman, P.A. 412 E. Madison St, Ste. 1111 Tampa. FL 33602 813/226-3138 E-mail: rhotonI67@aol.com Specializes in Florida post conviction, direct appeals. sentence co"ections. new trials. federal habeas corpus. 3.850. 3.800 David W. Collins, Attorney PO Box 541 Monticello, FL 32345 8501"997-8111 Specializes in all area ofpost conviction relief, including. appeals. 3.850. 3.800 state-federal habeas corpus. parole . hearings, clemency, elc. Daniel D. Mazar, Attorney 2153 Lee Road Winter Park, FL 32789 1-888-645:5352 (ToJl free) 407/645-5352 407/645-3224 (Fax) Provides representation in Direct Appeals. Belated Appeals, 3.850 motions, 3.800 motions, State and Fed Habeas Corpus, Delainen, and other Post Conviction mailers. Over 30 yrs. expo in criminal law. Michael Ufferman, Attorney 660 E. Jefferson St Tallahassee, FL 3230I 8501386-2345 lIIWW.ufferrnanlaw·com Provides representation in State and Federal Criminal Post Conviction Motions. Payment plans available. -The hiring of an attorney is an .important decision that should· not be based solely upon advertisements. Before you decide, ask the aIIorney to send you free written i"'onnation about their qualtjications. Continuing Legal Education Publications (CLE) CLE publications are produced by the Florida Bar in collaboration with LexisNexis. These are excellent books covering Florida-spectjic legal topics, such as Administrative Law. Appellate Practice. Family Law. Legal Research Legal Writing, Trial Practice, Civil Law. Rules ofCourt. etc. To obtain more i",o and prices for available publications in the CLE series contact: LexisNexls, Attn: Order Fulfillment, 1275 Broadway. Albany. NY 12204 (ph# 800/ 562-1197). Ask for Flo. Bar CLE Publication catalog. "Post Conviction Relief for the Florida Prisoner" A collection in book form of Tampa attorney Loren Rhoten's Postconviction Corner articles based on professional experience, to relevant rules of procedure. Price $20. To order send money order. cashier's or inmate bank check to Loren Rhoten, Attorney (address listed in "FLORIDA Attorneys" section above) or order online at www.rhotonpostconviction.com . "2001 Manual" Aleph Institute 9540 Collins Ave. Surfside,·FL 33154 305/ 864-5553 www,aleoh-institpfe,om admin@alqlb-institute.org Services: Provides Jewish religious education, counseling, emergency aSsistance and referrals to Jewish prisoners and theirfamilies. Time for Freedom Pastor Bernie DeCastro PO Box 819 Ocala, FL 34470 · 3521351-1280 Email: tff@gate.net Services: Provides parent education; self-help support; ;"'0; referrals; mentoring; religious ministry; adl10cacy for male prisoners. ex-prisoners and theirfamilies. Kairos Outside 140 N. Orange Ave., #180 Wmter Park, FL 32789 407/629-4948 ' www,kiarosprisonministrv.org kajmsjo@aoI.cqm Services: Provides mentoring, religious . ministry. family reuntjication support and weelcend retreats for female adults with Incarcerated loved ones. Government-in-the-Sunshine Manual covering Florida Sunshine Laws (open public meetings and records laws) published by The First Amendment Foundation. Price $15.95 check or mOM)! order to: Fint Amendment Foundation, 336 E. College Ave., Ste 101. Tallahassee. FL 32~01. Credit card orders call 850/224-4555 or order online at www.floridafaf.org . Add 7.5% state sales tta to $15.95 payment. FLORIDA Other Groups I Organizations Citizens United for Alternatives to the DeathPena!ty 177 N. US Hwy I, Ste. B-297 Tequesta, FL 33469 Prison Connection, Inc. 1859 Polo Lake Dr. East · Wellington, FL 33414 888/218-8464 www,theprisonconnectioD.CQm seeacon@ao1.com · Services.' Provides bus transportation and meals to prison vlslton. Auo provides giftsforprisoners' children. NATIONAL Newsletters/Journals California Prison Focus 2940 1(/J Street, Ste. B5 San Francisco, CA 94103 www.prisons.org Services: Grassroots organizing of . . people opposed to death penalty, Quarterly new3 Journal rep0rt8 011 Wueslconditions in. CA SHU prisons. 21 Florida Prison Legal Penpectives Some national i,go. PrLroners $4 yr., all othen $20; Sample copy $1. pet' Prison Book Projea P.O. Box 1146 Sharpes. FL 32959 . Subterran~ Donations/stamps appreciated to help with publishing/mailing. FAMMGram 1612 K. St., NW, Ste. 1400 Washington, DC 20006 www.famm·org Prison Books Monthly journal carries summaries and analysts bfrecent prisoner righls cases, seJfhelp litigation articles, prisonrelated news. Prisoners $18 per year, $25 others. Sample copy $1. Nolo News 50 Parker St. Berkeley, CA 94710 Wayward Council Books Gainesvlll~ Books for Prisoners P.O. Box 12164 Gainesville, FL 32604 Quartei-Iy news journal focused on fight against mandatory minimum prison sentences. Published by Families Against Mandatory Minimums - .a National organization. Prisoners $10 individuals $25, professionals $50. Membership-based organization. Books 4 Prisoners c/o Groundwork's Books 0323 Student Center La Jolla, Ca. 92037 Fortune News 53 W. 23 n1 St., 81b Floor New York, NY 10010. www.fortunesociety.org Grant Publications Alice S. Grant P.O. Box 28812 Greenfield, WI 53228-0812 Book 'em P.O. Box 71357 PittSburg, PA 15213 Quarterly magazine of the Fortune society CQ17')1ing ~~de variety of articles and info abouf" prisons, prisoners, criminaljustice. re1uJbililation, etc. Free to prisoners. ,.:.;- Sun'Subscriptions 91 S Oesmore Dr. Winter Park, FL 32972 9 E. Gregory Pensacola, FL 32501 MEP Quarterly seJfhelp newsletter covers· (non-prison) civi/litigation issues. Thoyear subscription $12. . DISCOUNT ~AGAZINE SERVICE P.O. Box 5311 ' Madison, WI 53705 DC Prisoners Book Project P.O. Box 5206 Hyattsville. MO 20782 Hepatitis C Awareness News PO Box 41803 Eugene, OR 97404 Bound Together Bookstore Prison LiteTature Project 1369 Haight St. San Francisco, CA 941 17 BI-monthly 'newsleuer published by hepatitis C Prison Coal/tion wit~ news and Info about Hep C and HlY/HCV. Fr.ee upon request; but stamp donQlions needed and welcomed. ~ Upendra Dasa P.O. Box 91 16 Boise, 1083707·9116 Free materialS Consciousness on KrLrhna Liberation Prison Project P.O. Box 31527 San Francisco, CA 94131 Offen Buddist Materials Human Kindness Foundation P.O. Box 61619 Durham, NC27715 Free Interfaith spirilual books and newsletter. Coalition for PrisonerS Rights Newsletter POBox 1911 . Santa Fe, NM 87504-1911 ' Justice Denied Magazine PO Box 68911 . Coquille, OR 98168 Magazine dedicated to exposing wrongfUl conviction cases. Prlsonen $10 per 6 issues, $20for others Justice Matters PO Box 40085 Portland, OR 97,240-0085 . . Quarterly newsleuer published by the Western Prison' Project. Prisoners $7 pet' year, $15 all others. Good resource info.. NATIONAL Book ProjectS The fo\lowing sources provide free books to prisoners. However, these projects rely on volunteers and donations to operate. Whenever possible, prisoners should help these projects when requesting free books by sending a few stamps for postage. Requests for specific books can mly be honored, instead, request books by type, e.g. mystery, legal,. historical, novel, etc. Requests are usually limited to 2 or 3 books at a time.. Books Through Bars 4722 Baltimore Ave. Philadelphia, PA 19143-3503 Prison Book Program clo Lucy Parsons Ctr. & Bookstore 1306 Hancock St., 8te 100 Quincy, MA 02169 Prison Legal News 2400 NW 80111 St. #148 Seattle, WA 98117 Prison Book Project Web site: www.prisonlegalnews.org PO Box 396 Amherst, MA 01004·0396 Florida Prison Legal Perspectives NATIONAL Resoun:e Lists AL, A~ "ACLU Prisoner Assistance Directory" (Florldtz prisoners see Yolume " of "Pruoners and the L/rw" in major llutitldion.f' law Ilbrary- contailu above dlrectOl'y.) "bsource Directory for Prisoners" Naijor Prison Dharma Service PO Box 7417 Boulder. CO 80304 www.Da1jOI.com (D1rectmy can be printed off website for free.) "NatloDBI Prisoner Resource List" avalJablefreefrom: Prison Book Program 1306 Hancock St, Ste 100 Quincy. MA 02169 CA. co. Flo GA, llo U. OK. OR. MI, MS, NC. NY, TX WI or rrallonwide. Specify state with request. ' "Resource and Organizing Guide" avallablefrom: ',' Prison Activist Resource Center P080x339 ' Berkeley. CA 94701 (Donation/stamps requested to help oJliet printing/mailing costs.) "DirectorY ofPrograms Serving Families ofAdult Offenders" available free from: NatioDaJ Institute ofConectionS Information Center 1860 Industrial Circle, Ste. A Longmont, CO ao50 1 NATIONAL GroupsIOrganlzations The Sentencing Project 918 F. St., NW. Ste. 501 Washington, DC 20004 2021628-0871 Services: Provides technical assutance . to develop altemOtive sentencing programs and conducts research on criminal Justice issues. No direct 1e1vlces to pruonen. 'StopPrisonCI Rape 3325 WiiShirO Blvd.. Ste. 340 Lcls Angeles, CA 90010 !'n·S·om Center for Constitutional Rights 666 Broadway New York, NY 1~12 www.jailhouselaw.org Amnesty International, USA 322 Eighth Ave. New York, NY 10001 www·amnelllY.org CCR is one of the organizations thpJ cooperates to produce the "Jal/lwt.l&e Lawyer's Manual. .. Copies of the manual are provided to prisoners at no charge. The JLM can also ,be downloaded and printed from the above website at no cost. AI is" 'an Independent. International . organization that worb to protect hwrtan righa. CURE (Citizens United Rehabilitation ofErrants) National capitol Station PO Box 3210 Washin~n,DC 20013 2021789-2126 ww'w.curenational.om ,:' " , Services: Professional typing services bjI' maiL" " Cowipuler. typewriter, transcription, . black/color ""wing tind ,photocopying. Free price list upon request. Special rates for prisoners. SPR workt to end sexual violSlWB against prisoners. COU1Ueling resource guides for pruoners and released rape victims and advocates are available for: for Grant Publications Alice S. Grant P.O. Box 28812 Greenfield, WI 53228-0812 ~l.l-.' ';'. . Services: Organf:i~Prlsoners and their families to work. for criminal justice refonn. Many state chopten. Diseotml magazine subscription service for prisoners. Send SASEfor price list. Sun Subscriptions 915 Densmore Dr. Winter Park, FL 32792 Vietnam Veterans ofAmerica 860S Cameron St.. Ste 400 Silver Spring. MD 20910 www·vva.om Ducount magazine subscription service. Wrltefor p,rice lut. Publishes "FromFelon to Freedom" a pre-release guide for imprisoned velerans. Write for more info. Salvation Army P.O. Box 269 Alexandria, VA 22313 Has . ' [When contacting the above dlseotml magazine services, please lei them know that )IOU learned about them In Florida Prison Legal Perspectives.] INTERNET RESOURCES f parole/probation programs In alm~t every major CIty. Wrltefor Info. Correct HELP P.O. Box 46267 West Hollywood, CA 90046 HIV Hotline 323/822-3838 Infonnation on the Internet is available to prisoners with fiunily or friends on the outside with online access who will print and mail materi81 in. The amount of info on the 'Net' is tremendous. Info on almost any subject can be found online. The following lists some websites that may be useful for info. Provides info related 10 HIY. Contact if you can't access programs or are not receiving proper medications. LegallLeg1slative General NATIONAL Services Let My Fingers Do Your Typing PO Box4178·FPLP Winter Park. FL 32793-4178 wwwJawgawletcom Searches government and other sites for law., Florida Prison Legal Penpeetives www.nolo.com Provides' some general legal info and sells boob on wide variety of legal topics useful to the public. www.f1courts.org . www.findlaw.com www.FCLA.edu Good site for searching out federal and state law. Florida Stale University law Ubi-ary website, Provides directory and links to Florida courts' websites. www.washlaw.edu www.law.miami.edullibnyy Legal search enginefor locating primary legal sources 'at the federal and state levels. University ofMiami law library website. www.law,ufl.edu www.prisonactivists.org Provides wide variety of prison-related info. Includes large "tink" section to many other related legal and nonlegal websites. ' University website. of Florida law library www,stetson.eduldepartmentsl1ibrarylla .~ Stetson University law library website. , www.martindale.com Posts the "GoVernment In the Sunshine Manual" (public meetings and public records manual). Federal www.flabar.orglnewflabarlmemberservic' . es/CLE . www.thomas.loc.gov Sells continuing Legal Education series oflegal books concerning Fla. law. Sourcefor federal legislative material. www.uscourts.gov Links and information about Supreme and otherfederal courts. Florida Supreme www.flcoultS.org· U.S. www.call.uscourts.gov Circuit County Clerks or Court: Alachua:www.clerkalachuafl,omtclerkli .ndex.html Baker. http;llbakercountyfl.omtcledc Bay: www.baycoclerk.com Bradford: www.bradfordclerk.com Brevard: www.clerk.co.brevard.Q.us Broward: www.browardclmc,grg Calhoun: www.calhounclerk.com .: Charlotte:wwW.co.charlotte.t1.usICjrkigfo lelrek default.htm Citrus: www.clerk.cjtrus.fl.us Clay: htt}!;I!clerlc.co,clay.fl.Us Collier. www.clerk.co!lier.f1.us Columbia: www.columbiac!erk.com Dade www.legal.fim,edu Provides info on lawyers nationwide, including contact info, area 'of practice, how long, etc. Eleventh website. 17111 Circuit: www.17th.flcourts.gm . 18th Circuit: www.judI8.f)courts,org 19lb Circuit: www,circuitl9.om 20dl Circuit: www.ca.eiis20.org Court District Courts or Appeal: First DCA: www.ldca.org Second DCA: www,2dca.grg Third DCA: www,3dca.flcourts.org Fourth DCA: www.4dca,org Fifth DCA: www.Sdca.org of Appeal www.f1nd.uscourts.gov U.S. District Court. Northern District of Florida website. www.flmd.uscourts.gov U.S. ,pistrict Court, Middle District of Florida website. www.flsd.uscourts.goy U.S. District Court. Southern District of Florida website.' www.myflorida.com Links to state agency and government offices' websites. Www.flsenate.gov www.myfloridahouse,gov Florida Legislature's websites. Provides directory of stale legislalors; complete Florida statutes (laws); Senate and HaUse bill!~. bill histories and analyses. Court: ~ CircuIt Courts: lit Circuit: www.firstjudjcjalcircuilorg 2nd Circuit: www.2ndcircpjt.!eon.fl.us 3nl Circuit: www,judJ.flcourts.org 4thCircuit:www.coj.netJDepartmentsIFou rth+Judicial+Circuit+Courtldefaulthtm SIhCircuit ' hfffiudS.flcourts.org/courtslindex.htm 6 Circuit: www.jud6.org . 7lh Circuit: www.cjrcpit7.grg 8th Circuit www.circuitltorg 9lb Circuit: www.ninja9.org 10lb Circuit: www.judIO.org 11 th Circuit: http://iudll.flcourts.org 12th Circuit: httpjIll2circujLstate.fl.us )3111 Circuit: http://iudI3,flcourts.grg . 14lb Circuit: for infonnation cal! 8S0747-5327 . lS1llCircuit:www.co.palmbeacb.f).uslcad min l6ii Circuit: www,jtldI6,OeotJrtitorg :www.miamidadeclerk.comldadecoc Desoto: www.desotoclerk.c9m Dixie: www.dixieclerk.com Duval: www.duval.fl.us.landata.com Escambia: www.clerk.co.eSCllJDbia.tl.ua Flagler. www.mYflaglercounty.com Franklin: WW\'I.frankUnclerk,coni Gadsden: www.clerk.co.gadsden.tl.ua Gilchrist: www.gilchristelerk.cgm Glades: www.gladesclerk.com . Gulf. www;gulfclerk,com Hamilton: www.myhamiltoncgupty,om Hardee: www.hardeeclerk.com Hendry: www.hendlyclerk.om Hernando: www.clerk.Co.hemando.f1.us Highlands:www.clerk.co.hjghlanda.tl.usl index neW.html . Hillsborough: www,hisclerfc.cgm Holmes: www.holmesClerlc.com Indian River: www.clerk.indjanriyer.om Jackson: www.jacksonclerk.com Jefferson: www.jeffersonclerk,cgm Lafayette: www;)afavetteclqk,com Lake: www.clerk.lake.fl.us Lee: www.leeclerk,om Leon: www.clerlC.leon.fl.us Levy: www.leyyclerk,cgm . Liberty: www.libe.rtvclerk.com Madison: www.madisonclerk.com Manat~: www.manateeelerk,CQpt Marion: www.marionCQuntyclerk,Qrg Martin:httpj/lclerkweb,martin,fl,uslClqk Web Monroe: www.monroe.fl.us.landala.com Nassau:www.nassauclerlc.comlclerklc1er k main.htm Okaloosa: www.clerkofcourts.cc Okeechobee:www,clerk.co.okeechobee,f l.J!! . Orange: http://orangeclerlc.onetggv.net Osceola: www.osceolaclerk.com " Florida Priso~ Leg.1 Penpectives PaIm Beach: www.pbcountyclerk.com Pasco: www.pascoclerk.com· Pinellas: www.pinel1asclerk.org Polk: www.polkcountyclerk.net Putnam: www.putnam-fl.comlclk . St. Johns: www.co.st-johns.fl.uslConstOfficmlClerk-of-Courtlindex,htm 81. Lucie: www.slcclerkofcourt.com Santa Rosa: www.santarosaclerk.com Sarasota: www.sarasotaclerk.com Seminole: www.seminoleclerk,org 8umter:bttp:llhome·earthlink,net/%7Esu mten;cq . Suwannee: www,suwclerk,org Taylor: www.bwlorc1erk.com Union: www.unionclerk.com , Volusia: www.clerk.orglindex.html Wakulla: www.wakullaclerk.com Walton: www.co.walton.f1.uslclerk Wasbington: www,washingtonclerk.cqm FPLP intends to update this list on a continuing basis as a service to readers. Please let us knOw. if you are aware of, other resources ,that prisoners, their fiunilies or advocates maybe interested in at the below address or by email: FPLP Attn: Resource List Advertise in FPLP AJ)VEHTISING NOTICE Oul Reach new clients ,or customerS through advertisirig in Florida Prison Legal PersP9.cfives. "To obtain advertising and rate information write or email us at: ... FPLP Attn: Advertising '15232 E. Colonial Dr, . Orlando, FL 32826-5134 Or: fplp@aol.com of rOnrLTIl for our the FI'LI' staff tr'il:S to ensun: that thl: ad\'l~I,tiscrs in 1"1'1.1' are rCfllltahk and qnalified to provide tIll: Sl:rvires heing ofh:n:d. UmYCVCI', "T Clllnot IIIl'ct l'Yer~' :\llvertiSl'r so II1clI1l.1l:rs/re:llh:I'S an' advisl,t1 \() always pcrsllually l:ont:lrt advertisers for fllrtlll:r illfonllatiull ahuut thl'ir qualificatiolls or sl'rvices b efo 1'(' lIIakill;': a dl'l:isioll to hire them or pIII'(:hasl~ a sen'icc or prOlluc\. You shuuhl 1Il'\'l:r selld kgal or other doculllelltS 10 all advertisel" Ill'fol'e cOlllartillg tlwlII a III I n'celvllIg din'rtiCills to sellll such material. n\l~mIH'rs, PO Box 660-387 Chuluota, FL )2766 fplp@aol.com • National Social Rehabilitation and Re-Entry Program is a new innovative program for inmates and ex-offenders. The· program provides training for ex-offenders and inmates ' seeking entry level employment with social seivices agencies, community groups, prison ministries and corporate volunteer programs. Job guidance and career referral Is prOVided. This program is a ministry f~nded and supported by the SJM Family Foundation. Please visit our website for more information. http:/twww.prisonerresources.coml Florida Prison Legal Perspectives Florida Department of Corrections Organization Chart General Counsel Rosa carson SECRETARY JamesR. McDonough - . I--- Inspector General Paul C. Dedl:er I Deputy Secretary of Chief ofStaff Corrections RIchard Prucfom -LauraE. Bedard. Ph.D. . Inmate Grievances Grants<vacant> -f- poncy Development . I- celeste Kemp - DavId PrIdGen DeputyAssistant Secretary -Programs- f-- IV· Marta Wlacorta HaUle Coombs I Director of Health Services HJeteenthIa 'TIna- Hayes f--- CurtJswpo Maureen Olson Robert Woody <vacant> AssIstant secretary of Community Corrections PatrfckH. Deputy Director of Health Services Admlnlstratfon Research & _Data AnalYsis Deputy Director of Administration Brown., M.D. RecruftmertV Training Community Relations I- M/JDeseay I Regional Director of Institutions '4' "·Ma~Redd Robby Q.lnnlngham Director of Department Initiatives DavId Ensley III· Gerald Abd~asJ DJrectorof GovernmentalAffaIrs Ralph K1essJg Franchatta Barber I· Wendel Whitehurst Director of Administration <vacant> I Deputy Assistant SeCretary .()peratfons- Director of Communications Deputy Director of Administration Assistant Secretary of Institutions GeorgeSapp • Chief Information OffIcer TrJsha Recfd . • I- - Deputy Director of Health Services Daniel P. Cheny, III <vacant> - Deputy Assistant secretary -OperationsJennyMmer Deputy Assistant - Secreta'1 -Prog~~ Pam Denn1aitc Regional Director of Community Corrections ,4J "-- ,.Tony Halper ". BarbaraSQlll 1/1. CJlIf Rowan IV· Beth AtchJson .. Florida Prison Legal Penpeetives .' i .1fI BUdg~t .DEPARTMENT OF CORRECTIONS BUDGET SUMMARY (FY200~6J .~. operating Funds Expenditures by Budget Entity: Department_Administra~on.....•...........•.. ~ ~ $ 58,510,056 $ 1,351,434,076 $ 340,867,844 Community. Corrections ~ ..................•..................•...........•...........•...........•...........•.... $ 251,003,879 Information Tech.nology ~............•.....................•.•...........•...........•............................ $ 18.555,594 ~ Security and Institutional Operations , ~ Health Services................•...................................;........•..••...:..........•..,....••...: l)!jo"\'~ . . Programs '.~ 1"ff:tfrI:'tt,.•.•••••••••••••••••••.•••••••••••••••••••••••••••• t •••••••••••••••••••••••••. ~otal Operating Fu~ds ~ : ;~:{~." : $ 44,166,212 ;.. $ 2,064.537,661 Fixed Capital Outlay Funds To P~ovide Additional Capacity ~ To Maintain Existing FacUities Total Fixed Capital Outlay Funds : ~ : $ 71,973,152 $ 2,992,208 $ 74,965,360' ,..•...........•...... ~ .....• $ 2,139,503,021 Total Local Funds Collection Activities: Cost of Supervision Fees......................•.......... t ••••• ~ $ 26,845,517 $ 57,940,199 $ 20,912,359 ~ •... $ 94,664,986 • • • • • • • • • • • • • • • • • • .-• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Restitution, Fines, and Court Costs Subsistence, Transportation, and other ~ourt~OrderedPayments ~ ;.: Inmate Banking A~vities: j Total Deposits Total Disbursements........•...•........................................•..............•................••........... ~ .••.•..•. $ . 94,257,347 June 30, 2006 Total Assets ...........................................•................. ~ .....•...........•....•..•.•.•...... $ 10,563,661 , . Other Activity: Revenue f~om Canteen Operations Inmate Telephone Commissions ,' : : ,~ $ 23.609,862 $ 15,272,896 Flor~da. Prison Legal Penpeetives Florida Department of Corrections Inmate Programs Inmate Workforce Development Programs Offered Statewide __.!acJlJty/ ## of Programs Apalachee CI - East (3) Av~~-p-;;kCt (6) .. - .. ------ Workforce Development Education Programs (I) Auto Collision Repair & Refinishing. (2) Cabinetmaking. (3) Welding Technology. I I~~ _.."--.-_ :~~fn~~~;hY~~~:~5)~~E~~~;;~~!;:::~~f&~ ~~~!tSf:~·~~cl:~~i~gy. .--.--.. - _- . ._. ----.- ----- --'--.------- - .-.._ -. ~··l·-·- CI (4) i (I) Cabinetmaking. (2) Electricity. (3) Masonry. (4) Plumbing Technology. .Baker . -.---.-----r=:-.....----....-----.- ....-.. .._ ... - BteYard CI (5) • (I) Autotronics/Automotive Service Technology. (2) Carpentry. (3) Electronics Technology. __ ._.._.J...<.4)~~!onry·lSl~~!ngTechno~~&!.: ..__.•_. __.....••_ _ . _ . _••. .__ .. Br~.~~~_ ~I· (3) _.__ .-l!.~~~~lDmercia!~rtTechnology, (2) Fashion Design & p~.~~.ction. (3) PC Support Se1'!lces. ~ . _... ~oun CI (I) . I 1 (I) Printing/Graphic ArtslWEB Design Services. -~:;~i;y~I(;~) .• --~ !~:~~=:~:~~~:i;;I~~:Z~~:~~g;(2j·C~bln~~making. (3) Plumbing Technolo~:---- ... -~~-'~'-'=- 'D~f()-A-;nex (3)-·-· -_.. - :. ~;~~~::t(:;~:~~~~:Z~i174!:~:;uter Progra~~lng & Te~nology. I. I H .. _+!!!-~_a.!o.nry. . ....__ .__-:-_ .._.-:-.._ ..... _. I1 (I) Computer Electronics Technology. (2) PC Support •.._· _ _•__ ··,_··_··,··,_·0-4_._ , ----.-..•. -,_.,.. Services. FrankJlnCI(I) Glades CI (2) .• -_._-_........ •. ------~_ .. . .. . _l!amUto~~i~ex(~L--.J9_~~puterEle~~~'.'.i~~!~h'!.ol~&!.~~l~~ ~~pportS~ices:-_.__ .•..._. Hardee CI (1) .. . . !(I) Carpentry. . - .- .. - ' - - - ' - " ' 1 - - ~!"1lndoCI • .!!L . ....__._--... ... ..-. - - ..-. - .. _ . ~-__._-----~ : (1) Cablne~maltlng. (2) Electricity, (3) MaSonry. HamUton CI (3) __ .. _. .__. ....- .."-' - - - . - - . -. - .. ~ (I) D~,:::..gl_ta_lD--,-~-=sn,--. _ . _ •• ... l._. • .• __ . + ._. _ •• r ••• _ . ...... __ • __ ._ _ _ .. ~ . _ Hillsborough CI • (2) : (I) Carpentry. (2) Commercial Foods & Culinary Arts. Holmes ci (3) , (I) Auto Collision Repair & Refinishing. (2) PC Support Services, (3) Welding Technology. . H~~est;~d CI· (3) _... :"(1) A~t~t;~i~.(2)-A~t~~~ii;eServlc~T~h~~I~8Y; (3) PC-S~p~-':;S~~i~~;'----' .._.-.--.i~db~'Ri;erCI (3-)-_. I (I) Envl;~~-;;talServi~(2)M;;~~;y,(3)PCS~;~rtS;~i~;'~--._--. --- .... - ..•.. • ••• _. __ • • Lake (~) '.~:~~=-~='. ~b.i~!~~a.~i~:(2) G~E~gin-; S;~~;T;~h~~i~g;; ~~i_;:~~~/~~i~~ T~~~e~t.Te~h.~~!o~les. Lancaster CI (6) ! (I) Autotronics/Automotive Service Technology, (2) Carpentry. (3) Commercial Foods & Culinary Arts. (4) Environmental Services. (5) Small Gas Engine Service. (6) Printing/Graphic Arts. . Lawt~Ci'(I)-'-'-'----- rCI) Drafti~gA~itecturai. . ..... _. _.... -. .... .... ... . . . Lil) ci . -f--'- .._ ... _. - (3) ... - . Lowell C~· .(31 ••. •• ; ~)~~.~~~~~. (2r~~fting ~~I!~ct~~.I.(~J. ~~.S~y.f~r.t.~.~r.':~~~: ... __._._ ... ._.. _ Lowell CI ~~!1~.~ _~~.. .. j (I) F~~I~n_~!si~n & ~rodu~~i?n. . _. ... . Lowell CI Forest Hills • (2)' . (I) ~~~!.~~~e Technology; (~) Sm.all Gas ~nglne ~rvlce. Marion CI (5) ~ (1) Cabinetmaking. (2) Drafting Mechanical. (3) Electricity. (4) PC Support Services. (5) WaterlWastewater _______ !_~r~a!.~!'.'.~!.e~~~!~~!!~.:._ __ __._.•.. _..... . .._ _. _ . Marlon.CI Wor~_~~~~!. .i .(1). E!iu.I~~. ~~e Tec~llol~gy. . . . .. .••.. New River CI - East (4) ~ (1) Consumer Electronic Repair. (2) PC Support Services. (3) Plumbing Technology. . _ _.._ .~. (4~.~r~~i~~Graphlc.A~~. . . _. ._.__. ~~w.~j!!~_~1• We'! (2)._._d.!.>_~mllll~_8!_~~JlneS~~!(~.~~I~i~.~ !~~~~~I~~!. ._. ._.... . Polk CI (4) . (I) Auto SerVice Technology, (2) Computer Electronics Technology. (3) Consumer Electronic Repair. (4) . ._. __ ..__.• ~!~~mbln~_T.!~.n~lo~._.. . ._ .. _ . ._ _ _ Sumter CI (4) . (I) Automotive Service Technology. (2) Draft1ng Architectural. (3) Electronics Technology• (4) Masonry._~ . .__ .. _._._ _. ............•..__.• _ ._._ . •....•... . T.~!!~_CI Annex (2) . I (ltMas~nry. (2) PCSup.~ort.~~rv~~~~ __ ...__ ._._._... _. __ .. _.__ .__.•• __ .._ . Tomoka CI (2) i (I) Diversified Career Technology/Blind Services. (2) Wheelchair Repair. ' 'Wabi';cI(I) • Denotes female facility ._.• _-! (I)E~~i~;;;;;;)s~~;;.-··---·· ._ ---.- '---"'-"-' . _ _. _ ; I .-I I II I I Florida.Prison Legal Perspectives ·, 1rI ., ,:.l.. . . Florida Department.of Corrections Inmate Population on June 30, 2006 Inmate Population on June 30, 2002 - 2006 100,000 90,000 88.576 84.901 81.974 80,000 70,000 60,000 50,000 40,000 30,000 20,000 10,000 o L.L.~2~0~02~...L-IL..L---=2"='0"='03=-.L-I--L.-==-=-~.l-.L--L.--=:::-=::--L-l..--L.."",,::,,:~-.l.....J I!I Male ~ Female Florida prison populationjumps 4,30/0 since last fiscal year Inmate population refersto the 88,576 inmates who were present in the Florida prison system on June 30, 2006. The following tables and charts will detail the characteristics of these inmates. Oth~r fiscal years are also featured to illustrate trends. • The number of inmates in prison rose 20.4% over the last 5 years from 73,553 in June 2002 to 88,576 in June 2006. There was a 4.3% increase since last fiscal year. • The majority of inmates in prison on June 30, 2006 are male (82,360 or 93.0%) and black (44,674 or 50.4%). However, the percentage of black inmates in prison is, decreasing (53.3% i.n June 2002 to 50.4% in June 2006). ' • The top five categories of primary offenses for which inmates are incarcerated are: drugs (20.2%), burglary (14.5%), murder/manslaughter (12.8%), violent personal offenses such as carjacking and aggravated assault (12.3%), and robbery (12.0%). • On June 30, 2006. 481 of every 100,000 Floridians were incarcerated compared to 440 in 2002. Inmates Incarcerated on June 30 (Per '00,000 Florida Population) 468 500 475 481 400 300 200 100 ol.--------------__ ---IIL...-_--IL.. 2002 2003 2004 2005 2006 ji Florida Prison Legal Perspectives ._ ~ : ~., . ...... '" . ...... . .. ~~." ~ .•...: ..~ Florida Department of Corrections Inmate Population on June 30,' 2006 Prior Commitments to the' Florida Department of Corrections (Inmate Population on June 30, 2006J 46.9% of inmates in prison on June 30, 2006· had been in Florida prison before Prior'commitment refers to any previous occasion that an inmate served time in the Flo~ida prison system. This does riot include supervision, such as probation. Nor does it include inmates who may have been in county jails in Florida, in other state systems or in the Federal prison system. • The percentage of inmates in prison on June 30 who had been in Florida prisons previously has decreased slightly over five years from 47.6% in 2002 to 46.9% in 2006. • The percentage of inmates in prison with a prior commitment (46.9%) is slightly less than last year (47.0%). • Of the 47,020 (53.1 %) inmates in prison on June 30,2006 who had no prior Florida prison commitments, 54.5% were white, 40:9% were black and 4.6% were other races. • Of all inmates, 20.4% had been in prison in Florida once before, 11.1% had been in twice before, and 15.4% had been in three or more times before; Percent of Inmate Population with Prior Commitments to Flprida's Prison System on June 30, 2002-2006 . 49.0% 48.6% 48.2gb 47.8% 47.6% 47.4Qb 47.2% 47.0% 46.6% 46.2% 45.8;b 45.4% 45.0% I..-J._.....I-_l--.....J._..J....-_l--...J.._..J....-.....J._.....l- 2002 2003 2004 2005 2006 Florida Prison Legal Perspectives Florida Prisoners' Legal Aid Organization Inc. BECOME A MEMBER"" I YES ! I wish to become a member ofFlorida Prisoners' Legal Aid Organiution. Inc. 3. Your Name ad Address (PLEASE PRINT) 1. Please Check ./ One: ______________DC# CJ Membership Renewal _ Name (] New Membership AgencylLibrarylInstitution IOryj 2. Select ./ Category Address CJ $)5 Family/AdvocatelIndividual CJ $1() Prisoner City State Zip CJ $30 AttorneysIProfessionals Email Address and lor Phone Number (] $60 Gov't AgenciesILibrariesiOrgsJete. C1I" Please make all checks or money orders payable to Florida Prisoners' Legal Aid Org., Inc. Please complete the above form and send it along with the indicated membership dues to: FPLAO. Inc., P.O. Box 1511, Christmas FL 32709-1511. For family members or loved ones of Florida prisoners who are unable to afford the basic membership dues, any contribution is acceptable for membership. Memberships run one year. If you would like to make a donation to FPLAO. 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Each issue is ~ wfIb summaries Illd ~ otrcecat court dcdIkm fiom manid &he couatry dcatiq with prisoner risIdI and Mittc:D &om II prisoner perspective. 11Ic mapziftc crftm cmia artidcs from ~ giviag how-to UtipIioa advice. Also inchIdcd in each im= arc news adcIcs daftftg with prison-cdmcd IIftI88Ie aad adiYiAn. fium Cbc end IRJUDd die wartd. AMuaI subsalpticoe rata·~ SIS for prisonen. lfyGu can"t afford SI8 at cmce. scaclatlcasl S91ftd PLN wiD pRII'Ife 1m Issua at SI.!O ceda Cor a sis u.s. maaIb ~. New IIld umad postage. awdopa may lie used 01 samps or cmbotsed P.O. Box 1511 Name Far ~ iDdMcbIk. the year adbalptioa n:e is $25. (nstitntioaal ClC' (JIof'caiuoat (~ li!nries. pemmea IgaICia. orpnizaticllll) subsaiptioa nus ere S60 a~. A Address sukcribc to PLN coaIIId: . Prisoa Lcpt ~ City urapIc copy of PLN is aYaflabfc rat $1. To 2«10 NW" ST. '148 5atdc. WA 98117 (206)246.1022 MIp:~.~IftM'/l Christmas. 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