Will Arizona Prisons sustain budget cuts?

Will Arizona Prisons sustain budget cuts?

By Carl R. ToersBijns

The Arizona governor and state legislature will have some tough choices to make this coming session regarding budget cuts and contingency plans for their operating funding costs. It is likely that the big bus of the Corrections Department will have to take some of those cuts and rely on operating their prisons with a reduction in staff and other resources.

Although any closures of prisons is not likely to happen as it is in other states, there will be a big change how they will have to operate them and endure the entire fiscal year on less money than last year or the year before. It will depend on how deep the cuts are and what has to be cut back in order to meet allocations and expectations.

Although it may seem premature, it is likely that at this moment, based on feedback from the governor’s office and key legislators, initial budget scenarios are being developed as well as revised staffing patterns based on prison population projections and other anticipated needs. 

 

The agency will address attrition rates, pending retirements, freeze hiring and maintain a strategy for vacancy savings for the entire fiscal year leaving staff pretty much with what is left over after these employees leave state service. If the past is an indication of the future, disciplinary actions will increase and probation periods will be used to lay off officers before they reach their permanent status and termination will be used as a management tool to reduce staffing patterns and personnel.

The director and his staff will submit various formats of scenarios that will allow the governor’s staff and legislative members a good peek at what the bottom line is and how deep a cut the agency can survive without compromising public safety. The main concerns are three fold; personnel and benefits, medical costs and other fixed expenses related to prison capacity and population needs.

Perhaps there will be a shift in priorities and the director will re-allocate more resources towards new or existing community corrections programming that are less costly and easier to manage.  They will have to focus on reducing their enormous water and electric utility bills and implement other waste reduction methods to acquire a better handle on the costs of food and clothing, cable services, and other costs that may be considered either frivolous or unnecessary for prisons to have.

The director will likely increase the number of low custody level prison work details outside the prisons and into the communities to acquire shared funding for operating such mutual government agreements that include inmate work details for county and municipal government agencies and related public services.  This is a viable avenue for the agency but will require the mutual agencies to provide the supervision and transport costs in order to be eligible for such inmate services within their community and local government public works.

Perhaps for once in the last five years, there will be a serious focus on recidivism and manage it more effectively so that the prison population may indeed be reduced and the incident of repeat offenders coming back into prisons be reduced by looking at those technical violators a little closer and continue their parole time in the community corrections programs rather than paying a premium price for a bed inside the prisons.

You more than will likely see a consolidation plan with the private prison contractors for transferring some of the state’s secondary custodial roles to the private prisons to save money and reduce staffing costs. This would also cancel or reduce some of the private vendor contracts the state currently has to keep essential services going but at a cost that can be done cheaper if absorbed in the consolidation plan.

December 23, 2012

Gun Gaps, Mental Health & Public Safety

Mental Health and Gun Background Checks

By Carl R. ToersBijns

 

Many states are researching the need to share mental health records in a better manner than it is being done today. Every time there is a mass shooting, it is revealed the shooter has experienced mental health issues that may have prevented the shooter from buying a firearm if the background check was done in an appropriate manner. This is only one element of problem but it needs to be addressed at the local and federal levels.

According to a news story in the Main newspaper Sun Journal, that state has a horrendous record of maintaining mental health records for such a purpose. It is likely that you will find this symptom occur in many other states as it reveals a serious breakdown or linkage in sharing important information that could prevent some of the tragedies occurring today.

Staff writer Bonnie Washuk writes “When it comes to sharing mental health records with safety officials for gun background checks, Maine is among the worst performing states, according to a national group promoting gun control.” She refers to a report that reveals how the National Instant Criminal Background Check System (NICS) is flawed because of submissions omitted or lacking to make the process work better.

Ms. Washuk adds “Under existing laws, the Maine court system is required to send mental health records to the Maine Department of Public Safety, then to the federal NICS, in three cases: When the court has involuntarily committed a mentally ill person, when a person has committed a crime and been found not responsible because of mental illness, and when the court finds a person not competent to stand trial.”

In their report, the Mayors Against Illegal Guns report “August 16, 2012 - Mayors Against Illegal Guns has launched an interactive map showing how many mental health records each state has submitted to the National Instant Criminal Background Check System (NICS), and comparing this performance with the best-performing states.

Based on new FBI data updating the coalition's November 2011 Fatal Gaps[1] report, the map shows that 21 states have each submitted fewer than 100 records. The report writes “Since its creation in 1999, the National Instant Criminal Background Check System (NICS) has blocked more than 1.6 million permit applications and gun sales to felons, the seriously mentally ill, drug abusers and other dangerous people who are prohibited by federal law from possessing firearms.”

“Completing the necessary paperwork for a background check takes a gun buyer mere minutes, and more than 91 percent of these electronic screens are completed instantaneously. And, amidst a polarized national debate about gun control, the background check system enjoys nearly universal public support. Despite its relative success, NICS has serious gaps and limitations that still allow firearms to be sold to dangerous people, including some of the nation’s worst mass murderers.”

But, for complex legal and logistical reasons discussed in this report, records about the kinds of serious mental health and drug abuse problems that disqualify people from gun ownership have proven more difficult to capture.

Arizona legislators need to assure that there are no barriers within existing laws that prevent the transfer of such information. Arizona legislators must ensure funding for establishing a sound and efficient electronic infrastructure is created for civil and criminal records to improve background checks specifically for those who have a mental illness or disability as well as those convicted of felonious crimes and have established criminal histories.

This is not to imply that all mental health persons are a threat to society or posses a propensity to be violent. It is likely that only a small percentage actually fall into this risk category but since this is about preventive measures and identifying those ineligible for such firearms purchases, it must be included in the criminal information system to disqualify them from purchasing a firearm. 

Legislators could amend the laws to include mandatory reporting by the Corrections Department to forward all names of those felons incarcerated and having a mental illness on file. 

This database could be incorporated with the Department of Public Safety and strengthen the NICS report status giving them more access to two additional sources for the database.  The first being an ex-felon convicted and the second being an ex-felon with mental health illness on file.

The fact is we are already doing such reporting under the law called Megan’s Law for sex offenders throughout the state. It would take another stroke of the keyboards to add this data to the system and make our communities safer.

In addition, closing loopholes in the background checks for every state is essential to maintain adequate control over information sharing and validating the criminal justice information process to be effective and instrumental in the prevention of having guns fall into the wrong hands in our communities.

There are currently federal grants available to make such changes if the state wants to apply for such additional funding resources.

Sources:

www.mayorsagainstillegalguns.org/.../maig_mimeo

http://www.sunjournal.com/news/lewiston-auburn/2012/12/19/report-maine-shares-few-mental-health-records-back/1296712

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[1] www.mayorsagainstillegalguns.org/.../maig_mimeo_revb.pdf

 

Email Privacy - the truth

Email Privacy ~ Revealing the Truth

By Carl R ToersBijns

There is a misconception among email users that their email boxes are entitled to some kind of privacy protection that enables them to hide what is contained within their text and those email address used via the internet. What is alarming is the fact that hardly anybody realizes how easy it is to disclose and reveal what was once considered a confidential method of communicating and secure writings.

The most startling revelation is the ease of getting this information without a search warrant. Private emails are not as secure as we once thought they were and the method for accessing such information has become most simple since Congress passed a specific act way back in 1986, which makes this possible. E-mail "stored" for 180 days does not receive the same protection as E-mail in "process" less than 180 days.

It basically allows warrantless invasion of privacy actions if the text, email or electronic message is over 180 days old and no longer under the protection of search and seizure laws. Without taking into consideration the mass use and volume of internet traffic, the Electronic Communications Privacy Act of 1986 allows access to online chatting and other communications.

Just last month, on November 29, 2012, the Senate Judiciary Committee met and considered legislation to update the Act which would require police to get a warrant to read emails or other electronic communiqués. The current status of the Act only requires the showing of a § 2703 order that is specific and articulated facts relevant to an ongoing investigation.  This order can give a wealth of details about computing service usage. § 2703 (c)(1)(A)-(B) gives the contents of any relevant logs, all basic subscriber information (see below), cell site data for calls made, destinations of outgoing E-mail, and any other non-content records.
The burden for a subpoena[1] is a good sharp crayon. Electronic Communications Privacy Act “ECPA” as amended by USA PATRIOT § 210 (see 18 U.S.C. §§ 2701-11 for the bulk) yields Basic Subscriber Information which is defined as: name, address, local and long distance telephone toll billing records, telephone number or other subscriber number or identity, and length of service and types of service used by the customer, subscriber number (e.g. Internet address or telephone number)or identity (including any temporarily assigned network addresses), and means and source of payment for such service (including credit card or bank account number). It is all right there in Title 18.  

As a bonus, the USA Patriot Act (sect 212 and 505) and Child Protection and Sexual Predator Punishment Act of 1998, 42 U.S.C. § 13032 also effect ECPA

Source:

http://www.pinewswire.net/

http://itlaw.wikia.com/wiki/Electronic_Communications_Privacy_Act_of_1986

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1.        [1] Under the Electronic Communications Privacy Act of 1986, law enforcement must obtain a court order under 18 U.S.C. §2703(d) (2703(d) order) to compel a provider to disclose more detailed records about a customer’s or subscriber’s use of services

 

Tackling your Dream - New Year Resolutions

Tackling your Dream

By Carl ToersBijns

 

The New Year is quickly approaching and we are all prepared to make some New Year resolutions. It is likely that some of these resolutions are part of your dream in life or the basis for making your dream come true. Either way, you are about to go on a journey that will hopefully fulfill your destiny.

 We all dream of doing something special in our lives. We all dream of doing something that is satisfying someday. It may be a career change, raising a family, starting a business or become an artist in the music business or making a lot of money. Either way, you need to find a way to make your dream come true.

The world is made up of winners and losers. Not necessarily a nice way of putting it, the reality is that no matter what your dream is or was, there are some things thrown on those hard traveled tracks of this journey that makes it more difficult than once anticipated. Living a dream can be interrupted suddenly by something called fear. You shouldn’t be surprised or stunned this happens.

Fear is the number one reasons for not accomplishing your goals or dreams. It can happen to anybody and there are certain things you need to remember when encountered by fear.

First you have to be real. You must make a self-assessment of your skills, knowledge, abilities and experience as well as possessing the talent for acquiring such a dream.  The main thing to remember is that when you are pursuing a dream there will be a significant change in your life.

This change can spring many fears, challenges and insecurities at you as it will come from all directions that include where you live, how much money you have to support your dream and drumming up the intestinal fortitude to stay on this journey to capture your dream. 

Most of all, you will be faced with the fear of failure. Change means leaving your comfort zone. It means taking different risks and making decisions never made before.  One may have to endure a change in the environment and endure misery before reaching your utopia.  You must learn to tolerate and overcome things that are strange and terrifying.  You must learn how to face and handle those risks that come with the territory of being successful.

We have come to appreciate that change is one of the most terrifying things we face in life. Our latent fears and insecurities spring out at us from all directions. After all, change threatens our comfortable worlds. It doesn't matter that our comfortable worlds might be miserable places. Misery we know! Misery we can tolerate! But change is strange and terrifying.

Whenever you are faced with the fear of failure or any other fear, don’t make excuses. Rely on your common sense that got as far as you are and rationalize the problem. This is where you go back to your self assessment and must decide if you have an adequate amount of money or levels of education, skill or experience to pursue your goals and happiness. Make adjustments to meet your shortage and focus on the positive things that this effort will bring you.

You must not squander time or money during these evaluation periods. You must make decisive decisions with or without help from others. Regardless, you must face the fear and march on. This is where you have winners and losers come or overcome and meet these challenges before you. Don’t let your fears shut you down.

Wading through the deep waters of fear and adversity is part of the challenges of success. Success will demand you to do or perform extraordinary things in your life. It is what makes you a great person rather than the normal status quo you are trying to leave behind. How you respond will make you either a winner or a loser.

Perseverance is a great quality to attain when pursuing your dream. Never give up even when the pain is so bad and you are terrified at the moment or the day after. If you focus on your dream you will never turn away and run away from it.

 

Be prepared for failure, humiliation, embarrassment and anxiety attacks. These all come with the challenge of attaining your dream. Don’t underestimate your own abilities when faced with the challenge of self expression, public speaking, organizing your thoughts and putting a plan together. Even though you may have “never” done such a task before, you will overcome your fear of failure if you have faith in all you do and prepare yourself adequately to get the job done.

 

Learn to identify your disabilities and accomplishments. It was said by Eleanor Roosevelt, a woman who was well versed with fear in her life that “you gain strength, courage, and confidence by every experience in which you really stop to look fear in the face.”

You must learn to attempt those things we think we cannot do and tolerate the fact that if it means going through life without knowing success, you merely exist and lose that dream. If we fail to attempt the thing we think we cannot do, it can mean the death of our hopes, dreams and our spirit. It could mean going through life merely tolerating our existence. It can mean dying without having risked or felt the sting of failure--or savored the joy of success.

When we face those things we thought we couldn’t do we become stronger and smarter in life. We gain heart and desires and leave behind cowardice and being scared. We have the appreciation of life and knowing that overcoming all these challenges as well as the fear was quite a feat and undertaking.

It underscores the importance of the journey and the discovery of new found strengths and wisdom that has been inside of you since the beginning and now moving you right along to live your dream. It became your own recipe for success and you now know that taking all those risks has paid off for you in many different ways.

 

December 22, 2012

 

 

Sandy Hook Teachers Act as Bodyguards vs Assassin

Bodyguards and Assassins

By Carl R. ToersBijns

 

Friday, December 14, 2012 will never be forgotten by any of us nor will the name of the Sandy Hook Elementary School be erased from our memories forever.  Without echoing what has already been said in this most horrific event where twenty young children were murdered by a lone gunman inside a sanctuary of a school, we learned an important lesson in life about bodyguards and assassins.

Emulating the behaviors of those heroic teachers that stood their ground and defended their classroom and their children the best they could being unarmed and facing a heavily armed assassin they all performed their roles of bodyguards of our precious little angels admirably and in a heroic fashion that will ever withstand the test of time and history.

The group dynamics of those that sacrificed their lives protecting their students and innocents from the assassin needs to be put into perspective in another form to recognize the value of a teacher in our schools today.  This assassin came into the school in a kamikaze fashion and mission to kill people and was successful to do this unequivocally and without any doubt, difficulties as he was well armed and prepared to used deadly force on anything or anyone in his way. 

The school was hardly a fortress designed to protect kids and teachers from grave harm or dangers. It has been revealed that a compelling drama took place that illustrated and made a most valid point that teachers are unrecognized as protectors and bodyguards of our children and while under their care, they are willing to sacrifice their lives for the safety and well being of their children in their charge.

Assassins on the other hand have no such code to act in an most honorable manner and leave only destruction, pain and sorrow behind as they inflict the most pain humanly possible with their lethal ballistic armaments that are designed to kill and take human life with no regard to the humanity or dignity of the innocents now deceased and gone to heaven.

My point is to demonstrate the value of teachers as counselors, mentors, role models and protectors. They serve as our children’s bodyguards while they sit there in a most vulnerable setting having to take care of their charge without any help from the outside or law enforcement.  Here is the irony:

 

• Assassins are people who destroy human lives.
• We already know that prisons are filled with assassins.
• We care more about the assassins that the bodyguards.
• We spent more money on prisons than we do schools and teacher’s pay even when we realize that these human resources are critical in their role to protect our children when they are away from us.

Stop spending money on prisons and start allocating more money for schools and teachers pay. The right thing to do is to recognize, respect and award these teachers for what they are within our social structure and provide them the same urgency and consideration as law enforcement and correctional staff that work in potentially dangerous places but are prepared to take the risks as part of their public duty to serve and protect our children.

Now that we know and fully realize the complete value of our teachers around our children we must set aside our political will to expand prisons and deny them the growth they are asking and instead focus and bring our schools back to adequate standards to give our children a bright future under the stewardship of loyal and devoted teachers who act as bodyguards for our kids when we cannot.

 http://www.youtube.com/watch?v=Mhg8YkDsEhg

Inmate Entitlement Attitude - A Growing Problem

Inmate Entitlement Attitudes ~ Growing Problem

By Carl R. ToersBijns

 

 

Today a large segment of our prison population is made up of chronic complainers and unreasonable whiners. These individual whiners are so used to getting things for free that when they are incarcerated they are the most labor intense and most chronic complainers around.

 

Living off the government has developed a society within the prison razor wire that resembles a significant portion of those same habits displayed when in the free world.  Secondary considerations are those persons that are getting older and needing medical care for chronic medical conditions or dental work long overdue.

 

Without any doubt, these prisoners have basic needs and are entitled to some of the same services out there in the communities in the name of being secure and maintaining their wellness. The difference is they have to share these limited resources with thousands of others thus a waiting list is common and the most efficient way of dealing with their issues. This does not make them happy occupants while in prison but that is the reality of how things are.

 

There are exceptions to the rule of course as there are those who truly need these services that are physically or mentally disabled and can’t earn or work for these things they really need.  However, it seems that society has developed a large throng of professional dole takers that also duplicate these same behaviors when incarcerated and living off the prison dole system.

 

Out in the free world, they frequent churches and soup kitchens for free meals and drinks. While incarcerated they hoard the dining hall chairs and complain about the quality and quantity of food served without paying one penny into the cost to feed them.  Some are fortunate to live with family but often they wear their welcome out as they sponge there way into the streets by abusing the gratitude and love of their relatives.

 

They learn to double dip and get more for free while robbing others from a meal as prison food often runs out and do what is called progressive feeding also known as making the meal as the line is being served. Additional staff and coupons had to be used to prevent this double dipping as the cost of a meal is rising and no prisoner will ever contribute to its costs.

 

It also appears that because everything inside prison is practically free and paid for by the taxpayers, they don’t mind going back to prison and compromise the quality of life for a free ride and no responsibilities. Many choose to live like this and most consider it a viable alternative to be a free person and choose not to be working for a living and living free off government food stamps or other dole services.  They know the criminal code well enough to commit minor felony crimes and plan their short term stays around the seasons and the weather so it seems.

It also seems they would rather spent the night in a prison or jail than be free and living in these shelters or churches that offer free overnight bedding or spent the night under the bridge or overpasses where the weather keeps them cold and wet most of the time.  Precisely, prisoners receive free indoor shelter all year around. This avoids them having to find bed space in homeless shelters or other sanctuaries already overcrowded and sometimes hard to get into.

 

While in prison they don’t have to worry about clothing, furniture or household goods and are spared the efforts they spent going through dumpsters, laundromats or looking curbside through garbage cans or stealing clothes from clothes lines waiting for the sun to dry them. After all, it takes a lot of energy to make things come together like that and not many receive the cooperation from others out there.

 

On the outside, it is highly likely a homeless person or down and out ex convict does not have any pocket money to buy anything for themselves unless they go to the blood or sperm banks to redeem their bodily fluids for cash. If they are fortunate enough to collect cans and bottles for recycled funds they compete with others to get the sufficient amounts of items to get a little bit of cash to buy cheap booze, a bus ticket, drugs or cigarettes or toiletries. 

 

However, it takes a lot of effort to make ends meet and money does not come easy to these people.   While in jail or prison, they get an opportunity to work for small wages and receive a small deposit in the inmate bank account at the end of the month to buy items from the commissary or others.  In prison they don’t have to panhandle and look for lost change as they are fed, clothed, seen by medical and even the dentist if their case is serious enough to warrant an appointment.

 

Is it no wonder why entitlement attitudes are growing inside prisons. They are duplicating their lifestyle inside prison as they live on the outside those high walls and razor wire. The basic difference is that they do their time and take advantage of tax funded services that are not available to them on the outside.

 

It makes sense that rather than making the effort to be self sufficient and work for what they need, they can get it all for free inside a warm dry eight by ten cell or a cozy dormitory setting with televisions blaring, food aplenty and medical and dental care for those who need to be seen by healthcare providers. Already conditioned to cope and function within their prison adapted norms, they seem to do it well and survive living off the systems that gives them an opportunity to get things for free.

Working with SMI Inmates & Self Harm issues

Inmate Self-Harm Behaviors for Correctional Officers

By Carl R. ToersBijns

 

For all practical purposes the biggest difference between prisoners and correctional officers is the fact that prisoners are incarcerated subordinates to the correctional officer’s directions and orders while under the supervision of the Corrections Department.

In layman terms, the officer has to constantly struggle and be cognitive of the prisoner’s behaviors including the fact they may possess a learning disability or mental illness that may impede their ability to communicate effectively. This makes perceptions biased as the officer attempts to help the prisoner with his problems but are often challenged to correctly understand their message as it is either emotionally or mentally impaired.

There appears to be a discussion ongoing whether the officer has the willingness to help and doing the right thing when he or she does offer the prisoner assistance with their problem especially to those related to self harm or suicides. The officer has to determine rather quickly if the gesture is genuine or whether the problem is manipulated and a petty opportunity to get some attention from the officer.

This is a very important key to communicating and helping with the problem of self-harm and suicides as each method has motivating factors that determine serious or non-serious actions to be taken and relayed to mental health and supervisors.

Most officers do not possess the ability to determine serious from non-serious thus the risks are high that a sign or awareness level may have been missed and create a situation for the prisoner to actually harm himself severely or commit suicide within short periods of time. Ignoring a response based on a wrong evaluation or assessment can lead to creating a tenser situation from the start.

A lack of response by the officer that ignores or minimizes the prisoner’s behavior is likely to be demonstrated in an animated and aggressive like manner and brings to the confrontation anger, disgust, and frustration by the prisoner as well as a feeling of ridicule by the officer that believes the prisoner tried to play headgames and results in a provocation of anger by the officer towards the prisoner escalating the situation severely.

Therefore, it is important that the officer takes the time and reads and assesses the prisoner’s behavior appropriately and accurately to avoid a critical incident from developing and prevent or intervene in a severe psychological episode by the prisoner and taking the appropriate steps to secure his safety and wellness immediately for the sake of preserving human life.

The officer must be properly trained how to read the motivating conditions, environmental factors or circumstances that triggered the prisoner’s request for interaction or attention so that the proper care can be provided by mental health providers available to treat and stabilize such individuals. In theory, the better the relationship is between officer and prisoner, the better the communication is and the better they understand each other at the time.

This is where the ability to empathize and observe and listen for clues of behaviors is important. Empathy is not sympathy. It is merely the ability to understand another person’s feelings or needs through comprehension of behaviors, feelings and words spoken. Sometimes it takes someone to put themselves in the other person’s place and try to see and hear what they are seeing or hearing to understand the message spoken.

Certainly the officer must understand the reason for anger if the prisoner’s actions or behaviors are ignored or minimized as it draws anger and the feeling that they are alone.

It is important that officers don’t stereotype prisoners and believe that they are all the same and that they might react the same way under most circumstances.

 

Officers must take into account if the prisoner was:

• Unable to cope effectively
• Depressed
• Under the influence of drugs
• Stressed because of changes in environment
• Family turmoil or problems
• Frustrated by recent disciplinary or negative prison factors
• Being bullied by others
• Recent loss of loved one
• Impulsive in nature

 

Once the officer has taken these factors into consideration then another evaluation must be made related to the threat made or actions pending such as cutting or hanging himself and decide if this act is:

 

• A cry for help
• Hoping to gain attention
• Overwhelmed by emotions
• Taking control of the situation
• Avoiding others perceived to be a threat or risk to him
• An act to get a high
• Actual act intended to commit suicide

The fact remains that the officer can’t be certain which reason or motive is correct and must treat the situation with care and determine how to ensure the prisoner’s safety as he makes his notifications and arranges for mental health care providers to see the prisoner as soon as possible and play out this critical incident in a manner that does not empower the prisoner to manipulate others but rather focus on the reality that he is asking for help and needs to talk to someone who specially trained and skilled to obtain an accurate assessment of his needs.

Every agency should take into consideration the need for specialized training in self harm signs and suicide awareness. They should be considerate of those factors that are created by the environment could and can cause additional personal distress and vulnerability that creates harmful behaviors to appear as well as suicide ideations.

Agency staff should realize that reducing the prisoner’s distress level can help reduce self harm and suicides effectively and need to upgrade their training for staff so they can work with these special management prisoners effectively and safely.

 

December 13, 2012