The Fortune News: February 2010 – Health Care and Criminal Justice

The Fortune News Health Care and Criminal Justice Volume XLIII, No. 1 • February 2010

"Medical Care or Death," Center Stage, Lentes Latinos, and MUCH MORE!

Plus:

Eye on Fortune  The Word in Reform  Public Health & Drug Policy  Juvenile Detention & Mental Health 

“The degree of civilization in a society can be judged by entering its prisons.” —Dostoevski • Published by The Fortune Society •

Table

of Contents Letter from JoAnne Page, President and CEO Letters to the Editor Faces of Fortune Eye on Fortune News from The David Rothenberg Center for Public Policy Justice Beat World Report Lentes Latinos Head Count: The Incarcerated Elderly New & Noteworthy Prison Programs Rockefeller Drug Law Reform: A New Direction for New York and the Nation Center Stage Medical Care or Death Juvenile Detention and Mental Health in New York State Family Matters Food for Thought

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Letter from the CEO As we start a new year and a new decade here at Fortune, we do so with much hopefulness. After too many decades of policies that increasingly relied on incarceration – with devastating impact on lives and families and communities, and on the soul of this country – New York State has finally reformed its Rockefeller-era mandatory sentencing laws. For years, Fortune has been part of the community of advocates who fought for this change, and it has finally been achieved.

How do these reforms in law and policy relate to an issue of Fortune News that focuses on health? They do so very strongly. As the “war on drugs” escalated into a social policy whose casualties were primarily poor people of color, our country developed a two-tier system for dealing with addiction. While White middle class substance abusers generally have their addictions addressed as a health concern, Black and Latino substance abusers, especially the urban-poor, face arrest, conviction and incarceration.

I have witnessed this two-tier system personally. Growing up in White suburbia, and later going on to college and law school, I saw friends and classmates struggle with substance abuse. In all those years, I saw not a single one of my peers incarcerated for the use or sale of illegal substances. In fact, I am not aware of a single one who was even arrested. All struggled with the damage done by their substance abuse, some got treatment and went on with their lives, while others died as a result of their addiction. But none had to deal with the trauma and stigma that comes from arrest and incarceration.

When substance abuse is addressed as a criminal rather than health issue, the human impact is devastating. For the men and women I’ve personally represented, and for the three thousand or so individuals who come through Fortune's doors each year, the damage done by substance abuse is compounded and magnified by the damage done by having been dragged through the criminal justice system.

I remember a bright and beautiful young man who moved into our residence, the Castle, when it opened in 2002. The much-loved child of a single mother living in public housing, he faced the prospect of becoming homeless following a drug arrest; remaining with his family meant the risk of losing the home his mother and siblings so desperately needed. Without Fortune’s help, he would have been forced to live on the streets and subways of New York City.

Much of what we see in our jails and prisons should be addressed through the health system rather than through criminal justice. My hope is that, as we enter this new decade, we learn from our failures and treat substance dependency as a health issue first.

Warmly,

JoAnne Page, President and CEO

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Letters to the Editor November 15, 2009 Hello Ms. Koch,

I am a Fortune News subscriber and avid reader for the past couple years. I would like to share with you some issues I have run across regarding the “Second Chance Act.” I am a perfect candidate for the extended halfway house provision of the “Act,” as are many of my fellow inmates. Congress passed this bill in hopes of helping people like me reenter successfully back into society. I have failed at this once already and now I intend to do everything possible not to fail again.

Unfortunately, we as inmates are faced with many roadblocks with the B.O.P. [Bureau of Parole], since they have the final say whether we get designated the benefits of the “Act.” Many people who have inquired into this with our case managers have been met with negative responses and lame excuses like “it’s too much paperwork.” Over and over, we are forced to go through the whole administrative remedy process (which takes months) to gain something many of us are entitled to have.

I motioned my sentencing judge for a non-binding judicial recommendation for my application, since prior to sentencing he declared his confidence that I would

once again become a contributing member of society. Unfortunately, I got a formal response back from the U.S. Attorney asking that my motion be denied. If that isn’t arbitrary and in bad faith by the government, I don’t know what is – this is an act passed to help people just like me succeed in the future to reenter society.

I felt that you at Fortune, as well as the public in general, should be informed.

I am a person who takes the time to read every article in your publication, as well as others I feel are beneficial. I do share positive points from these articles with others in hopes that they will get pro-active too. Please share my truthful finding with all your associates.

Respectfully yours, John M. Stewart Federal Correctional Institution Seagoville, Texas

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November 30, 2009 Greetings,

I received my first issue of “The Fortune News”, Volume XLII, No.1, Oct. 2009, and I must say it is truly a wonderful publication – insightful, informative, and encouraging.

Your concern and efforts are much appreciated and all too rare in today’s

society. I see we both have Dostoevsky in common (refer to quote, front cover).

I’ve used that particular message on most of my missives for years now. It is very insightful and so very true. Your kindness and sacrifices are encouraging to many, for it shows there may be some hope left for this country. I wish you joy, peace, hope, and happiness this holiday season.

Happy Holidays!

Don D. Wood Graceville, Florida

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November 23, 2009 Dear Ms. Koch,

I hope you are in great health today! I recently received my first issue of the Fortune News, and I am moved by the information and stories I have read to do MY part to help others suffering in and outside the wall of condemnation.

Thank you!

Antonio R. Thomas Coal Township, Pennsylvania What do you think of the Fortune News?

Please send your thoughts, reactions, and ideas to the address listed below.

Sarah Sturges, Senior Substance Abuse Counselor, and Maria Perez, Senior Counselor in ATI/Treatment Services, at the 2009 Fortune Society Staff Retreat, held at New York City's Riverside Park. The park is across from the Fortune Academy (a.k.a. the Castle), Fortune's nationally-recognized residence in West Harlem. (Photo by John Dalton)

FORTUNE NEWS SUBMISSIONS: Please send your work to the following address to be considered for publication in a future issue of the Fortune News.

Fortune News Submissions Colleen Koch, Editor c/o The Fortune Society 29-76 Northern Blvd.

Long Island City, NY 11101

www.fortunesociety.org

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Faces of Fortune Community Profile Larry White Community & Policymaker Liaison In early 2007, after serving 32 years of a 25-tolife sentence, I was paroled to a freedom for which I was ill-prepared.

Both my wife and my mother had passed away during my lengthy incarceration, and I was essentially homeless upon release.

Thankfully, I was able to utilize a community organization contact I had established during incarceration; I was granted residence at the Fortune Academy (a.k.a. the Castle). What makes life at the Castle unique, in addition to the truly "wrap-around services" provided, is that the uncommonly high standards of living and behavior give the 60-odd residents an undeniable sense of both independence and responsibility.

Immediately apparent are the open trust and concern which reinforce the "we are a family" approach to the relationship between staff and residents, and between the residents themselves.

Perhaps the biggest obstacle I faced in my reentry process was my age. I was 72 years old when paroled, and obtaining gainful employment at that age seemed an insurmountable hurdle. But with my innate tenacity and the guidance of Academy staff, I learned about the Senior Community Service Employment Program (SCSEP), a training assistance program that connects people 55+ who are incomeeligible to viable work opportunities in their communities. Through the SCSEP program, I was able to work my way into my present position as Community and Policymaker Liaison for The Fortune Society.

My successful reentry can be directly attributed to the structured support I received from The Fortune Society.

During my 32 years of incarceration, Fortune was intimately involved in my

collaborative work with community organizations to develop correctional rehabilitation programs. Upon my release, I received support in the form of guidance and direction from everyone at Fortune – front-line staff to executives, they all played a personal role in guiding me through this difficult transition.

Staff Profile

Charles Watts Early Intervention Specialist The first time I heard of The Fortune Society was in 1971, when I was just beginning what was to become 30-years of involvement with the criminal justice system. Fortune helped me when I had no place to live, and didn’t know how to access the services I would need to stabilize myself in the community post-release.

In January of 1995, after being released from prison for the third time, I came to Fortune determined to make a successful transition into society. I wanted to get on with the business of living my life without someone telling me what to do, and to form a relationship with my family.

When I arrived, I was referred to Career Development (CD), where I completed a two-week job preparedness workshop; I stayed on as a volunteer.

Four years later, I again found myself unemployed, so I returned to CD, and was referred to a job at Hunter College.

At Hunter, I encountered Mr. Stanley Richards, Fortune's Chief Operating Officer, who was working on a project called Health Link. Mr. Richards steered me in the direction of human services and became my mentor. After completing several projects at the college, Fortune hired me to be an Early Intervention Specialist for the Health Services Unit, a position that includes Rapid HIV Testing and Counseling. I also facilitate an HIV/AIDS Anti-Stigma Workshop,

and have traveled extensively to prisons throughout New York State to do outreach presentations for Fortune.

Throughout the journey of insanity that my life has been, including detours of drug addiction and recidivism, The Fortune Society was always there with the same consistent message: you can break the chains that bind you.

Client Profile Emmanuel Gomez

My involvement with The Fortune Society has helped me understand that there is more to life than what is happening right now. By that, I mean that this program has helped me shape a better future for myself. I am very regretful about the circumstances that led me into this program, but nonetheless I am extremely happy that I was able to meet and interact with the staff that was involved in my case.

The Fortune Society isn’t only an organization that helps you stay out of jail. This agency offers people the tools necessary to help you make a better life for yourself. The group that I liked the most was my criminal justice group. I enjoyed that program a lot because it helped me understand that the laws and regulations of society are not there to control me but to help me live a good life. Before, my view of the law was the complete opposite. The staff members gave me a huge amount of motivation to get back to furthering my education.

Thanks to all the support I have been able to enroll in a trade school. I am currently two months away from acquiring my Master Barber Certificate.

The Fortune Society completely surpassed all my expectations. I never thought that there was a program that cared so much about helping ex-convicts get their lives back together. This program has been the helping hand that I needed in my darkest of moments. I want to give a special thanks to Maria Perez and Hillary Parker, who have been there by my side giving me all the professional and moral support I needed to move on with my life.

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Eye on Fortune the Corporate Leaders for Change Award.

Legendary Tony Award Winning actress Christine Ebersole and Publisher and CEO of El Diario Rossana Rosado served as honorary co-chairs for the event.

Times Square Billboard Makes an Impact over the Holidays A fully-illuminated billboard urging employers to hire qualified jobseekers with criminal histories towered over Times Square during the 2009 holiday season – part of Fortune and the David Rothenberg Center for Public Policy's (DRPCC) citywide campaign to raise awareness about employment discrimination against qualified jobseekers with criminal histories. The billboard reads: “Thought prison was hard? Try finding a decent job when you get out. The only gift I want is the chance to support my family.

HIRE ME.”

Located on West 43rd Street and 8th Avenue above the Westin Hotel, the 20x60foot billboard was posted from December 3rd through January 17th. It is estimated that between 25 and 30 million people passed the billboard during this time, including one million over New Years Eve, an unprecedented level of exposure.

Fortune’s multi-pronged campaign, timed to coincide with the holiday hiring season, also included the distribution to employers and HR departments in New York State of more than 2,000 compelling posters recently created in collaboration with the Center for Urban Pedagogy (CUP).

The posters explain the state law that makes it illegal to discriminate against someone based solely on a past criminal conviction.

Said JoAnne Page, President and CEO of The Fortune Society, “We hope this campaign will show [employers] that these men and women are untapped resources who deserve – and want – a chance to succeed.”

Ms. Page also noted that the Employer

Education Act – authored by Glenn E. Martin, Director of DRCPP, and signed into law by Governor Paterson in 2008 – is critical to the success of Fortune’s campaign. The law requires employers to provide job seekers with a copy of Article 23-A of the Correction Law and to post it conspicuously in the workplace.

The billboard project has drawn an exciting level of both local and national attention to this critical issue, including media coverage in the New York Times “City Room” feature (online and in print), FOX News Strategy Room’s “Crime Hour” segment, and on WWRL Radio’s “Working New York” show with Mike Riley.

2009 Annual Benefit and Awards Gala a Resounding Success!

More than 200 members of New York City’s philanthropic, business, civic and theater communities gathered on November 16, 2009 for The Fortune Society’s Annual Awards and Benefit Gala, held at the Laura Pels Theatre. Fortune honored founder David Rothenberg with the inaugural Lifetime Achievement Award, and BET Networks was presented

Tony Award winning actress Christine Ebersole posing with "Castle" cast members Vilma Donovan and Casimiro Torres at Fortune's Gala.

Said JoAnne Page, President and CEO of Fortune: “There would be no Fortune Society without David Rothenberg. His courage and his vision, more than four decades ago, created a place of hope and opportunity – a place where more than 100,000 formerly incarcerated men and women have found a true second chance. He remains a tireless advocate, a compassionate friend, and a strong voice for those who have none.”

JoAnne Page, former Mayor David Dinkins, and David Rothenberg at the Fortune Gala in November 2009

In presenting the award to BET, Page said, “It is only fitting that we present BET Networks with the Corporate Leaders for Change Award. Through such projects as ‘Locked Out: Ex-Cons & The Vote,’ BET’s programming has steadily aimed to reduce the stigma attached to those with criminal justice histories. BET’s pioneering approach to programming is proof that a company can indeed change communities and build lives.”

The gala also featured a special performance of “The Castle,” a play cowritten and directed by David Rothenberg, which recently concluded a 14-month production Off-Broadway. This moving work follows the courageous paths of four formerly incarcerated individuals – who have collectively served over 70 years in jail or prison – as they rebuild their lives. Proceeds from the event, which surpassed Fortune's fundraising goal by a stunning $56,000, will support a wide range of direct reentry and Alternative to Incarceration services.

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News from The David Rothenberg Center for Public Policy Introduction In 2007, The Fortune Society launched the David Rothenberg Center for Public Policy (DRCPP). While Fortune has always engaged in advocacy and community education, DRCPP is focused on the coordination of Fortune's policy development, advocacy, technical assistance, training, and community education efforts. DRCPP integrates Fortune's internal expertise – the life experience of our formerly incarcerated staff and clients and our first-hand experience as a direct service provider – with research and evaluation to advocate for a fairer criminal justice system; promote effective program models and needed supports for people with criminal justice histories; and change the counterproductive laws and policies that create unfair barriers to the successful reentry of people with criminal justice histories into our communities.

The Word in Reform

By Glenn E. Martin, Director of DRCPP and Vice President of Development and Public Affairs at The Fortune Society For DRCPP, 2009 was an extremely busy year full of both accomplishments and challenges. Most notably, DRCPP helped to successfully advocate for the reform of the NYS Rockefeller Drug Laws. Please refer to “Rockefeller Drug Law Reform”, on Page 9, for specific reforms. We also successfully advocated for the expansion of and increased funding for community based Alternative to Incarceration (ATI) and drug treatment programs.

Working closely with its allies, DRCPP helped lead the way in responding to particular challenges that have arisen as Rockefeller Drug Law reform implementation begins. For example, reform advocates have faced strong opposition to a provision that provides individuals engaged in successful drug treatment with the opportunity to petition for their records to be sealed post-

David Rothenberg founded The Fortune Society in 1967 after producing "Fortune and Men's Eyes," a controversial play about the horrors of the juvenile justice system, with his own life savings.

treatment. As DRCPP expressed in a June 2009 Op-Ed in the Albany Times Union, “Our judges are among the most respected in the nation. We must allow them the authority to achieve the true purpose of Rockefeller Drug Law reform: giving a deserving person a second chance and the opportunity to contribute to society in a meaningful way.”

In 2009, DRCPP also successfully advocated for the closure of underutilized NYS prison facilities that, as noted in our 2009 policy paper on the topic, “…are all operating at less than 47% capacity and require a massive amount of budgetary resources that could be used in more costeffective and successful ways. In tough fiscal times, scarce resources should be invested in criminal justice strategies that work, including community based drug and alcohol treatment, ATI and reentry programs…that reduce jail and prison time, save money and successfully treat people without compromising public safety.”

and illegal barriers faced by qualified jobseekers with criminal records. Please refer to the “Eye on Fortune” feature, on Page 4, for details about the various projects DRCPP has undertaken to highlight this important issue, including: a compelling poster created in collaboration with Another CUP Development (front cover of poster shown below); and a fullyilluminated billboard in Times Square.

DRCPP has been inspired by its recent triumphs to pursue an ambitious 2010 agenda that includes: making it illegal to discriminate against prospective tenants with criminal records in affordable/ private housing; restoring voting rights to people on parole; removing restrictions that bar formerly incarcerated individuals from working in establishments with liquor licenses; expanding work release; compelling city and state fingerprinting agencies to distribute copies of the employment anti-discrimination law to both requesters and subjects of background checks; and continuing to pursue prison closures.

Following the passage of the Employer Education Act in 2008, DRCPP has launched a full-scale campaign intended to educate New Yorkers about the counterproductive

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Justice Beat: Health care in Prisons 2004-2007 The following is a summary of a report by the Correctional Association of New York.

The Abstract Each of the 69 prisons run by the New York State Department of Correctional Services (NYS DOCS) has a medical department that is entrusted with the care and well-being of over 62,000 inmates. Altogether, they employ fewer than 2,000 medical and support staff, and operate under a $356 million budget.

Providing quality medical care in prison is good public policy. In such a contained environment, patients can be diagnosed and given a treatment plan before eventually returning to their communities.

Educating incarcerated individuals and medical staff about health care concerns, as well as treatment and prevention options, benefits both those “on the inside” and the families and communities to which they will return.

The rate of HIV infection in NY prisons is roughly eight times higher than the state average. While only 0.3% (4,000 people) of NY State's incarcerated population is infected with HIV, they account for a full 2.35% of HIV cases in NYS. Additionally, 4,000 have been diagnosed with Hepatitis C (often concurrently), and many others suffer from other chronic diseases such as hypertension, diabetes, and asthma.

There is no question that providing effective health care to so many incarcerated patients, many of whom had substandard care prior to incarceration, is a significant challenge. A number of factors exacerbate this issue: limited resources, restrictive staff salaries, rapid turnover within the prison population, and medical personel often lacking the skills, expertise, or motivation to provide appropriate care. Some correctional facilities are able to provide timely access to care that meets community health standards, while others fall very short.

As long as resources and support remain insufficient, the correctional system cannot fully meet this burden.

The Research

The Correctional Association (CA) visited 19 prisons between 2004 and 2007, and

gathered information from grievance records, medical archives, and observation of medical practices. Unsurprisingly, health care was the number one complaint in all 19 jails visited, as well as generally the most highly-grieved issue across the NYS correctional system.

Incarcerated individuals regularly submitted complaints regarding: •

Denials and delays in health care

•

Problems receiving or continuing to receive proper medication

• •

Inadequate care from nurses

Failure to recognize and treat more serious illnesses

CA does confirm that NYS DOCS health care has made some significant improvements since the report was last issued nine years ago. Most notable is the filling of critical vacancies in medical personel, even with an overall decline in prison population. Also, fewer AIDS deaths have been reported due to more effective treatments, and Corrections has increased its efforts to identify and treat those suffering from Hepatitis C.

Despite these improvements, sizeable problems still exist. One of the most pressing concerns is the wide variance in care offered by each individual prison.

The procedures set forth by NYS DOCS, which should be implemented by each facility to maintain a consistent standard of care, were observed in multiple instances to be either poorly executed or altogether ignored.

Key Findings

Many prisons visited continue to have high vacancies in key positions, including nursing staff and physicians. CA identified some prisons with an alarming ratio of only one nurse for every 120 to 150 incarcerated individuals. At some facilities, many complained that it took several weeks to a few months to be seen for even routine medical care. Some prisons admitted to having a treatment backlog for common ailments, such as colds and headaches, which went out as far as 30 to 45 days. Even when seen, some individuals reported exams that were not conducted thoroughly, as well incidents of dismissal without care.

The Correctional Association discovered that 20 prisons use outside pharmacies whose services cost 27% more than comparable services provided by NYS DOCS. This has resulted in added yearly costs to the department in excess of $3.8 million.

Language barriers are also an issue, as many prisons have few or no medical staff who speak foreign languages, despite the fact that up to 10% of New York State’s prison population does not speak sufficient English to communicate properly. Almost all detention facilities use other incarcerated individuals for translation, raising troubling patient confidentiality issues.

CA also found that, among the incarcerated individuals who were transferred into and around the system – as well as the roughly 27,000 who are released each year – a considerable number are neither evaluated upon arrival at or departure from a facility, nor released with proper medical documentation or a plan of care. This lack of continuity can cause illnesses to remain undiagnosed, inappropriately treated, and/or eventually spread throughout the prison system.

Next Steps

To ensure that all individuals in the custody of NYS DOCS receive health care consistent with widely accepted medical standards, regardless of where they are confined, CA recommends several steps: all facilities should promptly fill medical staff vacancies, as well as increase salaries in order to both lure new staff and retain those already on the job; money-wasting practices such as the use of external pharmaceutical services should be eliminated; and additional resources should be committed to resolving other paramount concerns such as the lack of translators and translated materials available to nonEnglish speaking populations.

A copy of the full 137-page report can be purchased for $10.00 by writing to: The Correctional Association of New York; 2090 Adam Clayton Powell, Jr. Blvd., Suite 200; New York, NY 10027.

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World Report "Justice for the Mentally Disabled" Editorial from the New York Times October 20, 2009

The Justice Department has recently launched an initiative directed at complete enforcement of the Americans with Disabilities Act of 1990, which “forbids unjustified isolation of the mentally disabled.” The initiative is launching in NYS on the heels of reports concerning the harsh warehouse-type environments in which disabled individuals described as “little or no danger to themselves” are placed. New York finds itself in this situation despite having extensive experience with “innovative housing developments where mentally ill people live independently while receiving services from community-based groups.”

Lentes Latinos

En mi experiencia, individuos de hispanos que tienen una barrera idiomática tienden a sufrir desproporcionadamente cuando se trata de la atención de la salud ofrecida en estabby Yolanda Morales lecimientos penitenciarios. Empleados médico normalmente no hablan el español, traductores son raros y el número de materiales médicos traducidos son insignificante. Los pacientes que hablan el español también generalmente están prohibidos para traer un elemento del mismo nivel que pueda traducirle al medico nombrado para tener su caso. A menos que por casualidad, su nombrado coincide con la de un amigo que pueda traducir que pueden plantear cuestiones de confidencialidad y tienen que intentar comunicarse con proveedores por cuenta propia. Esta situación crea una barrera considerable entre el médico y el paciente, que puede conducir a condiciones médicas sin diagnosticar, maltratadas o empeoramiento.

En un incidente recuerdo que una mujer hispana estaba enferma durante días antes de que alguien le dijera que había una lista de llamada de enfermos que ella podría firmar con el fin de ver a un médico.

"DOCS Opens New Facility for Mentally Ill Inmates"

By Allison Roselle; Legislative Gazette January 4, 2010

NYS DOCS recently opened a new all-male, 100 bed mental health unit at the Marcy Correctional Facility in Oneida County. The facility will serve incarcerated individuals with severe metal illnesses such as schizophrenia, delusional disorders, major depressive disorders and bipolar disorder.

Instead of being confined for 23 hours per day due to tendencies toward disruptive behavior, the new facility will allow these individuals to spend at least four hours per day outside their cells to attend treatment sessions. Of the 58,690 inmates in New York, 7,844 have been diagnosed with a mental illness.

Resultó que su resfriado común progresaba a bronquitis grave debido a la falta de tratamiento. Un signo de contabilización en español de Protocolo de llamada a lista de comunicación hubiera resolvido este problema inmediatamente. En su lugar, fue sólo a través de la conversación casual con una amiga que esta mujer fue capaz de determinar cómo obtener atención médica necesaria.

Lamentablemente, la capacidad de comunicarse con su proveedor de atención médica no es una garantía de mejor atención. Anteriormente un hombre encarcelado hispano que yo hablé con recuerda una prueba de PPD (tuberculosis) y pidiendole a la enfermera que por favor utilizara algunos guantes antes de que ella le traduciera una aguja. Ella le respondio con una repuesta chocante si y pudo ser hasta peligrosa. Le dijeron que, “sabía lo que estaba haciendo y que no tenian tiempo para ponerse un nuevo par de guantes cada vez que ella atendiera a un recluso." Incidentes como éste se registran sistemáticamente en estas instalaciones.

Las mismas normas de medicina occidental que se implementan en entornos no correccionales, incluyendo la provisión de recursos, las precauciones universales y alternativas para aquellos que no hablan el ingles – no han sido aplicadas tradicionalmente "dentro de las murallas.” Afor-

“Addiction on Two Fronts: Work and Home”

By Sarah Kershaw; the New York Times December 7, 2009

The new deputy director of the Office of National Drug Control Policy, Dr. A. Thomas McLellan, is leading the Obama administration’s effort to change the national approach to drug policy. Having been impacted by his own personal experiences with the devastating affects of addiction, Dr. McLellan plans to dramatically increase the resources dedicated to prevention and treatment. In a crucial about-face, the administration has also decided to eliminate the term “war on drugs,” and is instead encouraging a public-health approach to drug policy.

tunadamente, esto es una situación que la legislatura estatal y el gobernador Paterson recientemente se han comprometido a abordar con el paso del departamento de ley (A.903s.3842) de supervisión de salud, que requiere que el departamento de salud de Estado de Nuevo York “realize exámenes anuales de la atención de VIH y Hepatitis C en centros penitenciarios estatales y locales, y a las mejorias necesarias para poder al fin ofrecer asistencia sanitaria a correccionales comparables a las normas de la comunidad.”

Espero que el departamento de salud de Estado de Nuevo York consideren “una mejoira necesaria" para aumentar el número de traductores, así como los materiales traducidos y otros recursos, disponibles para español – y otros para personas que no hablen el idioma de ingles en las carceles y prisones. Si así, fuese entonces individuos encarcelados de cada color o credo finalmente tendieran una razón para creer que pronto pudieran empezará a recibir la mejor atención de salud.

Yolanda Morales es una ex prisidaria que hoy en día trabaja para la Sociedad de Fortuna como Director de los servicios de transición, incluido el programa R.I.D.E (mejoramiento de descarga de la isla de Rikers) cuyo objetivo es mejorar el proceso de liberación.

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Head Count: The Incarcerated Elderly The 1970s was the beginning of an ill-conceived shift in America towards harsher sentences and less judicial discretion that has resulted in significantly elevated rates and durations of incarceration. The elderly and infirm, one incarcerated population that has grown steadily as a result of this change in policy, face particular dangers. Many have complex medical and mental health needs that prisons and prison industry health care providers are often illequipped to handle. This becomes an even more critical issue when considering the situation these individuals are confronted with upon release. Having made it through their sentences without adequate medical care, they are promptly forced to navigate a confusing and unfriendly reentry process.

Among the incarcerated elderly, there are many whose sentences have concluded, but who cannot be released due simply to their need for home health care or the use of an assisted living facility. This state of affairs raises serious concerns related not only to human rights, but also to the fact that it costs nearly double to house and care for the elderly and infirm than it does their younger, healthier counterparts.

According to the New York State Assembly, as written in the Geriatric and Older Prisoner Act of 2007, “There is little question that age is the most reliable predictor for recidivism. …a geriatric and older prisoner program is necessary to identify certain eligible, low-risk, high-cost offenders who are promising candidates for release, and to ensure that adequate transitional programs and aftercare services are in place.”

So far, this need has not been sufficiently met. Many individuals who have earned release from prison, due either to the granting of parole or to sentence completion, are forced by their lack of options to stay in prison. Their long-term incarceration has left them without the resources – including medical insurance, income to pay for prescription drugs, and transportation to and from doctors and hospitals – to care for their own medical needs.

The New York State Department of Correctional Services, as well as corrections departments in several other states, have started working towards a solution by building special units to care for ailing, elderly prisoners. For example, the Fishkill Correctional Facility,

New & Noteworthy Prison Programs The "Resolve to Stop the Violence Project" (RSVP) San Francisco Sheriff's Department Established in 1997 by Sunny Schwartz of the San Francisco Sheriff’s Department, the nationally-recognized Resolve to Stop the Violence Project (RSVP) unites diverse community organizations and individuals to collaborate on the first correctional program in the nation that offers services to everyone harmed by violence: victims, offenders, and communities.

Participants in the RSVP program live in an all-male, direct supervision open dormitory, where stays range from a few days to more than a year, and attend intensive programming twelve hours a day, six days a week. The programming is targeted at (1) reducing violent behavior through the development of skills and accomplishments that can serve as

nonviolent, internalized and realitybased sources of self-respect and selfesteem; and (2) encouraging a greater understanding of and empathy for victims of violence. Treatment consists of group discussions, academic classes, theatrical enactments and role-playing, counseling sessions, and discussions with victims/ survivors of violence.

The three main components of the program are as follows: •

The MANALIVE Program consists of group discussions, targeted at the examination of one of the participant’s violent history. Particular attention is paid to the violent effects of an engrained “male-role belief system,” which is dominated by the division of the superior and inferior.

which was opened in 2006, has 30 beds dedicated to older inmates with physical and cognitive diseases.

While this is a step in the right direction, much more is needed when it comes to resolving the health care concerns of the aged and infirm prior to sentencing, during incarceration, and post-release.

Particularly considering the cost difference between incarceration and aftercare, it is evident that funding needs to be directed towards the creation and implementation of community-based supportive housing programs that provide long-term geriatric health care. The primary justification for imprisonment is that it protects the public, but this rationale becomes increasingly absurd when it comes to the prolonged or indefinite incarceration of the elderly.

With prisons accounting for a significant share of state budgets around the country, it is critical that we challenge policymakers to consider whether this population really needs to remain behind bars, and whether their incarceration is the best way to increase public safety. It is a choice between investing in a long-term solution or continuing to be, as David Fathi of the L.A. Times writes, “in the business of operating nursing homes with razor wire.”

•

•

The Victim-Impact Program consists of visits to the jail by members of the community who are victims or survivors of some extreme form of violence.

The Drama Program encourages inmates to write and produce a oneact play dramatizing a traumatic event in his own life that represents a major turning point towards violence.

The results of the program have been extremely encouraging. In-house violence was practically non-existent following implementation of the program.

Recidivism rates were also dramatically decreased for those involved in the program – an average of 66% below the control group, with a corresponding rate of 82.6% lower recidivism for individuals who participated in the program for more than four months.

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Rockefeller Drug Law Reform: A New Direction for New York and the Nation drug policies. Senator Jim Webb (D-VA) recently introduced legislation to create a Commission whose role will be to study the U.S. criminal justice system and propose solutions to the problems that are uncovered; “All solutions should be on the table,” said Senator Webb.

By Gabriel Sayegh New York’s draconian Rockefeller Drug Laws were finally overhauled in April 2009, in the culmination of an extensive, multi-year campaign for real reform. The reforms include: eliminating mandatory prison terms in most (but not all) drug cases; reducing sentences; expanding drug treatment, social services and alternatives to incarceration; and resentencing (and potentially releasing) nearly 1,200 people currently incarcerated for low-level drug offenses. What do these changes mean for drug and criminal justice policy in New York and the nation? This is the key question facing advocates around the country today.

Enacted in 1973 – just a few years after President Richard Nixon declared a “war on drugs” – the Rockefeller Drug Laws marked a national shift towards a criminal justice approach to drug policy. The laws required long mandatory minimum prison sentences; even those convicted of first time, nonviolent drug offenses faced the prospect of life in prison. The laws drove an unprecedented explosion of the prison population. In 1973, out of a total prison population of approximately 13,000 individuals incarcerated in 32 New York prisons, fewer than 1,500 were incarcerated for drug offenses.

By 2000, the state’s prison population had ballooned to nearly 70,000 people, over 20,000 of whom were incarcerated under the Rockefeller Laws. New York built 38 new prisons in rural upstate areas to warehouse all the new prisoners as funding for mass incarceration skyrocketed, while funding for community and health-based services to address drug use and dependency was strictly cut back or eliminated.

Unfortunately, New York’s Rockefeller Drug Laws became the national model for being “tough on drugs”. Many states enacted their own version of the Rockefeller Drug Laws, citing New York’s criminal justice approach. Congress, too, hopped on the bandwagon when it passed harsh mandatory minimums for drug offenses in the 1980s. The impact of these unjust and ineffective policies was most noticeable in low-income communities of color, which were suddenly missing entire

generations of young men and women.

Study after study concluded that the Rockefeller Drug Laws failed to reduce drug use or sales in New York, wasted billions of taxpayer dollars, and destroyed communities through mass incarceration.

Racial disparities were also a defining element of New York’s drug policies: over 90 percent of people incarcerated under the laws are Black and Latino, even though Whites use and sell drugs at equal rates.

Despite claims by some special interests that a rollback of the Rockefeller Drug Laws would “return us to the bad old days of crack use in the ‘80s,” the truth is that their enactment did not stop the explosion of crack use in the 1980s and 90s. The laws never fulfilled their stated purpose, and never worked. Illegal drugs remained as available as ever. Advocates – including The Fortune Society, The Drug Policy Alliance, and many others – are now calling for a public health approach to this issue.

By winning real reform of the Rockefeller Drug Laws in 2009, New Yorkers have rejected the criminal justice approach to drug policy – a shift that has reverberated across the nation. States that followed New York’s lead in enacting a criminal justice approach to drugs are now questioning their own policies and looking to New York for answers. Developments on the federal level also signal that change is at hand for our criminal justice and

Congress is also poised to eliminate the sentencing disparities between crack and powder cocaine – long the cause of outrageous racial disparities in the federal system. In addition, Congress recently lifted the ban on providing federal funding for syringe exchange, which is a harm reduction practice essential to reducing the spread of HIV/AIDS. At a July 2009 meeting convened by Governor David Paterson regarding a plan for the implementation of Rockefeller Drug Law reforms, President Obama’s new Drug Czar, Gil Kerlikowske, noted that the Obama Administration was paying close attention to New York as it shifts gears around this issue.

Under the Rockefeller Drug Laws, New York was a laboratory for the politicallydriven experiment that became the “war on drugs”. With real reform of these punitive and counterproductive laws, we can at last take New York in a new direction, creating a national model for drug policy based on public health and safety. To start, we must make Rockefeller Drug Law reforms work by ensuring their proper implementation – addressing health-related issues first in order to reduce the size and scope of the criminal justice system. The Drug Policy Alliance is proud to continue our partnership with The Fortune Society as we forge ahead, advocating for justice and working to create healthier and safer communities. I hope you’ll join us in this effort.

Gabriel Sayegh is Director of the State Organizing and Policy Project of the Drug Policy Alliance (www.drugpolicy.org). For more information, please contact: The Drug Policy Alliance; 70 West 36th Street, 16th Floor; New York, NY 10018.

9 The Fortune News

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Center Stage Selected works from the “Oregon Prisoner Art” Exhibition, held 12/09-02/10 at the Coos Art Museum; 235 Anderson Avenue; Coos Bay, OR 97420 Victoria Tierney, exhibit curator 541.267.3901 “Your mind is unquestionably your most valuable possession. You may lose every material possession you own, but knowledge cannot be taken from you.

With it you can earn a new fortune, build a new home, and buy anything you truly desire. No one else can control your thoughts; even the cruelest tyrant cannot force you to think about something you refuse to accept. When you make a deliberate decision to take control of your mind and feed it positive, constructive thoughts, you are on your way to taking control of your life. The thoughts you allow to dominate your mind will determine what you will get from life.” ~Napoleon Hill

Sheltered

By Francisco Prieto Tennessee Colony, Texas

“Grace” by Steven Abbott (graphite) Oregon State Penitentiary Salem, Oregon

Why would this June be any different from all the ones before?

Kneeling over the living room radiator every summer from our first floor apartment across from the Rabbi Isaac Elchanan Theological Seminary and Yeshiva College on Bennett Avenue and 187th Street, faithfully watching Hispanic neighborhood kids play touch football between parked cars from this barred window has become my personal tradition.

Ironic how you desperately fled Havana for America in search of a “better life”, yet became the dictator you despisingly left behind by turning our lives into an abalone shell.

Habitually pacing the apartment in your worn-out olive green sandals in your usual floral gown with your hair disheveled in its customary style with that familiar sullen glare in your eyes.

“Who Rules” by George Robirts (colored pencil, original in full color) Deer Ridge Correctional Institution Madras, Oregon

Submit your creative work to the address listed on Page 2 of this issue of the Fortune News.

Often I’ve wondered if after twenty five years the transition had been that hard on you, seeing how you managed to mold us into your loyal subjects to the point where Dad’s seen though not heard, and Champion doesn’t wag his tail ‘til 7P.M. when Dad get home from work; ushering him onto the sidewalk to relieve his bursting bladder.

Close neighbors who once frequented our home now distance themselves behind their thresholds to avoid confrontation, as your fear of the city streets keeps you safely at bay within your own.

Expectantly I glance over my shoulder to find you slowly rocking yourself to the rhythm of your evening novella, shuffling my knees across the hardwood floor to your side with an intent to mollify, only to end up grappling over reasons why you should let me go outside before the clock turns to dusk; cowing me once more into submission of your revolution, leaving me daydreaming of clear blue tides washing over white sand.

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Words from the Inside: "Medical Care or Death"

By Paul Ferguson Many states contract at a fixed yearly rate per prisoner with medical service companies to treat prisoners. The size of the company’s profits and employee bonuses are often determined by the company’s ability to treat the prisoners’ diseases without spending the money received from the state. If this sounds confusing, or complicated, or unbelievable, it really is simple enough. The medical services companies are betting they can treat the prisoners for far less than what they are paid to do it. Here’s my first-hand account.

I have been on beta-blockers since my first heart attack in 1982, and I’ve had two bypass surgeries. The second in 1998 after an in-prison heart attack. I did well until 2004, when I was prescribed Motrin 800s to take three times a day for my back pain. As a result, I physically collapsed, suffered hallucinations, and was slammed into the hole and isolated without a conduct violation. This happened twice more, the last for refusing to stand on a chair and wash walls. The guard knew I was an invalid, and I was exempt from all work due to my heart condition, but it made no difference to him. I went back to the hole for another horrendous two months. Once I was re-released into the general population, I collapsed again, was hospitalized for several weeks, and have since been segregated and locked down 24/7 in one prison infirmary or another. Being locked in these infirmaries since 2005 allows me to report precisely what I have witnessed.

about or know what was happening. It was too much, although some things I could not avoid – especially when I knew the guy and he was a friend.

Jimmy Stevenson. I knew Jimmy from the walls. He was 69 years old, had served 20 years, was paroled, and had been back in prison 12 years on a parole violation. His parole officer had caught him with a six pack of beer in the back seat of his car.

Jimmy’s wife had just died and the parole board had given him another five year setback. Now he had fallen in his cell and bruised his hip. It hurt, he said, to walk on it. The doctor gave him a wheelchair.

Two weeks later, over Jimmy’s protests, the doctor took back the wheelchair; he wanted Jimmy to walk, exercising the hip.

Jimmy fell again. Again, he bruised the bone. His inner thighs and legs below the knees turned purple. He could not walk, but the doctor refused him the wheelchair.

He gave Jimmy a walker, and Jimmy again fell down, again bruising his hips and thighs. Jimmy did not bother reporting the fall. He was scheduled to see the doctor a week later. The doctor asked Jimmy for the walker; Jimmy gave it to him, but could not walk out of the hospital building.

The guards partly carried, partly dragged Jimmy into the infirmary and put him in bed.

After they left, Jimmy, lying in bed, uncovered his legs and showed me the bruised hip and purple thighs. He asked me what I thought. I told him. It looked to me like his liver was bad or maybe the falls had ruptured his spleen. He nodded in agreement, saying it hurt like hell. He added, they won’t do anything for me. I’m not going to continue begging them, he said. It doesn’t matter. I’m through with them. Through with it all. He smiled at me, adding, you don’t believe me, man, but you’ve never seen me down in all the years you’ve known me, and you won’t ever see me down again. They can have it. I knew then Jimmy Stevenson was broken. They had finally beat him.

The doctor came into the dorm, telling Jimmy to get up and walk around. Jimmy told him, man, I’m hurt. I’m hurt. Leave me alone. The doctor moved Jimmy to an isolation room. Jimmy refused food and water. He neither ate nor drank, and in 10 days he was dead. At the end he was given morphine for the pain, but otherwise, the only treatment he received was to be told

The first prison death I ever witnessed was straight-forward enough. It was due to a guard being gone on a smoke break with the key to the door of a heart patient’s room.

The patient had a heart attack. The nurse did not have a key, could not find the guard, and the prisoner died – banging on the locked door for help.

There were many deaths at [the last infirmary]. I tried not to get attached to anyone, not to think

11 The Fortune News

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to get up and walk around.

As a prisoner, there are many facts that I cannot know about the conditions and circumstances of other prisoners. In some cases I might be like the blind man, attempting to describe an elephant, but I also just might be the only sighted man in the room!

Vern was slender and gray haired, 62, and easy going, but he had been a hard drug user. For years at the walls in Jefferson City where we met he told anyone who would listen, including prison doctors, that he had leukemia. There was a problem, however – Vern had no symptoms. He wasn’t anemic looking, his lymph nodes were not swollen. He was never tired.

Periodically he suffered swelling of his hands and feet, but the doctors told him it was from arthritis. The doctors refused to even discuss the possibility with him that he had leukemia.

But he did.

On the night before they finally agreed to schedule a blood test for Vern, he was admitted to the dorm at Licking infirmary with swollen ankles. He looked perfectly healthy, and even moved my bed and locker, switching it with those of another prisoner so that we could talk through the night. Vern, in fact, looked and seemed strong until he pulled up his pant legs and showed me his ankles, swollen to the size of softballs.

Forty-eight hours later the doctor showed up with the test results. All bad. Medicine could not help Vern. It was too late. He was suffering advanced leukemia. His white blood cell count was impossibly high. The odds of him surviving the night were ridiculously low.

Later, during the night, Vern woke me up.

He could not sleep, afraid that if he closed his eyes he would never again open them.

I didn’t know what to tell him. Finally, I said, “That’s okay. That’s the way you want to go. You’ll never know it.”

It took three days for Vern to die. He was not uncomfortable, nor did he seem to tire. All he wanted was a cigarette and a cup of coffee. The rules at Licking said you had to be in the infirmary for 30 days, no exceptions, before you were allowed

to purchase coffee, and tobacco was contraband. You could smoke, but you had to go outside to do it. The catch was that you also had to be in the infirmary 30 days to go outside. There were four of us in the dorm besides Vern, and we all had coffee and cigarettes available, but the guards would not let Vern go outside, and would not let us give him coffee or a cigarette. It was the price the guard exacted from us all for being what he referred to as, “the sick, lame, and lazy.” It did not matter that we were actually sick and did not want to be in the infirmary, nor that Vern was dying.

We all had to pay the price.

The U.S. Supreme Court has ruled the Americans with Disabilities Act applies to prisoners. The Court spelled out that prison administrators cannot expect the diseases of the sick and handicapped to adapt to the prison. The prison must adapt itself to the needs of the handicapped and diseased prisoners. The Court ordered prisons to take prisoners as found and stated that, for this purpose, prisons are public service institutions.

Yet prisons continue to discriminate against the elderly and handicapped, while ignoring the sick and diseased in favor of bureaucratic expediency, even when it results in prisoner deaths.

is what you can expect from any health care program that takes choice away from you and places it in the hands of medical care providers that are driven by the necessity of competing against themselves to squeeze more and more profits out of less and less dollars. It might also be important to you because, with the way things are going, you might want to be sure our government is enforcing human rights before you or someone you love finds themselves locked in a prison hospital room with a failing heart, and the guard with the key is no where to be found.

Mr. Ferguson has won three P.E.N. Awards, for drama, poetry, and fiction. People Magazine called him, “a rising star on the literary scene.” In the 1970s, he was the editor of the San Quentin News. In the 1980s, he worked freelancing and wrote “Shipwrecked” for the Selma Times Journal.

In 1989 he published Adventures of the Bar-D. His poetry has appeared in quarterly magazines, including Lucidity in 1996.

Atna Ink recently published his short story book, No War Stuff About God, Anymore.

It’s available on Amazon.com. He has a novel, All Creatures Tremble, scheduled for release in 2010, and he is presently working on a screenplay, “Dandelion High,” with noted author John Kelly.

All of this is important to you because it

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Juvenile Detention and Mental Health in New York State

By Camille A. Morrison The Task Force on Transforming Juvenile Justice, commissioned by New York State Governor Paterson to investigate and report on the treatment of youth offenders in state juvenile corrections facilities, has found that excessive and brutal tactics are frequently employed throughout the system. The shocking results of this report only confirm a heartbreaking state of affairs that criminal justice and youth advocates have long tried to bring to light.

The situation is further exacerbated when these juveniles do not receive adequate or appropriate mental health care, which results in a deterioration of their condition(s). The manifestation of this lack of care is often misinterpreted as “acting out,” behavior for which the penalty is further punishment and/or additional jail time that leads ultimately to a revolving door of youth incarceration.

Several state and local officials, including New York City Council Speaker Christine C. Quinn, have denounced the system Little headway was made on improving and its routinely abusive treatment of conditions in juvenile detention facilities young offenders. Through her response until 2006, when an emotionally disturbed to the report, Speaker Quinn has shown 15-year-old boy died while in the care of support for a restructuring of the system prison officers. A federal investigation, that mirrors the widely-held consensus launched in response to this tragic between advocates and medical incident, found that excessive physical professionals regarding the treatment and force was routinely used to discipline detention of juvenile offenders in general, youth in several juvenile detention and those who suffer from mental health facilities across the state. This treatment, and behavioral problems in particular. which often included prolonged isolation “Placement in youth prisons should be a and the unwarranted use of restraints, last resort,” Quinn stated emphatically, has resulted in broken bones, shattered “and only used for those who commit teeth, concussions and a host of other serious or violent offenses that pose a serious injuries. The findings of this task threat to our communities; those who do force serve to highlight the serious failures not pose a public safety risk simply do not of an institution that is ineffective at belong in these facilities and should not best, and – as far as the treatment of the be placed in them just because there is state’s juvenile offenders is concerned – nowhere else for them to go.” systematically inhumane at worst.

The report proposes that, based on these It is arguable that the root of the findings, most juvenile detention facilities issue is a combination of (1) incorrect for violent or and dangerous individuals categorization of “troubled youth” should be replaced with a system of entering the system, and (2) a model smaller treatment and detention centers of criminal justice whose method located in or near the communities where is correctional-punitive rather than the families of youth in custody live. therapeutic. A significant number of young Recommendation Four of the confidential people who end up in the juvenile justice draft report obtained by The New York system are not incurable delinquents, Times states specifically that the system but rather suffer from an array of “reserve institutional placement for youth serious mental illnesses, drug or alcohol who pose a significant risk to public safety dependency issues, and/or developmental and ensure that no youth is placed in a disabilities. A rational approach would facility because of social service needs.” be for the state to address this as a public health concern, assess the needs of each Low-risk youth who are placed in individual, and treat them accordingly. institutions intended for genuinely Unfortunately, it is more commonly the dangerous individuals are exposed to case in New York State that juveniles with attributes and habits that are detrimental mental health concerns and/or behavioral to their development into independent, issues are systematically warehoused in self-sufficient, and positively contributing inappropriate facilities, where they are individuals. Immersion in this type supervised by untrained detention staff of violent and isolating environment, that is ill-equipped to meet their needs. particularly for youth with mental or

behavioral issues, can change a lowrisk individual into someone who is dangerous to themselves and to others.

The report goes on to state that most youth in the system can be better served by community supports grounded in evidence based principles and practices.

Research indicates that community based alternatives to placement often produce lower recidivism rates than placement in institutionalized facilities.

Our juvenile justice system cannot continue to be a proxy for the professional mental health services that these young people so critically need. Left unaddressed, the situation has the potential to spiral out of control. If, on the other hand, New York makes a commitment to restructure and improve the juvenile detention system, it will be making a long-term investment in the safety and growth of both our children and our communities as a whole.

If you would like more information about community-based programs for mentally ill youth who have been or are involved with the criminal justice system in New York, we recommend you contact CASES, Inc. CASES addresses the needs of Severe Emotionally Disturbed Youth in several of their wellregarded programs. CASES, Inc.; 346 Broadway, 3rd Floor; New York, NY 10013.

212-732-0076.

Camille Morrison has worked with the criminal justice and HIV/AIDS populations for the past nine years.

She has a Bachelors Degree in Criminal Justice and a Masters Degree in Public Administration, both from John Jay College of Criminal Justice.

She worked previously in the non-profit management consulting field but is now the Property Administrator in the Housing Unit of The Fortune Society. Camille is a native of Kingston, Jamaica, but she has lived in Brooklyn for the past 14 years where she spends much time with her family.

13 The Fortune News

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Family Matters Question My son is about to be six years old, and I have not yet held him in my arms. I am in a constant struggle to maintain contact with my him – my babymomma will not write, bring him in to visit me or send me updated pictures. I’m not even on his birth certificate as his father. Is there a way that I could start the process, so in the future I could hold my son and build a relationship with him? Can you please direct me on the right path? Thank you for your time.

Ismael Ortiz-Acevedo Pennsylvania State Correctional Institution Indiana, Pennsylvania

Answer

Courthouse, 4th Floor, Indiana, PA 15701.

After you fill out the paperwork, you should return it to the courthouse and they will send you a copy of the summons and petition. You will then be expected to serve those papers on the mother of your child via mail. Once your court date arrives, the court will likely allow you to appear via teleconference. Because of your close proximity to the courthouse there is a chance the court may have you produced; however, this rarely happens because of the cost involved.

You may or may not be automatically granted a DNA test. The court will weigh all of the facts in the case to make that

Mr. Ortiz-Acevedo,

I think it is great that you are working on establishing a relationship with your child. In order for the court to allow you any visitation, the first thing you need to do is petition for paternity. I understand that you are currently incarcerated, which means that you must first request a copy of the paternity and visitation petition from your local courthouse. In addition, because there are costs associated with filing for paternity and visitation, you should request an In Forma Pauperis affidavit, to allow the court to waive the fees for your case because you have no income. Because you are at Pine Grove, you would write to: Indiana County

determination. After hearing both sides, the judge will rule as to whether or not you are legally the father. If you are determined to be the father, you will be entitled to have some sort of contact/ visitation with your son, even if it is only through letters or phone calls. There are many factors, including cost, age of the child, etc., which are taken into consideration when determining the frequency and duration of the visits, so please keep all of those things in mind.

Remember, the wheels of justice turn at a snail’s pace, so be patient. Ultimately, the court will do whatever it determines to be in the best interest of your child.

Good luck!

Family law expert Jaimee Lynn Nelsen, Ed.M., Esq., received her masters degree from Harvard University and her J.D. from City University of New York School of Law. She worked formerly for the Administration for Children’s Services (ACS) in New York City, where she prosecuted neglect and abuse cases. She has been with The Fortune Society for nearly two years.

Do you have a question for Jaimee?

Please send it to the address listed on Page 2 of this issue of the Fortune News.

*This column is not a consultation with an attorney and should in no way be construed as such or as a substitute for such consultation. Anyone with legal issues or concerns should seek the advice of his or her own attorney.

Food for Thought:

Who inspires you the most, and why?

"My father inspires me the most because:

He was exposed to verbal, mental and physical abuse during his whole childhood in a poor family – yet he has NO criminal record. He is living proof that no matter how poor you were or are; no matter how you were raised; or no matter what environment you were or are living in… there is NO excuse whatsoever for turning to committing crime.

He taught my brother and sister to treat others the same way we would want to be treated, and not to judge or condemn others for their actions.

And most importantly, he believes in me by telling me that no matter what poor choices I’ve made in the past, that I’m a good person that will shine once again…he inspires me each day of the rest of my life!"

~Shayne B. Ogden; Avenel, NJ

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"You would think I would say someone in my family. But as far as finding inspiration to excel at all levels, I would have to say the artists of the world. The painters, musicians, and the filmmakers – they all have a vision they want to share with the world, they all push the envelope and overcome so many obstacles so you

can have just a little taste of the world they live in. That inspires me to not stop writing and learning, and to not be ashamed of my wild imagination."

~Jason Washington; Gouverneur, NY

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Question for Next Issue: What is the one thing you would say to your child if you could see him or her right now?

Please send your response to the question above to the address listed on Page 2 of this issue. Kindly limit your submission to one paragraph or less.

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Education Please send your stories, articles, or creative work to the address listed on Page 2 of this issue.

SUBMISSION DEADLINE: April 15, 2010 Please note that not all submissions will be printed, and that Fortune News reserves the right to edit submissions as appropriate. Submissions that are not printed in this periodical may be selected to appear on the Fortune Society’s blog. The Fortune Society does not provide pen pals. If you are seeking a correspondent, we recommend you contact: WriteAPrisoner.com; P.O. Box 10; Edgewater, FL 32132. With the exception of limited post-incarcerative custody and child support issues, The Fortune Society does not provide legal advice or representation. If you need legal services in New York, we recommend you contact: Legal Services of New York; 350 Broadway, 6th Floor; New York, NY 10013.

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