The State of International Prisons and Criminal Justice Systems

The Prison Issue

The State of International Prisons and Criminal Justice Systems • Primary Document: The First U.N. Congress on the Prevention of Crime & the Treatment of Offenders • Prisons in the Time of COVID-19 • Interview with Arab Bargouthi & the Affects of Parental Incarceration on Children • How to Prepare For A Prison Visit • A Case Study: Drug Decriminalization in Portugal

Eight to Three

The Prison Issue

Primary Document: The First U.N. Congress on the Prevention of Crime and the Treatment of Offenders

In 1957 the United Nations held its first U.N. Congress on the Prevention of Crime and the Treatment of Offenders. The result of these meetings was a comprehensive list of standards for prisons around the world. The Congress addressed the physical nature of prison facilities, the training personnel should receive and programs that should be made available to inmates.

These standards cannot be achieved if prions are experiencing overcrowding and, in fact, the Congress points to overcrowding as evidence that the prison does not meet its standards.

Roy Walmsley, author of the Global Incarceration and Prison Trends report, published in the Forum on Crime and Society, discusses his concern over the rate of prison overcrowding around the globe. In the report Walmsley dives deep into what it says about the justice systems which produce these astronomical population numbers in their detention facilities, and how countries can change their approach to criminal justice in order to curb this issue moviing forward.

The recommendations in Walmsley’s report are as follows: 1. Put in place legislation that limits the use of pre-trial imprisonment to extremely serious cases. And if it must be used, pre-trial imprisonment should be as short as possible.

2. Increase the number of alternatives to a prison sentence: this can include fines, probation, community service, etc.

3. In cases where a prison sentence is unavoidable it should be as short as possible.

4. The increased use of parole and conditional release can help the individual reintegrate themselves back into the community.

5. Use restorative justice practices as an alternative to imprisonment.

1

Eight to Three

The Prison Issue

2

1957

The following are excerpts from this robust report which lays out the U.N. Congress’ discussion on international guidelines for prisons.

Eight to Three

The Prison Issue

3

Eight to Three

The Prison Issue

4

Eight to Three

The Prison Issue

5

Eight to Three

The Prison Issue

6

Eight to Three

The Prison Issue

7

Eight to Three

The Prison Issue

8

Eight to Three

The Prison Issue

9

Eight to Three

The Prison Issue

10

Eight to Three

The Prison Issue

11

Eight to Three

The Prison Issue

12

Eight to Three

The Prison Issue

Prisons in the time of COVID-19 In response to the spread of Covid-19, The Human Rights Watch released a statement bringing attention to the vulnerability of those who are in prison, pointing out that the “risk is particularly acute in places of detention, such as prisons, jails, and immigration detention centers”. This risk factor is even more alarming when you consider the widespread problem of overcrowded detention facilities.

As countries around the world locked down this Spring in an effort to slow the spread of Covid-19, fear and panic heightened in Italy as the country worked quickly to get on top of their overwhelming number of Covid-19 cases. In the beginning of March, four prisoners tested positive for the virus sparking riots in 50 prisons across the country. “It’s evident that so many prisoners are worried, especially in overcrowded conditions, about the impact of Coronavirus on inmates’ health,” Justice Minister Alfonso Bonafede told Agence France-Presse.

Back in 2013 the European Court of Human Rights ordered Italy to take steps to alleviate their overcrowded prisons, they suggested minimizing pretrial detention and making updates to their sentencing process so that it is more just. Today, Italy’s penitentiary system is 120 percent over capacity. There are 61,230 inmates and only 50,931 beds available in prisons across the country. Poggioreale, Italy’s largest prison, has a capacity maximum of 1,644, but as of February 29th 2020 it was recorded that there were 2,094 people imprisoned in this facility.

In response to the frustration and fear, on March 16th, the Italian government adopted a decree that would allow for the early supervised release of prisoners with less than eighteen months of their sentence left to serve. Patrizio Gonnella (head of Associazione Antigone, an Italian prisoners’ rights organization) estimates that the measure could lead to the release of 3,000 detainees.

Here, in California, Governor Gavin Newsom has been widely criticized for not working to protect folks incarcerated in prisons across the state fast enough. Many prisons have responded to Covid-19 by confining inmates to their cells for 24-hours a day. And, according to local news sources, California Institution for Men in Chino, had about 500 active cases and reported 15 deaths around the time it had transferred 120 people to San Quentin State Prison at the end of May. As of August 12, 2020, the California Department of Corrections and Rehabilitation (CDCR) counted 2,232 cases and 25 deaths at San Quentin, concluding that, so far the virus has affected more people in San Quentin state prison than at any other state prison in California. Dr. Neeta Thakura, a UCSF pulmonologist, told Bay Area news outlet CBS SF Bay Area, that because of overcrowding inside of prisons, California state prisons “are currently experiencing infection rates 580 percent greater than the general public”.

Like Italy, Gov. Gavin Newsom has responded by granting early-release to some non-violent offenders in an effort to reduce the California prison population during COVID. In June, 3,500 inmates were identified as qualified candidates for early release due to the pandemic. Many criticize Newsome for not working quickly enough, claiming that conditions in California prisons at this time are in violation of the Eight Amendment which deems cruel and unusual punishment illegal.

The CDCR has taken steps to mitigate the infection risk by installing hand sanitizing stations and regularly scheduled cleaning of the facilities. Groups like the Ella Baker Center for Human Rights in Oakland are advocating for greater protections and conditions for people who are incarcerated in the state’s prison system.

13

Eight to Three

The Prison Issue

Arab Bargouthi, Organizer Salt Water Challenge

The United States has the largest prison population in the world and is home to 2.7 million children with an incarcerated parent—that’s 1 out of every 28 children. There are 1.2 million incarcerated parents whose children are under the age of 18, and two-thirds of these parents are serving prison sentences for non-violent crimes.

Estimated number of parents in state and federal prisons and their minor children, by inmate’s gender.

Source: Data from Glaze and Maruschak (2008).

1,800,000 1,600,000 1,400,000 1,200,000 1,000,000

C

d hil

n re

t wi

cera ar nc hi

rs athe ted f

800,000 on pris s in her t a F

600,000

1

Interviewed by Alexis Wong

go to prison’. Not only is this incorrect and an erasure of the considerable amount of problems that exist in the American criminal justice system, but for the 2.7 million American children (and more abroad) this actively deteriorates and conflicts the bonds they may have formed with their parent, and roots their trauma even deeper. A report

by The Marshall Project reveals that some incarcerated parents in the United States have had their parental rights irrevocably terminated by the courts and others have been forced to give up their parental rights, permanently severing their parent-child bond.

400,000 200,000

incarce Children with 5 192

0 193

rated mothers Mothers in prison 6 193

8 194

4 195

During the course of my research, I thought about the myth we wave off at children (and ourselves) assuring our consciences that ‘only bad people

Arab Bargouthi’s father, Marwan, has spent a majority of his life in-and-out of prison, or in exile. In 2002, when Arab was 12 years old, Marwan began serving the first of his five lifetime sentences. Arab’s experience with the Israeli

Eight to Three

Interview with Arab Bargouthi

criminal justice system has paralleled his fathers’, but from a different vantage point—the trials, the visits, and the exile.

Arab’s story is unique to that of other Palestinians living in the West Bank, but he is diligent in using his experience as a way to shed light on and discuss the broader social conditions of Palestinian families and their relationship to the arbiters of the law in the occupied territories.

In 2017 he organized a viral awareness campaign called The Salt Water Challenge to bring attention to the Palestinian prisoners who, at the time, were engaged in a hunger strike led by his father. Arab was invited to speak to audiences around the world and shared his story with a number of media outlets.

His audiences, and those who interviewed him were primarily focused on the career of his father. And, in some cases calling Arab into accountability for his fathers’ actions. But, Arab’s personal journey, how his community supported him and how the Palestinian Authority

has responded to incarceration, was what I found the most interesting. He paints a candid picture of what it was like for him growing up in the West Bank, being predominantly raised by his mother. An experience that 2.7 million American children can relate to.

Originally my focus was on Arab’s work during The Salt Water Challenge, but as he reflected with me on his experience I pivoted the interview.

Below are excerpts from our conversation in which Arab shares his thoughts on family, trauma, mental health and his approach to the emotional work necessary to live a “normal” in spite of everything.

Note: Details about the American prison system in the margins of this story offer a side-by-side look at how justice involved experiences in these two communities expose the interconnected relationship between Israel and the U.S., particularly in the area of policing. The different political and historical contexts make the direct comparison of the Palestinian and Black experience nuanced, but the instances in which we see them parallel each other is by design.

2

Eight to Three

Interview with Arab Bargouthi

Bargouthi

My father has spent most of his life either in Israeli prison, or in exile as he is a public, political figure. My brother also has been to jail in Israeli prison for more than forty months. And, we basically know many people who either lost their loved ones or have family members in prison…I was representing not only myself, but thousands of Palestinian families.

Bargouthi

He (Marwan Bargouthi) was born in a small village near Ramallah, called Kobar and then he got imprisoned the first time when he was 18, for four and a half years. And then he got out of prison. He’s been his whole life—his whole political life—a member of [the] Fatah movement which is one of the two biggest parties in Palestine, and its connected to the Palestinian Authority now, since 1994. He was exiled from Palestine back in 1987, he came back with the Palestinian Authority in 1994 and then he was elected for the Parliament—for the Palestinian Parliament—in 1996. And then, four years later, the Second Intifada, which is the uprising because [of] the Israeli occupation—we call it the Intifada—[it] happened in 2000. And after that he was arrested again.

Wong

How many years has your father been in prison for, this time around?

Bargouthi

16 years.

Wong

And, what is he in prison for?

Bargouthi

So the official story by the Israeli court is that he is convicted [of] five murders. Not by his hand, but they say that he planned them. But of course, the same court has a conviction rate of 99% against Palestinians. So if you’re a Palestinian there’s a 99% chance that you’re [going to be] convicted. Basically, he was the face of the second Intifada and they didn’t like that. Law experts came and studied the case and said, ‘There’s no way that we can conclude that he has anything to do with these.’

3

Eight to Three

Interview with Arab Bargouthi

Bargouthi

He has been teaching prisoners inside prison for years now. 100 prisoners have graduated with Bachelor’s degrees from him and almost forty-one prisoners have got Master’s degrees. Basically what he does is that he has 120 prisoners in his [classes]—to give you some perspective, the whole number of prisoners is now around 6,000 to 6,500. And he’s been working to make them, basically, future leaders. Some of his success stories—I met them and one of them couldn’t read or write before, and now he’s a doctor in the American University in Jenin—he’s doing great. And that’s basically the work he’s doing now. He’s focusing on education, he’s focusing on reading—he reads almost 10 books a month. Yeah, he’s obsessed with reading and education.

Bargouthi

I was born in Jerusalem because my dad didn’t want me to be born outside of Palestine. So he, and my mom as well, they agreed that she is coming here (to Jerusalem) because he was not allowed to come to Palestine. She came here, I was born, I went back to Jordan, I lived four years with my parents and then we all came back to Palestine. We were allowed to come back to Palestine in 1994. I lived, with the whole family—he lived with us—until 2002. So I would say another 8 years. And when I was 12, he was arrested on April 15, 2002. And it was an Intifada where you’re not allowed to go outside in the streets or you would get shot by Israeli soldiers. It was a military invasion [of] the whole West Bank. Bombing everywhere. I’ve seen in my own eyes all the tanks and shooting and the bombs near the house. The Israeli soldiers came to our house and stayed for five days. They looked through and put us in two rooms and took over the whole house and put the Israeli flag on our balcony. So it was a very, very tough period.

And I was just a kid, I didn’t know what’s going on and then I heard, I saw on TV, my dad surrounded

by Israeli soldiers in Ramallah.

And that’s when I knew that this is gonna be like a long time when I’m gonna see him again. I saw him after that in the court, a few months later. And that historic picture that we have, on many walls in Palestine, was taken that day. And I was at that court, I was 12 years old, and I was slapped in the face by one of the Israelis who knew that I’m his son. And I-I ran away and [an] Al Jazeera reporter had to protect me before they attacked me. After that I would see him twice a month until I turned 16. After I turned 16, I would see him maybe—it depends on their mood—sometimes I see him every three, four months and sometimes I don’t see him for years. For example, when I came back from the U.S. I saw him five months after I came

4

Eight to Three

1/3 of young people in the U.S. will have been arrested by age 23. This is true for 1/2 of Black people.

VERA Institute Instagram August 15, 2019

Interview with Arab Bargouthi

back and it was the first time [in] three years because I was forbidden to go. I was banned to go and visit him. My mom has been banned for two years. A year and a half, I would say—since the hunger strike. And the reason for them is because she supported the hunger strike. So when she protested, when she talked to the media and stuff like that, they banned her for two years as a punishment. They don’t only punish, or make the prisoner suffer, they make the whole family suffer. So, my niece is four years old now and she hasn’t met her grandfather in her whole life. She’s five years actually. And she’s not allowed to see him. I haven’t touched my father for 16 years. These—and what I want you to understand is that this is just one story of Palestine.

Because it represents many stories, but we have many other heartbreaking stories. Like my dad’s cousin who spent 53 years—one of the longest political prisoners in modern history. He stayed there for 53 years. When he left, his old[est] son was three years old and the younger one was one year old. And, when they turned early twenties, they both went to prison and stayed, with him, for another ten years. And when he was released, he left one of them in there, and he’s still in there. So you’re talking about 25% — like this number is scary—25% of Palestinians since [1967] have been imprisoned at least once in their life. And I would believe that because I live here, and know people, and see like the—[in] all the generations you rarely see someone who never was in trouble, because [of] the Israeli occupation. So, now you have an insight, maybe of the whole story.

Wong

What other aspects of Palestinian society does prison touch?

Bargouthi

I mean, it touches everything [in] the Palestinian community.

The other day I was in a bar just chilling and I was talking to someone and then I ran into somebody who happens to be a sister of a prisoner who’s staying with my dad. And it was like, ironically funny and sad at the same time that we started discussing the visits and how hard it is to go visit [the] prison because you have to wake up at six in the morning, and then go [in] the Red Cross busses, through many check points, and then go to the prison where you have to wait to visit him or her for forty-five minutes; where you have glass—we have glass between us—and we only talk through the telephone. I mean you spend the whole day [there]. You come back in the early night time—for only forty-five minutes. And they do that on purpose. They do that to punish the prisoners and show them that we can do whatever we want to your families, and we can make them suffer, and we can arrest them whenever we want.

5

A person imprisoned for their political beliefs or actions.

Central Connecticut State conducted a study which showed that children of incarcerated individuals are on average three times as likely as other kids to be “justice-involved”. But many feel that this point hasn’t been adequately studied.

Conway, James M. and Edward T. Jones. Seven out of Ten? Not Even Close: A Review of Research on the Likelihood of Children with Incarcerated Parents Becoming Justice Involved.

Central Connecticut State University, 2015.

A study by the Crime and Delinquency journal found that on average, inmates in Florida receive only two visits from loved ones during the entire length of their sentence. The study states that people who receive frequent visits from their loved ones do better while they’re in prison and after they’re released. They found that there were a few barriers that contributed to low visitation numbers: 1. Most inmates are sent to prisons more than 100 miles from their homes

Eight to Three

Interview with Arab Bargouthi

And, that was the case when they arrested my brother, Qassam, who was coming to visit from Egypt where he was studying at the age of 18. And at the crossing between Jordan and Palestine they stopped him and he was just coming with his luggage and he didn’t expect anything to happen to him. And they were like ‘We want to talk to you.’ They took him to another room, and then to another room, and then to another room, and [it] turned out that he stayed in prison for three and a half years, just to put my father under pressure during his interrogation at that time. That was back in 2003, until 2007.

Bargouthi

He (Qassam) was in Egypt taking his first semester as an 18 year old who just graduated from high school. And any Palestinian has to go through this—we’re not allowed to have an airport and we’re not allowed to use the Tel Aviv airport. So we must go through Amman, Jordan, to travel anywhere. Through busses, checkpoints and stuff like that. And we go then to Jordan - to Amman - to the airport to go anywhere. And when you go from Jordan to Palestine or Palestine to Jordan, you have to always go through three security checks. The first one is the Palestinian, then the Israeli, then the Jordanian. Then the other way around [when you’re coming into Palestine].

Bargouthi

Qassam was going through the trial and they asked for 15 years for him. Their story is that he was in a car that was involved in a shooting against Israeli soldiers, even though the shooting was on a different date than [when] he was in the car. But that was enough of an excuse to keep him. But the main, main reason was that my dad was going through interrogation [at the time] and they wanted to put more pressure on him. And, as for why they released him (Qassam) is because we hired a very well-known Israeli lawyer who took his case. And after asking for 15 years, he (the lawyer) made a deal with them for 39 months. And he (Qassam) was released in March 2007 after being there for 39 months.

6

2. A lack of transportatio 3. The costs associated with missing work to go visit 4. Inability to find child care

The rate of wrongful convictions in the U.S. is estimated to be between 2-10%.

Meaning there is between 46,000 – 230,000 innocent people locked up right now. The Innocence Project works to get innocent people released from prison.

The Kalief Browder case and The Central Park 5 case are two well known instances of wrongful convictions.

Eight to Three

Bargouthi

Interview with Arab Bargouthi

So what the Palestinian Authority does [is] they give, I think something like $500 or something like that, for every Palestinian prisoner’s family. And the Israelis have been fighting tirelessly to stop these funds.

7

Here are a few examples of what people receive upon their departure from prison.

These are all one time payments.

In the UK: 46 Pounds (equivalent to !56.68)

Bargouthi

Bargouthi

The arrest or detention of an individual in a case or instance when there is no likelihood or evidence that they’ve committed a crime.

The United Nations created a working group tasked with investigating cases of arbitrary detention happening around the world.

Their mission is to work with countries to stop this practice which deprives individuals of their liberty and is inconsistent with the international standards set in the Universal Declaration of Human Rights.

1

About 2/3 of the more than 740,000 people held in local jails across the country have not been convicted of a crime – they are waiting for their day in court. The largest contributor of this is cash bail.

VERA Institute Instagram April 23, 2019

So for the payment—between !500 and !600, I don’t know the exact number because we don’t receive it as my dad is a parliamentarian. And the other thing is that its paid on a monthly basis to the family of the prisoner. And this is one of the things the Israeli government is attacking the Palestinian Parliament for.

So the hunger strike started back in 2017. And it started because thousands of Palestinian prisoners were imprisoned and living in really poor conditions. They were asking just for their very basic human rights, and that was the thing that really annoyed me the most—[it] was like, you’re imprisoning, arbitrary arrests here and there, and you’re putting them in administrative detention—which is literally putting someone into prison without even visiting the court, without having any trial,1 which is of course illegal [under] international law. So, you’re basically in prison, you have no idea why you’re in prison, and you spend three to six months, whatever they choose, and then it gets renewed whenever they want. So, for example two of my cousins have been in prison for two and a half years, in administrative detention. Which is illegal in any international court. So they were protesting that, they were protesting the poor conditions, family visitations, AC’s in the dessert prisons, giving the prisoners who were sick with cancer and stuff like that—giving them better treatment because they were not getting treated. Like, he, they have no rights inside prison. And this was the point where I was like, ‘I have to do something’, ‘I have to let everyone—as many people as I can in the world [know] that we have 1,500 Palestinian prisoners going into a hunger strike for these conditions’. The conditions were the thing for me. Like, they were asking for their very basic human rights. They’re not asking to be released or something, you know what I mean? So I did the Salt Water challenge. I wanted to tell the story to every single person not only in the U.S., but everywhere. And I was touched by the overwhelming support from the world. I got videos from South Africa, Britain, U.S., Argentina. People went on hunger strike in solidarity in Morocco, in many other cities. And that was the goal; to let everyone know.

In the state of California: !200 In the state of New York: !40 Dollars and a bus ticket back to their county of conviction, which isn’t always the county they’re from or planning to settle back into.

When a person is held without a trial and without having committed an offense.

It’s done on the grounds that they plan to break the law in the future. It is utilized as a preventative measure so there’s no time limit to how long people can be kept in detention. The person is detained without legal proceedings by order of the regional military commander, based on classified evidence that is not revealed to them so they are unable to challenge their conviction.

Eight to Three

Interview with Arab Bargouthi

Wong

What was your toughest speaking engagement?

Bargouthi

I would say. So, one of the toughest? Maybe it was Democracy Now! because it was quite emotional. [And] another speech I gave in Los Angeles, because at that time I was just finishing from a rally in San Francisco and I went right away to the airport and then to Los Angeles, then we went right away to the event. And you know it’s a hunger strike so I didn’t have any appetite to even eat or be healthy or anything so I was feeling dizzy when I was speaking and I was gonna fall but I hadn’t. So I would say that physical[ly] was very challenging to me. And whenever I speak about emotional stuff, because for the hunger strike, I mean I, I didn’t speak out about this issue until the hunger strike took place. That changed everything for me and I was like [[audio cuts out]] and its even healthier for my own mental health to speak out about my experience.

Bargouthi

When people ask me, in Palestine, ‘How is your father?’, ‘How is he doing?’, ‘Is he gonna be the next president?’, or stuff like that—and this is, like, I genuinely don’t care about that. Because for me he’s been in prison for 16 years. So basically, I’ve never had the chance to live with him a normal life. To visit France, to travel together, to ask him questions whenever I need his wisdom. And that was difficult for me. Because at first—I mean, if you asked me to do this interview two years ago, I don’t think I would have done it. Because I—two years ago and before that, I didn’t want to talk about it. It was something that, that I couldn’t even communicate. So after that (the hunger strike) I was like, ‘C’mon man, you have to share this with everyone.’

And the first time I did was in San Francisco before the hunger strike. And I was so nervous. And I—like this is the first time that I’m speaking about personal feelings. This is not something I’m familiar with. But then I was like, ‘I have to share this during the hunger strike,’ and I started.

Bargouthi

When I thought about getting into politics my mom was like, ‘I can’t take it. Your dad is enough.’ Because here politics doesn’t mean to go, with a suit, to the office.

That might be the case if you’re working in something that has to do with the environment or something like that. But in Palestine, if you’re in politics, there’s a really really slight chance that you’re gonna be out of prison your whole life. A very slight chance.

8

Eight to Three

Interview with Arab Bargouthi

Bargouthi

I was kinda feeling guilty that I’m not doing politics.

Because many people—even when I was in the U.S.—were like, ‘Hey man, you really must go into politics, you have it in you, you’re a natural.’ Stuff like that. But at the same time, as I told you, it’s like, we live once, and I just wanted to do whatever I feel that will help. And, regarding my dad – whenever someone asked me ‘Hey man, when is he gonna be free?’ For me, I mean, this is a stupid question to be honest. Because, because if that’s not freedom of soul, if that’s not freedom that he’s practicing, even inside prison—educating people, getting knowledge. And the best thing is that when I visit him, I see how positive he is. I mean, always smiling. Talking about the future. So for me yeah, to come and tell me, ‘When is he gonna be free?’, c’mon man. What is freedom? You know what I mean?

Bargouthi

I’ve had the best support system in my life, which is my mom. She’s someone who’s dealt with a lot in her life. When she got engaged to my dad, he was in prison, he got out, they got married, he went back to prison. They had their first son, which is Qassam, and then he (Marwan) was wanted by the Israeli military when Ruba came, so he was running away. He didn’t attend any of our births for political reasons.

When you see someone who’s dealt with that her whole life, and then she raised four kids—that’s something challenging.

So when you see that, and live with that on [a] day-to-day basis, trust me, its gonna give you a lot of strength. She taught me a lot. I would say my dad is my teacher, he’s my role model and everything. But when it comes to my mom—she’s a real life hero. Because she’s [gone] through a lot and sacrificed everything for us. And whenever I talk about my dad, I mention my mom because as they say—she’s the backbone of the family. And he recognizes that, and he always makes sure that we take care of her.

Arab understands what has shaped the Palestinian relationship to the justice system and how certain identifiable patterns are perpetuated, but that kind of awareness comes with age and time spent actively learning about these systems. Emotional work, especially for children, requires support. We must

9

Eight to Three

Interview with Arab Bargouthi

begin to actively and critically consider the ways in which the criminal justice system is brought into the lives of children through their incarcerated parent, and what it could mean for this vulnerable group as they grow up. There are very few resources that engage minors and assist their caretakers in navigating parental incarceration. Black and brown communities in America know how likely it is to find yourself justice involved if you live in a certain neighborhood, have a certain skin color, or have a loved one who has experience with the criminal justice system.

10

Eight to Three

The Prison Issue

How to Prepare for a Prison Visit

Before Approval Make sure you’re on the list of approved visitors if you’re 18 years or older. It’s smart to get this done ahead of time. Pre-approval means that the facility has already done a background check. Some facilities may require that children be authorized as well.

What You Can Bring Personal identification, a single car key, cash for the vending machine (in small bills), and eyeglasses are usually allowed into the visitation room. Each facility has their own rules and sometimes there are restrictions on bringing food and gifts.

Come Early It takes about 15-20 minutes to fill out paperwork and you’ll be searched before entering the visitation room; children will be searched as well.

During Clothing Visitors could be denied visitation if their outfits violate the dress code policies of the facility.

Showing Affection Handshakes, hugs and affection (nothing crazy) are usually allowed at the beginning and end of the visit. Physical contact is limited out of fear that visitors will try to sneak contraband to inmates.

Pay Attention to Your Kids Make sure they’re behaving – you don’t want to lose your (or their) visiting privileges. Prison Fellowship recommends that you visit alone the first time so that when you bring a child you are able to explain to them, step-by-step, what they can expect prior to the visit.

After Stay in Touch If you want to write your loved one in prison you should contact the facility to make sure that you have permission.

Be Encouraging Find out what programs they can get involved in to help them cope with life in prison. If it applies to them, suggest a reentry class to help them with the transition back into life outside of prison.

Get Involved It could also be helpful for you to find groups or organizations you can join that support people with loved ones in prison or that support people who are in prison.

Instructions adapted from the Prison Fellowship website

1

Eight to Three

The Prison Issue

1

A Case Study: Decriminalization in Portugal For forty years Portugal was under authoritarian rule by Antonio Salazar and his regime who, through a number of means, kept Portuguese society docile, weakened important institutions and suppressed education. In 1974 a military coup ended the Salazar regime and opened the country up to markets and influences it hadn’t had access to before. So, when drugs like weed and heroin were introduced to the country, Portugal was unprepared to deal with what came next. By the early 80’s, one-in-ten people were heroin users and at the peak of the country’s drug crisis it was recorded that the rate of HIV infection in Portugal was the highest in the European Union.

Officials knew it would be difficult for Portugal to establish and maintain a healthy democracy until the rate of drug use was addressed. This led Portuguese lawmakers to decriminalize all drugs in 2001. They reclassified low-level criminal charges for possession and consumption to administrative violations, and expanded their treatment and harm reduction services.

If someone is caught with a personal supply of drugs, law enforcement is able to respond in a few ways: 1) The individual is given a warning, 2) pays a small fine, or 3) is made to appear in court in front of a local commission comprised of a doctor, a social worker, and a lawyer todiscuss harm reduction, treatment options, and the support services available to them.

Not long after these laws were in place, the number of people who were arrested and sent to criminal court for drug possession declined by 60%. The percentage of people in prison or jail for drug law violations decreased from 44% in 1999 to 24% in 2013.

The ideology that binds government and civil society together in the service of those who are in need, is rooted in these three tenets: 1. There are no such categorizations as a hard or a soft drug, only a healthy or unhealthy relationship with drug(s).

2. A person’s unhealthy relationship with drugs is the result of a troubled relationships with loved ones, the world around them, and/or with themselves.

3. The eradication of all drugs is impossible.

Following the decriminalization of all drugs there were dramatic drops in the amount of drug use, HIV rates, overdose deaths, and drug related crime and incarceration rates. Once the decriminalization policy was in place it made it easier for local service providers - like health care, employment, housing, etc. – to work together and serve their communities all over Portugal.

Eight to Three

Decriminalization in Portugal

Can the Portuguese approach be exported?

2

California Prison Population 1851 – 2015 600

The United States addressed its drug problem by launching an all-out “war”. The War on Drugs was a series of laws and policies that attempted to prevent the use of certain drugs by deeming their use and possession punishable by law. Federal and state policies were the mechanisms for the War on Drugs and categorically failed to end or even deter drug use. Instead, the policies set forth during the “war” became the most generous contributors to the overcrowding of U.S. prisons and jails. The battlfields of this “war” were almost exclusively poor Black and brown neighborhoods across the country. As the war waged on, U.S. jails and prisons began to reach capacity imprisoning predominantly Black and brown individuals.

And then, they reached overcapacity.

Today, more than 80% of the 1.5 million drug arrests made by U.S. law enforcement each year are for drug possession and don’t involve any violent offenses. The Policy Alliance estimates that on any given day there are 133,000 people in U.S. prisons or jails (63,000 of those people are being held pre-trial) for drug possession. Slowly, states across the country are legalizing Marijuana and looking into the effects of the opioid crisis.

These are good first steps but what is critical for lasting change is a shift in understanding.

U.S. State and Federal Prison Population 1925 – 2017 1,500,000

1,000,000

500,000

0 2 4 6 8 0 2 1 7 5 30 0 6 2 8 4 6 8 4 192 19 193 194 194 195 196 196 197 197 198 199 199 200 200 201 201 201

Data source: Bureau of Justice Statistics

The War on Drugs began in 1971 and by the early 1990’s the Tough on Crime rhetoric entrenched both the Republican and Democratic party. These two ideologies caused prison population to grow quickly and dramatically.

400

200

0 1850

1875

1900

1925

1950

1975

2000

Data Sources: California Department of Corrections and Rehabilitation, Office of Research (2016). Rate per 100,000 population.

In 2017, Susana Ferreira (a reporter for The Guardian) traveled around Portugal looking to understand the effectiveness of the country’s drug policy enacted sixteen years before.

Ferreira wanted to know why Portugal was so unique in its ability to implement such radical drug policies, while at the same time connecting and, in some cases, creating the institutions to support it. She wanted to know what it might take for other countries to successfully implement similar initiatives. What I found interesting about Ferreira’s reporting were her notes on the importance of a cultural shift in the lasting efficacy of Portugal’s drug decriminalization policy. For example, the use of the word drogados (junkies), was largely dropped from Portuguese lexicon. People began using more sympathetic, person-first language, referring to individuals as “people who use drugs” or “people with addiction disorders”. Ferreira found that the policy was actually a byproduct of this transformation that had begun to occur among civil society prior to its implementation.

And, after the policy was enacted, this cultural shift continued to progress, helping to solidify the efficacy of the decriminalization policies long term. What we are missing here in America is the person-first thinking required to truly address drug use and addiction.