Questions about basic inmate rights/privilages

[CivilianKano]

What is the name of your state (only U.S. law)? Florida

Thank you in advance for your time on this forum. I have been in communication with a dear friend of mine who is currently in jail. She called me last night asking me if i have received her letters yet, and i havent. Just today in the mail i received 2 of them, her letters dated the beginning of April and the stamp on the envelope is from yesterday (2 weeks after the date). Contact with the outside world is important and i know how expensive and financially complicated it can be getting money on your books and making phone calls- so letters are important but should not take 2 weeks to get to me. The jail is located 5 minutes from my house.

Another thing she mentioned is that they have not allowed them to go outside but once a week. I always thought it was legally mandatory that inmates are given the option to go outdoors for the minimum of one hour a day? She also said the health inspector is coming this week and only NOW is she getting proper cleaning supplies. In her second letter addressed to me, she practically rewrote the first letter because she was worried it never got to me- she said she saw "everyone's letters on the floor" (no elaboration). When i asked her to fill out a grievance, she said they dont give them out anymore. Every girl in her cell has grievances, and she is the "house mom" so finally after a week they gave them ONE single grievance so she had to give it to the girl who needed it the most. I would suppose filling out a grievance for more grievances is out of the question. I called the jail today to let them know that people care on the outside and to inform a supervisor of what was going on. The super visor snapped at me and directed me to call the sheriff to file a complain- i was hung up on/connected to the sheriff and when i explained to her what was going on- she interrupted me and told me to contact an attorney. I asked her if there was anything she can do directly without resorting to speaking with an attorney and she interrupted again and said "call an attorney". Is this just a way to get rid of accountability or do i have to find and pay an attorney to get these people some decency? I know the girls in there arent angels, but my friend is a genuine person stuck in there before her trial. Never the less they are all human beings and deserve some basics, what do you think is my best course of action? I understand rights in jail are limited; but are there basics like cleaning supplies, recreation limits, mail delivery, access to grievances etc? She hasnt been sentenced yet, and i want to help her as much as i can. I imagine if she caused a stir it can only backfire on her given her environment.

I appreciate your time, expertise and most of all professionalism.

 

[Eekamouse]

You are mistaken if you think you have a say in how prisoners are being treated in jail. Your friend is finding out that jail is far from pleasant. Welcome to reality.

 

[Silverplum]

What is the name of your state (only U.S. law)? Florida

Thank you in advance for your time on this forum. I have been in communication with a dear friend of mine who is currently in jail. She called me last night asking me if i have received her letters yet, and i havent. Just today in the mail i received 2 of them, her letters dated the beginning of April and the stamp on the envelope is from yesterday (2 weeks after the date). Contact with the outside world is important and i know how expensive and financially complicated it can be getting money on your books and making phone calls- so letters are important but should not take 2 weeks to get to me. The jail is located 5 minutes from my house.

Another thing she mentioned is that they have not allowed them to go outside but once a week. I always thought it was legally mandatory that inmates are given the option to go outdoors for the minimum of one hour a day? She also said the health inspector is coming this week and only NOW is she getting proper cleaning supplies. In her second letter addressed to me, she practically rewrote the first letter because she was worried it never got to me- she said she saw "everyone's letters on the floor" (no elaboration). When i asked her to fill out a grievance, she said they dont give them out anymore. Every girl in her cell has grievances, and she is the "house mom" so finally after a week they gave them ONE single grievance so she had to give it to the girl who needed it the most. I would suppose filling out a grievance for more grievances is out of the question. I called the jail today to let them know that people care on the outside and to inform a supervisor of what was going on. The super visor snapped at me and directed me to call the sheriff to file a complain- i was hung up on/connected to the sheriff and when i explained to her what was going on- she interrupted me and told me to contact an attorney. I asked her if there was anything she can do directly without resorting to speaking with an attorney and she interrupted again and said "call an attorney". Is this just a way to get rid of accountability or do i have to find and pay an attorney to get these people some decency? I know the girls in there arent angels, but my friend is a genuine person stuck in there before her trial. Never the less they are all human beings and deserve some basics, what do you think is my best course of action? I understand rights in jail are limited; but are there basics like cleaning supplies, recreation limits, mail delivery, access to grievances etc? She hasnt been sentenced yet, and i want to help her as much as i can. I imagine if she caused a stir it can only backfire on her given her environment.

I appreciate your time, expertise and most of all professionalism.

As a professional not-attorney, I professionally offer you this information I professionally googled:
http://www.dc.state.fl.us/oth/faq.html

 

[Eekamouse]

As a professional not-attorney, I professionally offer you this information I professionally googled:
http://www.dc.state.fl.us/oth/faq.html

Never have I seen a more professionally presented response to a post.

 

[Proserpina]

It's sometimes difficult to discern between truth and hyperbole.

Perhaps you're not being given the whole story, OP?

 

[Isis1]

i'm going to answer one portion of the OP's post.

all of the letters are read. by an officer. each. and every. one. now....how any officers are reading letters? how many letters are written in a day per inmate?

that's ALOT of reading. my eyes are glazing over just thinking about it. so just because the distance is 5 minutes..doesn't mean the delivery is 5 minutes.

 

[CivilianKano]

i'm going to answer one portion of the OP's post.

all of the letters are read. by an officer. each. and every. one. now....how any officers are reading letters? how many letters are written in a day per inmate?

that's ALOT of reading. my eyes are glazing over just thinking about it. so just because the distance is 5 minutes..doesn't mean the delivery is 5 minutes.

The letters income to the jail are screened for suspicious items, drugs etc. I think it is impossible to read every single letter, im sure they have every ability to do so. However, if you have ever dealt with anyone from the department of corrections, the allegations of illiteracy might be true. But my post has to do with outgoing mail. It is stamped with "Attention: this letter originates from the *** *** County facility inmate mail is uncensored. The sheriff cannot assume responsibility for its contents" so one would assume they couldnt possibly waste their time reading every outgoing letter either.

Some of you replying are not attorneys or have no experience in the matter and want to chime in to make light of the situation. I wish i could enjoy your commentary but it isnt helpful. If you indeed think every person who is in jail is automatically guilty, i hope that you never make it to a courtroom with that attitude. I also would like to remind you that even the worst malcontents are human beings- if you dont care about their treatment then where would you draw the line? torture? physical punishment? I dont need to remind you that we live in a country with the largest incarcerated population in the world; it could be possible that some of those people are nonviolent human beings that deserve to have 1) minimum access to outdoors 2) access to cleaning supplies as to not live in a filthy squalor 3) access to grievance forms to inform a supervisor of fowl play and 4) mail delivered to the outside world. Most importantly i have a degree of expectation when speaking to a public servant to be treated with dignity. I am not behind bars, i am a tax payer, and to bark over me to "speak to an attorney" is hubris. Im asking anyone here with legitimate legal experience for a professional opinion. Should i speak to a real attorney about this?

 

[Zigner]

The letters income to the jail are screened for suspicious items, drugs etc. I think it is impossible to read every single letter, im sure they have every ability to do so. However, if you have ever dealt with anyone from the department of corrections, the allegations of illiteracy might be true. But my post has to do with outgoing mail. It is stamped with "Attention: this letter originates from the *** *** County facility inmate mail is uncensored. The sheriff cannot assume responsibility for its contents" so one would assume they couldnt possibly waste their time reading every outgoing letter either.

Some of you replying are not attorneys or have no experience in the matter and want to chime in to make light of the situation. I wish i could enjoy your commentary but it isnt helpful. If you indeed think every person who is in jail is automatically guilty, i hope that you never make it to a courtroom with that attitude. I also would like to remind you that even the worst malcontents are human beings- if you dont care about their treatment then where would you draw the line? torture? physical punishment? I dont need to remind you that we live in a country with the largest incarcerated population in the world; it could be possible that some of those people are nonviolent human beings that deserve to have 1) minimum access to outdoors 2) access to cleaning supplies as to not live in a filthy squalor 3) access to grievance forms to inform a supervisor of fowl play and 4) mail delivered to the outside world. Most importantly i have a degree of expectation when speaking to a public servant to be treated with dignity. I am not behind bars, i am a tax payer, and to bark over me to "speak to an attorney" is hubris. Im asking anyone here with legitimate legal experience for a professional opinion. Should i speak to a real attorney about this?

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[anearthw]

2 weeks is not unreasonable given the standards of processing prison mail. While you and your friend are genuinely communicating, you know that there is illegal activity and communication daily - it goes well beyond simple reading, there are some amazing methods used, particularly through gangs. If you feel that the offenders are not being given their rights to xyz treatment/resources, perhaps you can contact an offender advocacy group. Yes, while it has been shown that innocent people go to prison, it is rare and certainly reasonable for posters to call them guilty as many of the offenders made that statement themselves in court.

 

[quincy]

You might want to contact your area ACLU and relate to them the problems your friend is having with mail delivery.

Here is a link to an article written by Lisa Roose-Church that appeared in the Detroit Free Press yesterday, covering problems with mail delivery in Michigan's Livingston County Jail: http://www.freep.com/article/20140416/NEWS06/304160068/ACLU-Livingston-County-Jail-inmate-letters-postcards. The problems are not confined to Michigan.

Here is a link to an ACLU pdf file you may find interesting: http://www.aclu.org/files/images/asset_upload_file863_25741.pdf

Or you can contact a "real attorney" in your area to discuss the matter.

 

[anearthw]

And as a professional, I would have hung up too, had you personally called me. They do not have the time and resources to deal with accusatory phone calls. There are processes in place for formal citizen complaints with corrections. It is a prison, there are complaints all day long, the process exists for that reason. You have no right to be entertained in such a manner, and I say that as a professional who is rather sympathetic to the rights of offenders.

 

[Ladyback1]

1) minimum access to outdoors 2) access to cleaning supplies as to not live in a filthy squalor 3) access to grievance forms to inform a supervisor of fowl play and 4) mail delivered to the outside world. Most importantly i have a degree of expectation when speaking to a public servant to be treated with dignity. I am not behind bars, i am a tax payer, and to bark over me to "speak to an attorney" is hubris. Im asking anyone here with legitimate legal experience for a professional opinion. Should i speak to a real attorney about this?

1) if they are on "lock-down" they will not necessarily be given access to the outdoors (and many other amenities).
2) access to cleaning supplies? Ummmmm.....they are living in jail cells that are not that big, the toilets and sinks are most likely one piece--thus limited cracks and crevices. Inmates aren't handed cleaning supplies because those supplies can (and have been) used as weapons against guards and other inmates.
3) There is no "fowl" play in jail. Last I checked, chickens, ducks, etc. were not allowed in jail. Now, if there is FOUL play? That's a different story. But first, you would have to be there and see what is going on. As someone who HAS had experience with inmate populations (first hand, and second hand through my sister and niece who were employees of the Texas DoC, and assigned to a Max Sec. facility, and my Ex husband who was a jailer in a county lock up): INMATES LIE. INMATES make a big deal out of things when there is nothing there!
4) Mail was delivered to the outside world. #1--whether you believe it or not, the mail is "screened" (not censored) but screened. #2--just because she wrote on April 1, doesn't mean it actually got sent out on April 2! Most places have a schedule of when mail is picked up to be sent out, they don't do a mail drop every day!

Now, while you have certain expectations--The public servant also has to deal with all sorts of friends and families who are bent out of shape because their loved one is in jail. And those friends and families are often in denial that their loved one is in fact a CRIMINAL who will do and say whatever it takes to get out of trouble or cause trouble.

Perhaps, you should be a little more wise that your friend is in jail--and jail changes people. It could be that your friend just isn't happy with her circumstances and thinks she deserves better. To get the better? She's gonna have to quit making bad decisions, and start taking responsibility.

 

[dave33]

Civiliankano, The problems you are having are common. Unfortunately the fact is you will not be able to fight the prison with any sort of favorable outcome, lawyer or no. One thing that you said is very important, "she isn't sentenced yet". Different laws and prison policies effct sentenced and unsentenced inmates. If you are not sentenced than you have very little. Life will change dramatically when your friend is sentenced. Many prison systems make an unsentenced inmates life a living hell (some would say to encourage the person to take a plea deal become sentenced to have access to more privileges and generally abetter life).

It does seem a bit ridiculous that the person (by law) that is innocent is subject to misery. The fact is that most (if not all) prisons are over full and the limited resources go to the sentenced inmates.

My advice is at this point do not waste your time and resources. Wait for her to be sentenced or released. goodluck.

Also, do not contact the administration and bring attention to your friend. Some very nefarious things happen behind the walls and as the governor of my state put it when negotiating with the staff, "these are not honorable people I am dealing with". Many of them act like inmates themselves so you do not want to bring unwanted attention to your friend. She is in a very vulnerable position.

 

[rebeccainak]

Jailer here-

Prisoners have the right to food, clothing and shelter. They also have the right to contact and speak to their attorney, attend law library and have recreation space. The rec space does not necessarily need to be outside. They have the right to use the telephone if behavior is appropriate for non attorney calls.

My jail has over a thousand prisoners. I often get complaints about the time it takes for people to receive mail. There are several things at work here:

All mail is screened or scaned- thats a lot of mail
the post office often processes mail at a location far away from where the mail was sent- hence, you may be 5 miles away but the processing center is 50 or more.

It always alarms me when prisoners complain they can not use the grievance system. I would suggest you speak to your local ombudsmans office to resolve your issues.

 

[HighwayMan]

I think it is impossible to read every single letter, im sure they have every ability to do so...

This seems to be a contradiction.