Condition in - Florida ! - Law - http://maxpages.com/prisonministry/Florida

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FLORIDA:

The living conditions on death row

Early this month Bishop John J. Snyder of the Catholic Diocese of St.
Augustine received a letter from a death row inmate complaining about the
Florida Department of Correction's decision to install steel mesh grating
across the bars of each inmate's cell.

"I feel that the installation of this grating is a just another way to
further isolate us from each other and to give one a greater sense of
hopelessness. The grating obstructs what little sunlight we were getting
into our cells. When I look out of the window in front of my cell in
order to see the outside world, my vision is blurred after only a few
minutes of looking through the mesh screen. What used to give me hope
now gives me harm."

The Florida Catholic Conference and the advocacy group Aging With Dignity
have for several months complained to Secretary Michael W. Moore about
policies implemented by his department since the death in July 1999 of
inmate Frank Valdes. Both groups believe the policy changes suggest a
"systemic crackdown on death row inmates."

Moore, however, disagrees. He says the policy changes have been
advanced in the interest of security.

In addition to the wire mesh attached to cell bars, the department has
confiscated some writing pens and replaced them with pens not useful for
artwork. It has removed hobby crafts. Radios once sold by the department
have been replaced with models that have poor reception.

And the temperature of the cells, which are not air-conditioned, rises
above 100 degrees for hours on end.

These policy changes occurred after incidents with prisoners, but the
incident reports reveal that in general the same prisoners cause the
trouble.

Which leads the Catholic Conference and Jim Towey of Aging with Dignity
to ask why all of the death row inmates must pay for the sins of a few.

Theirs is a legitimate question. Both groups emphasize that they too
would punish incorrigible prisoners. They recognize that the guards and
employees who work on death row must be protected.

"But to apply these measures against all, even to those with no history
of behavior problems while on death row, seems dangerous in itself and
counter to the Department's own mission statement," wrote D. Michael
McCarron, executive director of the Florida Catholic Conference.

"How in the name of God can you use those incidents to justify the
caging of all cells, even the cells of elder death row inmates, inmates
who are so sick that they can't walk, and inmates who have not posed a
disciplinary problem on death row?" Towey asked. "California classifies
its death row population to separate the troublemakers from those who
are not disciplinary problems. Why can't Florida?"

Moore says the screens are a reasonable response to safety concerns,
even as he acknowledges that some of the prisoners have indeed repented.
We find it difficult to muster sympathy for death row prisoners, but
they do live in a terrible place, spending most of their time alone in
their often sweltering cells.

When they leave their cells, they always walk in shackles, their
wrists in handcuffs.

But not every man on death row poses the same security problem. While we
believe the Corrections Department is in the best position to determine
appropriate safety measures for its prisons, we also agree with Towey
that Moore does not have the only word on how prison procedures are
administered in Florida.

He should not dismiss the concerns of the Catholic Conference or Aging
with Dignity. Theirs are humanitarian questions that deserve better
answers than Secretary Moore has offered.

(source: Editorial, Tampa Tribune, Sept. 25)

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Bad place to be

Critics say wire mesh installed in front of Death Row cells in the state
prison is creating an atmosphere of despair.

But death row is where killers stay awaiting execution. By definition,
it's a place of despair.

Prison officials say the new screening protects guards from objects
thrown by inmates. That seems reasonable. Since it's impossible for the
state to execute anyone more than once, there is nothing to stop inmates
from trying to injure or kill a guard. The state should try to protect
its employees.

Critics also are upset because art supplies have been taken away, as have
high-powered radios and ordinary pens.

"My husband has been there 16 years without making any trouble," said one
woman, arguing that those without discipline records should be exempt from
the new security measures. But everyone on Death Row has a history of
homicidal violence, which would seem to make them a poor risk.

If there is substantial concern about condemned murderers, carrying out
sentences in a timely fashion is one way to minimize the period of despair.

(source: Editorial, Florida Times-Union, Sept. 26)

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FLORIDA:

It isn't the kind of news that grabs headlines, but the Commission on
Capital Cases recently reviewed information that showed that death
penalty appeals are being handled with fewer problems and unnecessary
delays. And for the 1st time ever, every death row inmate has an
attorney.

While much of the year has been marked by rhetoric of legislators
critical of the courts for various death penalty issues, the commission,
which has both lawmakers and judges as members, has been working to end
the gridlock on capital appeals.

At its September 8 meeting, it heard evidence that delays and
administrative problems are being overcome.

All 3 regional capital collateral representatives reported holding more
hearings this year than last and fewer delays in scheduling hearings,
preparing briefs and motions, and other work factors.

Roger Maas, executive director for the commission, also reported that
private attorneys hired to handle overflow cases are hard at work. All
but one has filed the initial Rule 3.850 petitions or got court
permission for an extension to file. In the single exception, nothing
was done and that attorney has been replaced, he said.

The state has a total of 123 private attorneys on its "registry" who are
willing to handle overflow cases from the regional counsels, Maas said,
but 70 of those attorneys don't have any cases. He said the large number
was recruited because of an anticipated dual track system of handling
direct and collateral appeals simultaneously. But the state law creating
that system was struck down as unconstitutional (for other reasons), and
the Supreme Court's proposed dual track rules were put on hold after
several objections were filed.

Maas also reported that while the state budgeted $22,500 for private
attorneys to file 3.850 motions, the actual cost so far has averaged
$16,000.

Another major time savings in the system has been improved records
retrieval.

The legislature approved a central repository for records that are
required on collateral appeals, and approved equipment to record the
documents on CD-ROM disks. CCR offices have also been provided with
high-tech CD readers and high-speed printers for accessing the
information.

Commission member and state Rep. Sally Heymann, D-North Miami Beach,
noted that records now can be retrieved in one to three days instead of
the months it used to take.

"This is responsiveness on legislative action where we put money in to
expedite this," she said.

Jim Berberich, director of the Department of State's Bureau of Archives
and Records Management, where the records are stored, said his office has
conducted training courses for CCR staff and others who need access to the
records. He added that before the end of September, the bureau would be
online with the various offices that need the records.

"Things really have improved," Berberich said, noting it was about 2
years since the legislature approved the central repository for the
records.

Commission members expressed approval at the improvements.

"The commission is pleased with the response and the handling of the
cases," said former Supreme Court Justice and commission Chair Parker
Lee McDonald.

"Absolutely," said commission member and Sen. Locke Burt, R-Ormond Beach,
when asked if delays were being reduced in the appeals.

While it may be a while before the public sees a reduction in the time
between sentencing and execution, Burt ticked off a number of refinements:

"Everyone on death row has a lawyer [either through a CCR office or the
registry] for the 1st time ever."

As noted by Berberich and others, the time has been significantly
reduced in retrieving necessary records because of the legislature's
investment in improved technology.

The commission is getting detailed information from the CCR offices that
allows tracking of cases and expenses.

"They are holding the hearings and they are filing the motions [in death
appeals]," Burt said. "Cases are moving through the system faster than
ever."

He also pointed to the report at the meeting that another 5 cases are
ready for the Governor's review. That's in addition to the 5 executions
that have been held this year - the most in any recent year.

(In 1999, when there was a moratorium for part of the year because of a
challenge to electrocution as the method of execution, there was one
inmate put to death. That compares to four in 1998, one in 1997 and two
in 1996.)

Burt said Florida's success may have national implications. He noted
that ABA President Martha Barnett has called for a moratorium on
executions because of perceived problems in the system.

"I think as the discussion on a moratorium continues, you will see
Florida used as a model [of how the system can proceed expeditiously
while protecting inmates rights]," he said.

(source: Florida Bar News)

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Dove Prison Ministry International
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