First Amendment

Under Attack In

Illinois’ Prisons:
The Price

Of Dissent

By, George Peter, Jr.
FIRST AMENDWENT UNDER ATTACK IN_ILLINOLS' PRISONS:
THE PRICE OF DISSENT

Exercising one’s first smendment rights is analogous to
breathing; ve only learn to appreciate it when our capacity to

do either 1s impinged upon. However, there are certain events
which serve to heighten an individual's avareness to particular
circumstances, and for those of us who ace incarcerated, we quickly
dtacover how tenuous our ability is to engage in first amendaent
activities that the average person would take for granted.

The magnificence of the Bill of Rights comes not from their
uniqueness - most principles-had been dravn from the “Liberties
of Englishmen”, von in the 17th century in Great Britain, after
o lengthy battle betveen parlisment and the king - but rather,
that they sysbolize the premise that the government exists for
the benefit of the people, and is based upon their consent. The
Eirst amendaent reads

Congress shall make no lav respecting the establishment
of Teligion, or pronibiting the fres exercise thereot;
O¢ abridging the freedom of speech, or of the press, or
oF the right of the people peacefuily to assemble, and
%o petition the government for a redress of grievance

These are liberating vords, in that they afford every member
in a collective body the opportunity to set forth his or her
thoughts on whatever 1s important to thes. As one who has been
incarcerated since LBJ vas president, I have developed an insider’s
perapective of the Illinols prison systas, an acute sense of

the nuances and paradoxes of its operational procedures, and

a discerning insight into the complex linkage betveen information

and pover.

When Tllinols revised its Freedom of Information Act law
in 2010, it afforded prisoners throughout the state the ability

to gain an insight into how the Department of Corrections developes
1ts rules and regulations, as vell as how they are supposed to

be iaplemented within the prison systes. Arwed with this know-
ledge, 1 began to research an issue which confronts most every
American prisoner - substandard and insdequate food - with the
hope that @y endeavors would garner the attention of officials

who are in an oversight position vithin state government, and

that those individuals would take that re
fashion, and investigate the allegations I have raised. While
some of my points of contention vere unique to the facility I

vas then confined in - the HL]) Corr. Center - I believe that
the investigative techniques I utilized are universal, and can
be applied to most any problems we encounter. =z

On April 16, 2012, Hill instituted a “Brunch Progcan”, which
reduced the nuaber of meals secved daily from three to two. The
breakfast and lunch meals ere combined into one meal, and in
an April 2012 interview vith the Lee Enterprise newspapers, the
Corrections Director stated that the program vould save the state
$2.5 million the folloving year.

In order to ascertain exactly vhat food items ve should be
ceceiving, 1 subaitted a F.0.1.A. request for a copy of the M
Henu, which 1s a document prepared by the Department's Food Service
Adainistrator; it outlines the meals which are supposed to be
cved daily. It is prepared every fiscal year, and operates
on a rotating five-veek schedule. I also sought any e-mails
which had been receiving by Hill, relative to the isplementation
of the Brunch Progras. In due time, I received the requested
docunent,

ter

1 then began to chart every meal that vas served over a one
month period, and then conducted a comparative analysis of how
well it matched up with the Master Wenu; upon the completion of
this analysis, it vas apparent that there vas a considerable
disparity between vhat prisoners vere supposed to be fed, and

what the Dietary Department vas actuslly providing. Being an

inquisitive tndividual, I atteapted to uncover the reason why the
Beals ve vere being served vere so dissimilar to those that vere
specified on the Master Menu. At that point in time, T did not
know vhether the facility vas not being provided with sufficient
funding, or some of it vas being misdirected for unauthorized
purchases. My quest to unravel this mystery would be a lengthy

1a' shore-

I registered multiple complaints regarding the
coaings vith the Food Service Adainistrator's Office, and she,
along vith the Dietary Manager at Hill came to interview me in
8y residential unit during one of her regularly-scheduled visits
€0 il Although T vas able to secure some minor improvesents
in our diet - tune and fresh apples would now be served - they
fell far short of the Master Menu's requirements, and thus it
vas "back to the draving board” with my effort

My initial breakthrough case vhen I vas able to secure s
copy of the Food Service Operations Manual, which provided me
with the blueprint of how the Dietary Department vas supposed

to function. 1 now possessed the information of how the prison

purchased its food, how substitutions could be
Kitchen temporarily ren out of a particular food item, hov the
aubstitution vas supposed to be of an equal nutritional value,

and most importantly, that Institutional Directive G5.01.127
stated the folloving: Y

Employees shall be served the same meny as provided
to offenders.

were fed

For years, I had been complaining that esploy
& more nutritious diet than prisoners, and when the John Howard
Assoctation of Illinois investigated this issue, the Department
replied that there was no rule or regulation vhich mandated then
1s to employees and prisoners alike. Clearly,
d the JHA, or vere

to provide equal
the Departaent either villingly misinfor:

ignorant of the "sa 1" requirement; vhere the truth lies

in this matter, T have yet to discover.

To bolster the presentation I vas assesbling, I compiled
a 1ist of all the food items which vere made available to employees,
but not to prisoners. The following is a compiliation of the
extra foodstuffs they receive - in addition to the regularly-
scheduled meal:

Sliced cheese Sheedded Ch

Potato Chipa/Fop Corn
Ceackera 1o

Dey Gereal Eggs - for Boiled
Apples Eggs o Potato Saled
Fresh Celery Radishe:

Fresh T Cucumbers

Bell Peppers.

Fresh Carrots

Once I obtained this List, my next objective was to learn
approximate cost; I did this by subaitting a F.0.L.A.

t for the monthly purchase orders and invoices for each

This gave me a rough estimate of hov much money was being
expended for food which never reached a prisoner's plate. Two

ftems in particular stood out: HAll spent up to $1,318.00 per

onth for potato chips and pop corn, and some $1,425.00 for tuna.
Vhen I first arcived at HILl in 2010, tuna was never served to

but after my interview vith the Food Service Adainistrator,
she inforned the Dietary Manager to ensure that it vas occasionally

prisoner:

served, and he complied with her diective. Hovever, I vas gor
sble to secure the iasumnce aof pop corn or potate chips ey o
more-frequent basis.

A% ghout the same tine that 1 vas gathering this informatign,
an article vag published in a local nevspaper - the belleviyye
News-Democrat? - uhich outlined a supplemental appropriations
request froa the Departaent, in which it sought an addicione;
$40.5 million from the Lilinots House Public Safety Appropeiacions
Committes. One of the stated ceasons for the need of the supg)

mental funding vas because it had cost the Departaent some 200,000
per factlity to iaplenent the Brunch Program. Due to ay peraonyy
knovledge of the progras, and the information I had uncovereg
during my investigation, I found this assertion perfidious
beat.

Because I had no formal training
1 414 not know how one would differentia
aned L0 4 food Lten - such as cheese - vhich vas served 1
both prisoners and eaployees, but when ane growp can cansume sna
item at vill, and the other only uhen [t vas 1isted on the asqor
Menu for a specific meal, an objective person would likely

the majority of that iten's expense to those individuals vhe mun
the most access o Lt. Thac being said, if ay analysis bs anyupere
close to belug accurate, the amount of money being expanded for
food vhich employecs should not be having access to conss to weyy
over $100,000 at Hill alone.

o forensic accountan,
e the cost ratio to by

1 subsequently collated all the information and supporeiye
documentation, and subsitted that material, along with a detatyeq
explanation, to each aeaber of the House Public Safety Appropeiesions
Committee. It vas my hope that the Conmittes would not only 1ot
into the Brunch Program 4 cost, but also, the disparity

uhich existed betvean the food served to prisoners and smployans,

in vislation of the Departaent's ovn rules. As Illinots fs gy

but bankeupt, I was hopeful that the state's elected officiaty

would be interested in eliat
vas neive in this a

ting vaste, fraud and abuse. 1
ceion.

The Last three months of 2014 sav a marked fncrease in
prisoner dissatisfaction throughout the state, relative to the
qualdty and quantity of food beiog provided, and this ultisstaly
resulted in & secies of food strikes, where prisoners vould enpec
the dining room, and refuse to accept the proferred tray. Uhay
this occurred at HELL in early Novesber, the facility vas placeg

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the Nobel Peace Prize for
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Reform.

titutional Directive C5.01.127, "Eaployess shall be

menu as provided to of fends

The supper meal on Sunday,
Petsoners' Dintng Room

Moggets

October 3, 2014 constated of the tolloving:

aa

Ioted at Loft; al

Dining Koom

Chicken 3

Frash Radishes Stcing Be
Cicumbere Fresh'Celory
Ceackars Oramger

Boiled Potato Pattien
Dry Cereal Danish Sveet olle
Fresh Corcots Cake

Cookfes. Apples

Shecbect Freah Feppers
Hacgecine Salad Dresaing

on lockdown, while the adainistration attespted to identify those
individuals vho coordinated the strike. While I understood the
frustration which led to the prisoners protesting the substandard
£00d = vhich had previously been described by the prison guards'
unfon as “barely edible"?, I have never been a proponent of an
open confrontation with the system, but rather, have chosen to
£ to use my intellect to effectuate change from within. g

As one who has been a vocal critic of the prison syste's
€atlure to abide by its own rules and regulations, I recognized
that the possibility existed that my endeavors to secure an
Amprovesent in the quality and quantity of the food served at
HiLL might expose me to additional scrutiny relative to th
efforts, as I had previously observed the detersination with which
Departaent of Corrections' officials vere willing to resort to in

done 1n

an attespt to preserve unwarranted privileges. This va
part by restricting the access to information which might be used
to curtail those privileges, as to date, the Department has refused
to release the initial evaluation of the Brunch Progras, although
State lav indicates that it is subject to release. 5 ILCS 140/
2.5 reads as follow

Record of funds. ALl records relating to the obligation,
receipt, and use of public funds of the State, units of
Tocal government, “and school districts are public records

subject to inspedtion and copylng by the public.

My appeal to Illinois' Public Access Counselor, seeking the
celease of this document, has been pending for nearly two years.
Due to the Departaent’s unvillingness to release the evaluation,
one can only imagine the embarrassing information it contains.

Disillusioned by the tepid respoonse I received from the
House Public Safety Appropriations Committee, I decided to try
a different approach. Since the prison system vas recalcitrant
1 to comply with existing rules and regulations,

1n tes refu

ative body charged with supervising the expenditure
of state monies refused to investigate my allegations of impropriety
within the Hill Corr. Center, I decided to share my concerns with
the public, believing that the best disinfectant for corruption

vas the light of day. Recalling the adage “a picture is vorth
thousand vords", 1 coaposed a cartoon which encapsulated the
Sasue I sought to publicize. Wnile it vas acidic in my criticism
of the prison system, it vas factually accurate.

On Decenber 10th, I was summoned to the Internal Affairs
Office, and advised that my cartoon had come to the attention

of the Director, who was extremely displeased with it. In tun,

1 tnforned the heartng fnvestigator that I vas disappointed that
the prison vould continue to refuse to comply vith its own rules
and regulations, vhen presented with direct evidence of Hill's
noncompliance with them. As the first amendment clearly allows
all the country’s citizens the right of free speech, and to seek
redress for our grievances, 1 clearly intend to avail myself to
whatever relief I may secure through the application of those
rights. Although I had violated no rule of the Department, I had
embarrassed its highest ranking official, and in response, Internal
Affairs placed me in segregation while they "investigated” me.
Thirty days later, I vas released, without any disciplinary charge
being written against

Shortly after my release back into the general population,
1 employees informed me that the administration vas dis-
appointed that the Director’s Office had not authorized my transfer,
and that I should “watch my back”. While I appreciated their
concern, I recognized the fact that if the adainistration wi
deterained to transfer me, they would eventually find a r
to do 0. That reason vould arise the folloving month.

On the day 1 vas released from segregation, tvo employe
fron the Internal Affairs Office let me know that I would no longer
be alloved to share a room with my best friend and confidant. As
1 had nothing to varrant being placed in segregation in the first
place, 1 contacted the individual who assigned ay friend to my
roon several years eaclier, and explained the situation to him.

A query vas then made on my behalf, but instead of acquiescing

to that person's request, I found myself being interrogated by

an tovestigator froa the Internal Affairs Office in Springfield,
celative to my relationship vith esployees both within the Hill
Corr. Center and throughout the state. Upon the completion of

that interview, that investig but approximately
one hour later, Hill's adainistration once again placed me in
segregation, and the following day I was issued a Disciplinary
Report which alleged that I possessed snother prisoner's legal
Papers. When I appeared before the Adjustment Committee, I shoved
then a copy of Departmental Rule 430.30, which states, in pertinent

part:

Committed persons may assist one another in the
Prepacation of legal documents to the extent 10
consistent with institutional securisy:

The Consittee ignored this Rule, found me guilty of the
rule infraction, and shortly thereafter, I was transferred to
the Western 11linois Corr. Center.

While the story I have just shared with you may have little
importance, outside a saall circle of friends, the underlying
principle - free speech - is under attack throughout the entice
United States. Whether it is Smith College cancelling a commence-
ment addzess by International Monetary Fund Director Christine
Lagerde in response to protesters, or a prison systes attempting
to silence a critic, the principle is the same. Free speech is
vorth defending.

Vhen one raises the topic of the free speech linitations,
such countries as China, Egypt and Turkey immediately come to the
forefront, as their disdain for it is readily apparent to even
the most casual observer. I refrain from mentioning Russis in
the category, as the right to free speech is articulated
quite clearly in Russia's constitution, though there is currently
7o mechanisa by which that right can be enforced. 1 am more
concerned vith what I the gradual dimunition of our free
speech rights within my homeland. The beacon of democracy is
slowly losing its potency in the eyes of the rest of the world,
when it sees that a handful of protesters can cause the cancellation
of a graduation address by former U.S. Secretary of State Condoleerza
Rice at Rutgers University, presumsbly because they disapproved
of her role vithin the Bush adainistration. Even more egregious
vas the report that a Northwestern University scholar - Laura
Kipnis - was sued by students who disagreed with her assessment
that some sexual harrassment complaints vere unwarranted. That
this lawsuit vas eventually disaissed is irrevelant; it serve:

s @ chilling reminder that free speech is not free.

Whether you support the basic premise of this paper - that
a prison systea should be held to account, when it refuses to
comply with its own rules or regulations - or vehemently disagree
with me, I absolutely support your right to have your voice
heard. Our freedom of speech is a nonnegotiable right.

Democrat, October 26, 2013, p. B5;

182,
ay in staté's prisons fore expensive

ghan expected

3 “Maximum Insecurity” at wwy.afscaed!.ocg
In solidarity,

Oater

George Peter, Jr.

Reg. No. C-01434

Western Illinois Corr. Center
2500 Rt. 99 South

Mt. Sterling, IL 62353

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