L4

H. L. BROWN

ON ASSIGNMENT TO THE

TEXAS DEPARTMENT OF CRIMINAL JUSTICE

NOVEMBER 26, 2000 - APRIL 23, 2001

Volune 3

SOUTH GHICAG®
ABC ZINE DISTRO

P.0.Box 721 Homewood, I 60430
hilp://members xoom.comy thoughlbombs/
ourents

Page

I+ There ia No Diet Mere! My Last Stiles Grlevance............. 1
2. The Biggest Crime in Texas RLSEOTY.-................ 3
3. Mr. Flefshaann and the Case of the Missing falfvay Howse.... 8
4. The Letter to Circult Judge Fiaginbotham................... 12
5. A Letter from the D.S. Court of Appeals..................... 14
6. Bullding 3 More Perfect Killing Machine..................... 15
Appendix A - Echo Article on inmate medical bxperimente..... 30
Appendix B - Letter from TOCI-Health Services Division...... 31

2

Appentix © - Echo Article by David Wargrove..

7. Mow the Texas Department of Crimtnai Justice Steals
Chidren's Lanch Woney and Food from Poor
And What Texas Prisoners can bo Abost Te. »

Appendix A~ Texas Govern B
e Stiles Report, by stia e 39
Calendar Time Credit While on Texas Parol: Je—
Appendix A - Article 42.12, 1821, 22, 23, & 24,.60£..9/1/85. 48

Appendix B - Article 42.18, ith §13 deletion and renum
of sections 14 and 15, during Regular Session in 1589.

APPendix € - Article 42.18 vith nev §13 of Called Session... 52

FoRuARD!

THe Echo - Texas Prison Nevs vas shut down in February. It h
been published since 1928, and according to the Tv had begun sending
2905 The real reason for its dealse vas Appendixes
A& of Buflaing a More Perect Killing Machine; T bring them to
You for the aake of truth.

Tis is the biggest tssue ever, and I'm disappointed you aren‘t
Provided with examples of pre-1985 and post 1989 parole certificat
to show how the £1at time hoax actusily vorked. as Appendix D of the
Calendar Time Credit story.i I'm alresdy planning a reveite and rele:
of that vork.

Carrentiy, the Legisiature is promtaing to hait the executlon
Of retarded citizens and giving juries the opportunity of imposing
14fe vithout parole in capital cases. I say SO WANTI® These lav
ould effact maybe a dozen men on desth rov,i vhile there's at least

200,000 behing Texas bars. Besides, Huntaville hasn't shovn and fnciimation
to Gbey the Tavs ‘aiready on the books.

-

Texas Department of Criminal Justice OFFICE USE ONLY
OFFENDER Pt O s Ol St
STEP 1 Grifvance roru |gomer.
PASOL Forma Para Quejs delos Preso | Date Oue:
e e 2L pr0n o 252778 s
o_stiies ‘Housiog Avigrmae K13 s oroer
: O Ows Owe
whacinddmocurret __StU1e2 __ |omw QO

Jrerpp— i ] mamber o you b frml complin. Toe oy o - whes
T ) '

i yon ko eame i _SG - Nagner et
b repennd_“Thers {5 o diet in hers. Go oni-
xcionwius? L ves forced to est vhat vas aiven to me.

et n o e P e SRt e Wi sod ey o e W
» ined a dianesic Dist wien . and have been for 13

[2rs. A couple of months ago FSK IT1 Davis arrived on Stiles Ontt and
bitrarily discontinued 311 dists. To Arsist him in maxing excuses as to
Y the alets vere stopped. the guards c

et meal log. even vhen

3 marxing nanes dovn on tre
xed_for_smacks and/or dlet.

Some dave ve do not aet €ruit, often ve do nok ses vegetsbles that
< sate for éfabetics. for days st s time (1fxe Nuguet 15 16, 17
19¢h). Creme corn. rice. poratoss. and certainly not chocolate cake
10918 never be on my tray. Thare is often enough grease dripping from the
iin conrse. that vhen I've raxed it onto a sifce of bresd It soaks tnrough
L8 minute. Tuice my blcod sugar lever has shot up so high so ast atter
Ting in the chov hall that I've gotten dizzy and had to grab the fence
Lkeen Cron (a11ing down. Now Ma. v somite the truth: “mne
Lno aiet in here
et itser

Thus. there is no reason to sack of€ my name on the.

‘e oniy alfcerence betveen shooting me in the hesd snd feeding me
Uz crap instend of & proper let Ls that killing me taxes s fev months
1409 the chov methed. FW I11 Davis even urites up &
1en_tel1s the cooxs to to cook o re_pattents

14 aiabetice. thateny violating policy Directive 21s pronivition on falsicying
Svernment records. not to mention federa) court rulinge

£1y holesone mens

ning else that vill ki1l he

This is ay second grievance on this ssbject. I've veltten Food Servi

‘cestor Janie Thomas. Senator John Whitaire. and Varden Doushiy. Lid dixe
ime_reasonable ansvers.

Ep ove)
R Rt oo ol

L'd Like to knov ¥ho is responsible for denying me a heaithy ater,

hich 1 am prescribed. sng vhy it iz being dentes

AT

o 9711700

inion's Decion

Mundnry efra 10 IAD (Givsnce workahessstached

[T —h

The Officers in the Kitchen have been instructed on the proper

atet or atavetics.

© bread replaces bisquits and cornbread. pruis

FePlaces doserts, and dlabetics reciave milx vith sheir svening mess.
Tou ahourd have no trouble vith the Stiles kitchen since your tramafar

to Vanus Unit.

v Lty [ /)/«»// - o

e i b S e v 0170
e e osgpe o0 g e

o ok G g i 1 s o S T

o v—
. vl e eriod b s

2 O not somined
L ——

06 No equente s

e et L a————

ity

O35 T v prsccs s o e
[SRT——
(SRS —

0 1. Inpproprie g for emgope daciioar

The Biggest Crime in Texas History ¢

he victins of the biggest crime in Texas history

atn uncounted.
It is the government that complles such statistics and Texas refu
to acknoviedge that these victims extst. And they are silent becaus
they are silenced...because poverful interests profit from the crime.

The crime syndicate denies thelr victis access to tel
and the fnternet, fsolates the
stesis their mail and in the past have murdere
€0 the press or the FEL. The Texs
the Texas Departasnt of Criminsl Justice, the atate Senate Criminal
Justice Connittes and the Board of Criainal Justice not only refuse
to scknovi iat tn keeping the
quist, because these state agencies are the perpetrators iof the
cetaes

hones.

£xom ther

f1ies and soctoty,

those vho squeal
Board of Fa

s and Pacores,

o these uncortunate souls but

Betore continaing, I must tell you about the five distinct pison
aystens operating simuitansously In the stat
the prisoner comodity:

a11 compating for

1) The Texas Depactment of Crlatnal Justice - Institutionsl
Divieton s the descendant of the forser Texas Department of Correction:
With 163,517 fnmates by sose nevapaper accounts, it is the largest
Prison systes 1n the state and vas the defendant in the 25 year

long Ruls lavsult. In 1992, TOCI-ID and the politicians agreed to

3 settlement vhich included moderate rules of decency.

2) e Teanster Factiiti
of the TOCI-ID. Wnen operations go vell at the transter faciiltie
(296) T0C3 accepte responsibiiley for thes. Things seidom go vell.
In the early 19908, the Texas Leglsiature a 1av wnien
required the TOCI-ID to accept county prisoners within 43 days of
betng sentenced to prison. It looked great on paper. except the
Bolz Final Juggement contained 96% population cap, and the proposal
bentnd getting prisoners out of county Sail quickly vas Intended
€0 save money, not to rent more private cell space. To solve the
problen of hov to get 3 prisoners into 2 beds, the Texas Doard of
Criminal Justice grabbed approximately haif a bililon dollars from

ace the bistara chila death camps

the federal Crime Control Act of 1994 and threv togather some tin
sveat-boxes in the desert. Transfer facillties vers born.The first
Ehing T vas told upon arrival on a TF in 1998 vas, “Ruiz dossn’t
appiy he

There are 14+ TF units, but vhen constructed in 1995-96 there
vas no money for operations. When a budget'vas alotted, there vas
a shortage of convicts and beds vent empty. There are nov 20,000
to 28,000 men on Trs.

- From my observatlon no lavs do.
3) 10 1989, the legisiature suthorized the Board of Crintnal 7
Justice to contract vith private prisons. The stampede vas on. The
main players are the Correctlons Corporation of America and Wackenhut
Inc.. but there ace seven county jalls renting cells to the state.
Recent statistics clain 6,791 Texas prlsoners housed on private
units, but I'm now on & CCA facility housing 1,000 men alone

Most vriters and celtics of the prison-industrial complex speak
Parshly of the private prisons. Those honest reports are unanimousiy
£ron north of the Mason-Dixon 1ine. To be hon
view-point, T must say that sy move to a private unit may have saved
™y 1ife. The food at CcA Venus s lov cholesteral, the vegetables are
ROt rotting. and my stomach and chest no longer hurt arter a trip
£ the chov a1

t from o southern

4) e ToC - Paroles Diviatos operates prisons vhich are not
Prisons. They are “therapeutic communities.® In violation of the
Rulz agreenent the Parole Division has relnstituted the butlding
tender/inmate guard systes. only there are no nmates and therefore
no {nmate guards. Tt's not a prison, ft's a beach resort with gun
tovers and razor vire on ten oot fence
There are supposediy 5,300 prisoners recleving “continuous

fntensive treatment: and other sssorts
Hbraries becuase the right to access to courts Is stripped svay
at the gate along vith all restdusl rights and dignity a person
may have rotained arter sentencing. By the time a person is rel:
£rom this nev age faclilty he or she s & certified dystunctional
Shit-eater ready to take his place as a marginalized citizen in

the oy

here are no lav

e

Wor1a ordar.

5) The TCI - State Jali Division vas created to house petty
offenders for two years or less..In theory. these paople vere supposed
to be protected from the harsh conditionsnside the T0CI-TD. Tn
reality, their dehumanization Ls nearly instant and their brutaiization
in state fails constant. in conditions much vorse than the Institutional
Diviston
Atvars cr

tive vhen 1t comes to eating poor peopl
Leglalature invented a ~4th Class® felony catagory juat to creste
2 nesd for the State Jall Division. T have no exact figures on hov
ny cltizens are locked avay In state Jalls, but estimate that
there are 20,000.

the Texas

ALL bunks are kept full and all convicts enroled in programs,
and schost courses {n ordor for the competing prison
to collect renabiiitation funding and federal grant monies.

ViFtually everyone from the correctional officer s union to the
Governor's mansion gets a cut to the tune of hundreds of miliions

£4 s00n billions, because thos presigont g
Jush {ntends to fund in his executlve orders, using the budget surplus.
Wt in rotrospect. in 1996-97, vhen thers vas a prisoner shortage,
rexans high and low vent to vork to solve the problem and keep the
sonay tree shaxing.

U.5. Representatives To Delay and (I evear I's not making this
1p) Dlcx Armey (1) pushed the Antiterroriss and FCfective Doath
penalty Act through the U.S. llouse and Clinton signed it into lav
;n Apri1 26, 1996. The nev lav placed a one year iimitation period
; £11ing 3 Petition for Welt of Wabeas Corpus, vhich is used by
orisoners vhose appeais have failed, to attack unconstitutionsl
onvictions such as ineffective assistance of counsel. The “Great
4rit= Ls also the only means of sttacking an lllegal parole revocation.

Aso in 1996, thers began a =assive round-up of Texas parolees
for real and imagined reasons. Hitler vould have been proud of the
steictency of the *lavt enforcement agencies arresting state eneaies
vithout s varrant - on nothing more than a name typed into a computer.
[t vas just a coincident that the Antiterrorism and Effective Death
enaity Act (AEDPA) became lav at the same time.

During the 74th Session of the Texas Legisiature in 1997, Texes

are exactly the progr

sdopted the federal "truth in sentencing standard, vhich are code
vords for abollshing parole. Hovever, very fev judges or court appointed
lawyers seem to have noticed. Thousands of citizens accused of crines
in 197799 accepted ples bargalns for outrageous and mumerous yesrs
totally out context vith the crime, because thelr court appointed
lavyers 1ied that they vould be eligible for or actually on parole
in 2 or 3 vears - under the old standard. Judges declined to properly
asmonish those accused that they vould be ellgible for parole after
serving 85% of their sentence flat.

Abuse of pover 1s nothing mew for Texas judges and lavyers,
but putting thousands of people In prison under false pratenses
such a8 those of Texas in 1997-99 Fates as a state terror operation.
And where the operation became down right sinister vasn't in the
courts, but the part played by the state prison systems.

Had these new felons been sent straight to the TOCI - Institutional
Diviston, they vould have quickly lesrned they had been lied to
by their lavyer and vouldn't be eligible for parole, in, say. 8%
years on a 10 year sentence. But TOCJ had an all purpose trusp card
in the form of transfer facilities and state jails, vhere nev arrivals
vere assigned. There. guys vers intervieved by a parole counselor
and 5 T0CI soctologist vho continued the hoax by clting a non-existent
Farols date in the near future. These victims - that is, the new
prisoners - vers even handed 3 time calculation sheet with the mis-
calculated parole eligibility date.

Oh Happy Tays! It vas just as the lawyer saidl Time to vrite and
tell the vire and Kkids!

And thus the hundred or 50 men vho asked me about their aggravated
peing crlemiated ss non-agg. 014 nok e & petition for wrir 9
in state court, not that anyone vas ever going to get s habeas writ
Ls5ued £rom the Republican tight Texas Court of Criminal Appesis.
Ang - here's another coincldent - the AEDPA would keep them out
of federal courts bacause they spent the one year 1imitation period
of the XEDPA smiling about thelr pending parole eligibiiity dees
RSt vould never arrive. Their names vere never in the hatvhen
winners of the parole lottery were picked.

According to the Bulz settiement, the longest a person coutd
be held on a transter factiity, vithout a privacy partition around

et

their bunks, s 120 days. In order to extinguisn the prisone
FiGht o fodaral court review of thelr ples bargains not betng -knovingi
and intelligentiy® agresd to, the Texas legisiature passed a 1av -
after agreeing to the Ruiz settlenent - that violated Rulz by hoiding
Prisoners up to tvo years on TFs or state jalls.

My nome-boy Forrest Penton came to me vith a time sheet in
early 1999. He'd picked up a 45 non-3gg. in the 1380s, ana done
5 on parole betore getting into an argument witn nis
Sirifriend fn 1990 She ratted on him for purchasing a stolen computer
£rom her brother. The Harrls County D.A.'s office turned it into
a burglary of » habitation and Forrest copped to a 25 non-agg. becaus
e lavyer told him theramalning years of tha 45 vould “eat upe
Ehe mev 25. Ho thought he'd be ellgible for parote in a year. mut
M nev time sheet shoved he'd have to do 4% years before parole
Feviev. I trled to tell him he better check the books.

When Forrest vas sssigned to Instituticnal Division wnlt, they
to1d him the truth. We signed his 1ife avay. Penton vill not be
eiigible for parole until he serves 21 years and 3 months flat.

And. I guess 1t's Just another coincident. but in the y
2000, TOCI opened four new “supermax+ units with 10,000 nev beds.
Just as the thousands of timebomb prisoners vould be arriving from
the transfer faciiities, entering TOCI-ID vhere they vould 1
the erueh.

On Assignment to the Texas Department of Criminal Justice
Sanuary 19, 2001

Me. Fleishmann and the Caze of the Missing Haltvay House 1o

Last Decesber. T met a Texas prisoner with an unusual dflemsa.

He. Fleishaann had been granted parole in 1997, but because of a

detainer for jumping parole in Tennessee. authorities from there

picked him up at the Huntaville Unit vhen he signed his parole certificate
After compieting his Tennessee somtence, he sald, he discoversd that

Texas had s detainer for not reporting to his Texas parole officer
in 1997,

It sounded 1ike a simple clerical error and easy to soive if
one pushed the right bottons {n Austin. Fleisheann appeared to be
a genuine hilIbilly, not to bright at bicth, at which tise he followéd
the family tradition of drinking hard llquor. He seemed homest enough
300 T hate to see prisoners gettlng screved by the systs

T aeked
various questions as a pracastion, probing for Inconsistencies.

The thiré time I asked "You haven't hit the streets on parole in
Texas or Tennessea?® he sesmed clearly disturbed that I didn't brust
his vors, and T discontinued the interrogation and began legal action
for Mr. Fleishosnn by letter vriting to those concerned.

Now. 1f you've resd my writings you are sitting there vaiting
to fing out vnat thiz story is resily sbout...that i

you'se vaiting
for me to take a sharp left (o right) hand turn down a side path.
I vould not vant to disappoint you and it just %o happens that I
see another subject related distantly to Nr. Fleishaann. It's the
economy of strsggle against the rising pollce state.

on sanvary 7. 199

atter nine months rotting in Marris County
38iL. T appeared for the Ebh tine before County lav Court #14 concerning
3 mizdenssnor OWI charge. Hovever, the reason I'd been in jail since
March 14, 1997, vas 3 parols var:
my lavyer that T vanted to pl:
ane cemanded &

nt. So. that Janvary day I tel:
@ Suilty. then stood before the Judge
Smmediate jury trisl, sccess to the lav library

4 cays s vesk, and 35 smoke blev from the ears of the judge.

my attorney ané the assistant D.A., I basically declarsd the initiation
of 1egal hostillties sgainst Tex

It's besides the polnt that
the state government did not then and does not nov obey the lavs
it enacs.

That's vhat T do...struggle against this laviess state of Texas
in the courts and in my personal vritings, to comnect with the
free vorid and varn people about the state that leads the nation
in viclating human rights. Thers being limits to my time and resources
I atiempt to apply those rasovrces and abilities to pressure points
\here they vill do the most good, and evade what experience and
history have instructed are energy drains.

One example of 3 sap of our efforts is Senator John Whitmire
If T had to bisme cne man for the Texas prlson mess itd be John
imitaire. He Legan the top-dovn revolution at the state level, and
o kmove how many tens of billions of feserai and siace soniars ||
vere svalloved whole by the prison buresucracy vhils whitmire vas
chairaan of the Semate Criminal Justice Committes. An indiction of
the amount of disappearing dollars ve're talking sbout is that vhen
3 haltvay house corporation - Texas Wouse - vas caught kicking becs
10,000 to Whiremire's campaign fund, it vasn't even s crime. 1o

was an ethics violation.

A top-don revolution began when the ¢inancial nstitutions
Bousht our government. and the government. seeing a high probaniiity
©F CIvil unrest. began building prisons like they vers domus shops
A3 Eauard Luttvak stated in Turbo-Capitalism. "Had the popuiation

©F South-Central Los Angeles not consisted predominately of ehiidren,
vomen and 014 peopie. had Lt include

a normal proportion of young
es, it is much more likely that Severly Hills vouid nave been

Burned doun during the Rodney ¥ing Flot of 1992.% ! So. of a11 thisgs
Wmitaire {5 a revolutionacy just as Stalin and Nao vers before him.
Now hat the people are restless, Witmice has changed coats.
In 1998, he began squavking about Getting rid of the parote boare?
WMich of course vas a non-issue b7 that time becauss no one ves
making parole - and sometise in '999 or early 2000 ho stepped doun
a5 Criminal Justice Committes Chairasn and became

vice chatrasa.

1 LuteHak, Edvard. Tarbo-Capitalism, Winners and Losecs in the
giobel economy. P! 24 llarpercollinspubiishers. Hew vorx 155

2, Uare, Mike. “Wnitaire says Kill parole bosrd.- The fero - retes
Prison News. 7g. 7. Jamaary 1998

From that Position he hovis In felgned anger at the prison syste
he crested. and occastomally vrites s letter to an abused citizen
promising help. The only proof needed that Wnitmire is the same
insincere hypocrite as before is that his assistance never arrives
and the machine continues crushing people under its vhesls.
Whitmize nov poses as a counter-counter revolutionary. absorbing
the energies of those who vould be better served elsevhers. Ladies
and gentlemen. those who are opposed to freedom and fairness and
equity, 1ike Senator John Whitmire. know no bounderies of conduct.
They obey no lavs.

Another source absorbing the energies of those vho struggle
against the system vith achieving 1ittle or no progress is the Rusnis
Tellemus, comsonly known as the prison snitch. Snitches ace otten
t10d 1nto a gang which mekes for double jeopardy.: After the g
urite you bogus dfscipiinary cases and t.
aives you a by

cas
up your ceil, the gang
time i you disagres vith their poiftical posttion
There are o thousand variations on snitching methods. A aniten
may vant your legsl assistance to delay your fliing other iegal
Papers, o to £1nd out the content of a planned case. Sct. New twists
on the game occur regularly. so I'11 not gt too long winded.

12
I recently vas vorking 3 parole case involving the denial of

e. T iet Paul read some personal
sons T don't,

revocation hearing. Another easy cs
tories one Gay. vhich is rare because, for security r
pread my vritings sbout the unit of azsignment. That evening a
leutenient sppeared in my cell vith a helper. During. the shakedovn

lost tvo stories, only the man didn't mention th

né T didn't notice them missing for two days.
7o points of advice sbout dentifying snitches: 1) Tf they

re Whining about their time. look out. I listened to a guy snivi:

bout his fous yesr sentence for tvo veeks one tise. One day I came

ore from vork and found txo gusrds in my cell. The crylng vorm

40 planted some chemical forsulas under my mattress to get a disciplinary

ase 117ted. 2) It the Gur iz in a gang, beware. I've know some

eally decent inmates vho are in gangs. ut the gangs often require

asvy prices for membersnip and they know that knoviedge is pover

here ace aiso guaré factions {nvolved in gangs. so if one struggles

geinst the state. cne may fing him/herself in conflict with prisone
ngs sz vel) 8s correctional officers.

So. hov does a1l this apply to Nr. Fleishaumn? And what happened
to him?

After the first round of letters, the parole board contacted
ha. and scheduied o hearing.; e iived on the opposite end of the
coilding and kept me posted seek by veek. The hearing vas held January
Sth. Aftervarés I asked if he vished to proceed to court? because
to revoke him for something he could not contcol vas illegal.

Fe then recieves notice that he vould not be ravoked...but he
remsined in prizon because the board couldn’t find a haifay hou
bed. Days past and ve discussed what ve could do.j And at tnat time
he mentioned that the haifvay hou see to1d him he could
back thers if he vanted. The Temnessee halfvsy house?

In oréer to get me to help, Fleishmann had deleted getting out
on parole in Tennsssse. And ¥ith two letters he got a hearing and
at & haifsay house...T think. Bub sometimes

tn Tenns

i3 nov £x
I probapiy shouldn't.

Ho L Brovn
n Assignment to the Texas Department of Criminal Justice
February 17, 2000
S e 3

Re: Appeal 00-51284

February 24, 2001

Sudge Patrick E. iigginbothas
I3E1 United States courtnovse
1100 Commorce St

Dallas. Texss 75242

Honorable Judge Wigginbothan:

] Tope. that you ¥ALL be able to assist me in gecting my appest ires
In the FLEEh Circuit Court of Appeals. I'11 try to reey tnie
explanation as short as possible

The Austin Division sent ay petition cor havess corpus,
#A-00-CA-202-JN. to New Orleans on Daceaber 6. 2000, sna gis
20 208in on January S, 2001 On January 11, 2001. 1 matted ey
1PPeLLant BELeC of 22 pages - properly titied on the sover page
“An Appeal in the United States Court of Appeals/ For The riren
Circult: and “Appellant Brief.” At that point it seemed that
2PPELL $00-51284 vas f1led. in accordance vith Fifen oirenis
rultngs.

Then thrae lotters arrived. dated san

ary 15, 10, and 19,
£rom the Office of the honorable Charies Fulbruge. Clors of ine
FICth Clrcuft. The irat stated that I must file o Notion for
CerLICiCate of Appealibiity. which ves in the packor ien ny
2Ppellant brier. as vas 3 Motlon to Allow Suppiementar fenieies
TST AN T My packet had passed letter 51 fn the ma1.
"

Letter £2 stated that my Motlon for COA had been Filed.
but thet 1 must provide a certiticate of service. to prove it'd
been served on the Texas A.G. flovever. the certificate of service
vas at back of the Appellant brie(. exactly vhere it vas supposed
Yo be. Then came letter £2. saylng my Motion for COA and its
bete in support had been unfiled snd that I must first provide
that certiticate of service thet vas alvays at the back of the
Appeitant briet. Sir. how is it Ehat the clerks can unfile legal
papers?

The cesson this appead is necessary is that 5. Micheal Bozarth.
sesistant Attorney General of Texas. disobeyed a court order.

by refusing to provide the Gistrict court vien 3 complete state
coure record. Because Me. Borarth d1d not provide State Petition
Txhibit A - Exhaustion of Administrative Remedies. I could mot

prove a tolling period of 69 days applied. This vas obstruction
of justice on Wr. Bozarth's part. but T gu

a member of the
Texas bar fs alloved to bresk some lavs because I've vritten
Seversl letters. to the AUSA in charge in Austin and the FBI.

once my case vas dismissed. TOCI gladly provided me with
copies of said Exhibit A. Tt just a colncidence, I'm sure. that
nov the homorable clerks refuse to flle my vork. and refuse to
respond to my last letter of inquiry.

Monorabie Judge Higginbotham. My legal work is adequate
for » pro se fller. and 1 tediously hold mysel to @ higher standard
tnan most prisoners. as yos may notice in my enciosed Appeliant
Erier, Hotion for COA. and Motion to Allov Supplemental Exhibits
5+ and “T-. Hovever. I request of you an order to the clerk
to tile my theee legal documents. (they have no legal authority
ot to). vithout @ foral motion because I have doubt that you
i1 ever be slloved to resd this letter.

Hambly yours.

Hhox Lo o

Homer Lew Brown 462774
13

1100 wvy 1807

Venus, Texas 76084

South Chicago ABC Zine Distro
anthonyrayson@hotmail.com
P.0. Box 721, Homewood, IL 60430
United States Court of Appeals e

warch 2, 2001

ME. Homer Lee Brown
Texas Departnent of Criminal Justice
Inst{cutional Division venss Con
liEon

1360 ilghvay 1007

Venua, TX 76084

No. 00-51264 Brown v. Johnson
SD No! “AT60-Ci-303

Dear Mr. Brown:

e have received your letcer of inquiry addressed to Judge pacrick

£ Higaunbotnan ih Unich you conbiain Lac he cerh Toad)SiETACE,

motions. At the Judge's request ve respond e folings.

AE o time were your motions ‘untiled". As a matter of clarification,

Your mations hava been presented before the coss and you niiiTes
advised Sn writing as e the Court s decimion e

Sincarely,

CHARLES R FuLSRUGE 111, CleFE,

oy

ce: Mr. S, michael Bozarch

Butiing & Nore pertect Killing Nachine n

Seacching my memory this evening for the date the Nazis decided
o 50t up the gas chambers and Krupp crematorlums. OF vos Lt I. G.
Faber's business venture? Doss Lt matter? What doss matter ls that the
greatast, most horrible crimes the world has vitneseed have b
committed by governments and not by crimimals per se.

The Gersans began their var vith the Sovists on June 22, 1941,
and vith their armies for the first time were five death squads.
he governsental position that sos

people are expendable or disposable
thus 41 not originate in Texss, but, hovever, the oaly function
of these German “Death's h

“ units vas executing prisoners en
masse. AL flrst they vere a very expensive, noisey and messy proposition.
Dullets cost money. And what to do vith the bodies - the "production®
of the assesbly line of murder that operated seven days a vaek?
The execution squads discovered that bodles didn't burn vell
in holes In the ground. so they bullt metal pyres several stories
high. Layers of vood vere siternated vith layers of corpses This
Fathoe used 1
time vas running out on Nazl Germany. "

gasoline, but ves nonetheless time consuming, and

Around the beginning of 1944 the possibility of losing the
“ar becase probable and » meeting or tvo vas held vithin the Mazi
hierarchy. shich vere attended by a consciousiess man named Adol
Eichaann. The resson for the meetings vas to formulate plans to
Cover-up the earller “messest of their mass morder, the evidence
of inhumanity in their prison system: L.s. the genocide of the Jevish
people. comsunists, aypsys, criminals, ect. Because tens of hundreds
of thousands of state enemies vere buried in mass graves scattered

on the Black Ses, scross the Ukraine to Poland, a gruesome e€fort
“as made to dig up eariier victims and properly dispose of them vith
the more sdvances rack cremstion technigue.

The Fazi hierarchy vers “progressiver men. They vers intelligent
snd virtuous ané even “good: they vere Cheistlans and family men.
The “Overman- of Friedrich Nlstzsche. And had you asked them vhy
they vere xiliing millions of people and infllcting untolled miseries
the majority of mankind, you vould've h
bunch of nmatehe

co the most absurd, bizarce
nse of your entire life. “The oberman cometh,

but he's bratavasns

To understand the mase mirderers of the 20th Century one must
Understand that ruthless individuals and groups existed and do exist:
Ehat hold human 1ife in conteapt. and that one of the key compomants
oF the agvancement of thelr pover is their very ruthlessness. This
ondertul oddity of the universe that ve hold or should hold sacred
§5. it appears. an opportunity for the spirit that drives these people
to Inflict violence and misery upon the vesk and voiceless. Bullles
1¥3ys tend to be virtusless covards. and the same holds true for

Ehe tyrants of the American police state today. Nov that the top-dovn
revolution is in full sving, their mission is to anailhilate the 7
resistence to their econoaic world order. and do so quietly.

The current revolution should be explained. Any time tvo or
more cultural institutions become intertwined. the makings for revolutio
are present. Give or take 2 or 3 yeacs, a top-down revolution bagan
in the U.5. in 1980. The multinational corporations had been pushing
for deragulation for years: hovever, it vas the

reguiation of the
banking induatry that marked the beglaning of an economic var upon
the vorking class. Since it vas the {netitution of government that
freed the (nstitutions of commerce and finance from their obligations
£0 Asericans, one could call the three an iron triangls of the frae
trade revolution.

In One Worid. Ready or Ner. su-hor Willaim Grieder accurately

observes that:

The nev incormation technology has basn copularizec
25 the davn of a “Fost-industrisl age:~ but that biithe
vision ignores what is accusily happening to industtias
Sorkers. In the prinitive legal ciimate of poorer
nations. industry hus found it can revive the worst
Forms of nineteenth-century exiaitation; sbeses
outlaved long ago in tha advanced sconamies: including
extrome physical dangers to vorkers end the use o
children as expendania chesp 1abor. Indeed: the povectul
Strands of the gloral natket aiso untermine legas
Brotactions for vorkers in some acvances econosies

Sveat shops are back in the United States: visibie

£ron Los Angeles to Mew York and across the rufel
Soutn.

In & tevalutionary atmosphere. la aivays suecacs.
Thebonds of social consont Seen torn ssunder
3nd people ind themselves fres to make theit ove
Fules. That leads to another recurcing fesrure of

econonte revelutions - corruption.!

My bellec is that the machinery to put dovn the resistence
a5 in place betore anyons's instincts varned of the need to resist.
The quiet rachetting down on our fresdom with Increasingly marsher
13¥5 during the Clinton administration vas proceeded and backed
BY & plethora of multi-jurisdictional, quasi-silitary poilce agencies
formed during the Reagan-bush T years. That big pill of totalitarianis:
vouLd have been difficult to svallov L 2% of the vorking poot hadn:t
first disappeared into the prisons? and “one out of every three
Aecican-nerican men batveen the ages of 20 and 29 in the entire

vas (not] under some form of criminai justice supervision
10 199473 s E4vard Luttuak so aptly wrote in Turbo-capitaiism:

Had the population of South-Central Los Angeles
Dot conaisted pradominatoly of chilaren. vomen and
014 people, had It inciuded 3 noraai propeceion

OF young males iL {s mach more 1ikel} vher beverly
Hi1ls Vould have bean burned dovn Suring the nednes
King riots of 19971

The problen for the leadership of the econonic revolution vas |
that the American peison systems cosld not simply execute thousands

of these threats to thelr vorld ordor. not yet and not openly. and
housing four or £ive million people behind bars is simply too expensive
for the rich and the corporations. A solution had to be found, one

that vould dispose of those audacious enough to question the govermment's
authority and bold snough to do romathing about it, I.e. the criminal.
That solution or solutions vould assist corporate America during the

the tough tines 3t the end of the cold var snd, at the same i

not over1y bucden the rich

The purpose of this paper ls to communicate some events I have
“itnessed in the Texas prison systems since 1991. If you belleve

the Mar on Drugs is in reality s var on the American people, little
persussion vill be needed. Tf you vork for the government of a multi-
national corporation. po

biy no amount of testimony of physical

William. One World, Ready or Nob: The manic logic of
talizn Eimon i Schustar, Kev York. 1997 Pg. 29.

1 Kar on Crime, The Report of the National Criminal Justice
Commiszion: Harparcollinipublisning Tnc., Wew York. 1996. Pg. 62.

52 Tnla . 102

47 Litbvak: Eevara. Turbo-Capitalism, winners and losers in the
Giobal economy. HarperCollingpuniishare. New Tork. 1999. Pa. 24

evigence ¥il) convince you that the solution to resistence 1s the
solution to crime - and this iz the vide and ever-expanding definition
of “crime® - and the dlssident voices in Anerica is murder by natural
causes. according to procedures and perfectly legal. This solution

§5 chasp and can be quite profitable. it's clean and quiet. Tt is

in fact a more pertect killing machine.

In Novesber 1991, I vas transferred to the Ramsey II Unit of
the Texss Dapt. of Criminal Justice - Institutional Division. K2 vas
then designated » medical unit, snd Curtls Tribble, graduate of the
Aty War College. vas Health Care Director. Many veterans and prisoners
“ith AIDS vere assigned to R2 because of its close proximity to the
Cniversity of Texas Wedical Branch at Galveston (UTHB), vhich even
then vas the prisary care provider for seriously 11l prisone
Ironically, the members of the Vistmam Veterns Assoclation vere
provided megical care by Dr. "Bad Attitudes Dlem, vhose sole ability
in the medical profession vas felgning lack of knoviedge of a medical

condition and lesving the patient to never suspect the doctor’s lack

of English left Diem vithout a clue of vhat the symptoms vere. Almost

“ithout fail Sr. Diem vould exit the examination room 3 minuts

into the sppointment. He vould return 10 minutes later and announce

“That is a1l. Good-Bye® with stress placed on the “Good-Bye.”
Huch moce certein vas o visit Dr. Bui. fresh in from Hanol.

1 spote 13 words of Engllsh and kept garlic €ish and rice in the

a4

botton draver of his desk. Bui vas gemuinely a good person and probably
ouLd have been saddened to know that 3 sizable portion of his patients
\anted to execute him vith a pencil. The high point of our relationship
- end I svear I'm not making this up - vas vhen T taught Or. Bui to
Say “insulin.” He repeated it S or 6 times in his oefice and down
thena1luay as he followed se to the exit door of the 2 clinic, saying
it one last time in front of the nurse's station. -o forget in

“Right, sald 1

“RIGNE." said Nurse Seals vith 3 knowing smile. The nure:

u-vin

reprasant
the first and usually only line of competent medical cace in TDC3I-TD.

Literally, at that tine the nurses vere doing thelr jobs and the doctors
They usually don’t last more than a yesr due to the stre
fact they have a consclence. Nurses Shercod, Seats and £,

ana the

on vourd

have earned alstingulsned service crosses had they been in the
PLLitary. The p.m. Glrls st K2 (1992-94) took the prisoners’ ramp

270 blood pressure. and listened to the complaint in the eniy productive
Portion of the appointment (2 minutes),

Prescrived ne meds. and Diem and

reneved proscriptions and
Bul vould stamp and sign their names.
e death toll vas reduced thanks to the etforts of the low patd Lvws.

BU 1t VOUld be 3 mistake to think that all the nurses cared
about sick prisoners. In 199,

=y neighbor Mayne Brown h,
That vas on 3 Honday and ve practically carried Brown to the ineiresry.
One of the “tough on crime" nurses, Lambert. presceibed him suppositories

and refused him 4 doctor appointment - not that Wayne Brovm spove
much Vietnamese - and of cours

he needed help valking to the toflet
£0 Piss and throv-up and eventually Gave up the suppositery trestment,
25 Lambert knew he vould.

Wayne had diarches. The game Lambert invoked fs commen in Tocs,
214 vas supposediy to place ail responsibility on Brown for recteving
medical treatment. Since he ceased coming to tha linic to have Lambert
SHICX 3 suppository fn hix butt, he, in theory. refused medical tressment.
At least that vould bo the defense Lf the matter sver vems to cours.
Lambort and her UTMD handlers got to have 1t both vays: she aian.s

have to be bothersd vith providing adequate health care, saved UTHD
2 dollar, and shifted responsibility to her victim for not comtng
to “treatment:

Hayne had a second stroke the folloving Thursday and with 1t
€ou1d 1o longer sit up on his ovn. After an hour of inmates compiaining
N0 should show up vith a vheelchalr but Lamvert.

Tnitially she began
2t Brown for retusing the suppository treatments (1) as

he lay in his bunk stareing blankiy at the cefiing
On 40tk 5 began barking at her, and the guard shut her up to prevent

EFOUble. T told her to check his pupils - one vas huge. the other

T and otner petsoners
20

Mayne Brown Loft in an ambula

@ to UTHD in Gaiveston and I wrote
his sister In Gaineville. Texss. Tt required 3 state representative,

3 lauyer, and three veeks for his family to Cind out Brown's condition
and his whe

bouts. It vas apparent that neither UTHE or ToCI vanted
beople asing questions. Ae zoon as he could be proped up in 3 vheslchair
the systom resortad to a dependable strategy for death by transferring

the pationt around the state until a varden decided to let him stay.
Eventually Wayne Brown vas shipped out of the TOCI-ID to a Corrections
Corporations unit at Bridgeport, vithout his medlcal records.

There vere no antiretroviral drugs at that time and many of the

HIV/ADS+ prisoners svore that the AZT they vers pre

cribed detartorated
thelr condltions more rapldly than AIDS alone. My memory falls me

on {ndividual cases, but a general concensus formed on the cellblocks
Which housed hundreds of HIV/AIDS patients, and thus many examples

f the AZT drug's etfects. So desplte the government's resssurancs
Ehat AZT vas safe, there vas a random boycott of the drug, and its
very doubtful that the lite and death decision to stop taking it vas

e bLinaLy.

©used to 1ift veights vith Jon illiams and Robert Smyth, and
it turned out they vere both HIVe. Sayth moved to the opposite end
of R2 in 1993 and 1 lost track of him until he moved onto dorm 3 in

Fly 1994, after a trip to UTNB Gaive
I suspected full blown AIDS.

ton. He looked depleted and

He sald they had placed him on an experimental drug, and I first
had doubts. One hears many things in prison, and T hadn't entered

8y prisoner rights sdvocacy stage at thet time. Indeed, in 1994 T atill
trusted the vord of the government ofticials to an undeserved extent,
a1 thought 1t vas probably a good deal to offer Robert Smyth hope
Vhere none praviously existed. Remember? AIDS veed to be 100X fatal.
WEthin a veek my friend vas carted off in handcuffs because of the

aope he vas given

The day betore Smyth tore the door off his locker - one-elghtn
inch steel piate no less - folded it like paper, winging it across
the dom 1ike & fressbe before procesding to destroy his cubleal.
he shoved me the papervork on experimental drug $76. He pl.
sdvice and I remember feeling scutely halpless. Mow I welte. and 1t's
%00 late to help Syth or any of the other WIV/AIDS convicts from
that time.

It vas quite telling that the program Smyth vas in vas special
hen ne vai

00n brought back to the dorm. A velder came the next
4ay MIth 3 nev locker door! And no cases vere wrltten. Nothing. The

next month Robert left Ramsey 11 for the last time and I never heard
of him again
Seven yONRs acter Sayth laft, The Echo printed an acticie about
the federal Office of Human Research Protections ordering the UrHa

to cesse Cederally funded drug research Involving prisomers. The
University of Texas Medical Branch at Galveston vas operating 26 prlson
Fesearch prograss (nvolving 99 inmates. The articls atee cintmad the.
experiments vere for KIV/AIDS. Hepatitis C. and cancer.’

The fods a1d that some prisoners hadn't been properly varned.

BUL T doubt that the TOCI nevspaper told the vhols story, as yew:1i

@ DeLov fn the next section. the medical profession in Texas is
411 about money. Money for drug companies, money for the medicai school
and money €rom the public and from the U.5. Army. And it's amother
5190 of the special nature of Smyth's drug experiment and the 26 simils
projects in the Novesber Scho that no reseatch programs vere sctusity
SLOPPEd In the Texas prison system. ALl vere alloved to continue after
the creation of another reviev board...another growp of buresscrass
VMo are supposedly prisoner advocates but ¥ill no doubt turn out to
be members of a victin's rights group or some other tough-on-crime
mOther-fucker group of the month. See Appendix A - Echo Articie

My £e110v prisoners should be alarmed. and keep their guard up.

At B2, ¥ could alvays tell vhen a “dis-ofe" vas approsching by
the nusber of moving skeletons sitting at the dlet tables of the dining
haLL. The AIDS patients would usually transfer south to the Gaivesten
Pospital. Just prior to death. and the disbetics vould go fer ampeserion
Of foet and legs. I romember ve lost four guys in two veeks and A2

becane very quiet for a fev days.
My fanily used to visit and ve vitnessed vheelchalr bound convicts
47ing of that “Lick, too veak to hold their heads up more than 30
Visiting thelr family. Blg families, the dying inmates vere
alloved special visits and vould sometines have 6 or 8 peopie at the
E3ble at once. Wy mother and sister alvays vondered aloud vhy ih

ternally 111 men veren't sent hon

to the people vho loved them and
OULd certainly care for them better than the prison syst:

5. The Echo - Texas Prisons News. Criminal Justice Wevs Briefs. voi.

72, No. 11; Wovember 2000. Wantsville. pg. 1.
Tronically. there is a poltey in place to re:

111 and physically handicapped prisoner:

o torminaity
the Spacial Needs Parote

Progran. The musber of those approved for special needs parole drapped
Pr 67.4% between 1995 and 1999, according to a recently reteased repert
bY the Texas Criminal Justice Policy Cowncil. As reported in The rehe:

;oo istates that in 1999, 53.3% of the 782 cases screened
for ‘parole consideration vers ineligibie: Of the sexeinive
365 inmates only 139 vere finaily referred sor sarern
85 died during the process, 58 racused specia) hecos
parole, 43 vere released prior to the paroie board
reviev. (robubly due to mandatory relesse 1ove

OF the 139 inmstes revieves for parole. only

30, oF 3%, vers eventually released on parole. Tventy 22
of thoss want to 4 nursing home o the VA hospital,

even died hetore relesse to s residence or refused

the parole.

Ae anyone vho studies the Texas Department of Criminal Justice
and its predecessor Texas Departs
the 1avs in the books

nt of Corrections vill afscover.

y one thing, and buresucrats are hired and

then pald to not impiiment the lavs. The TCI and the Texas Legislature

get to have it both vays. The former enact a husane law to sppear

that they're real human beings correcting a vrong. vhile the latter

expands its budget tvlce; first to hire people to nob impliment the

Lav. then a second layer of bursaucrats - possibly as & TOCI division

oF a comaittes - to'fix the problem with the first buresucrats. Everyone

but the prisoners get paid. and until recently their voice vas silenced.
In 1967, money begarl pouring into Muntsville. Texas, for prison

construction. The late Bob Bullock vas the State Comptroller and soon

to becons the most poverful Lisutentent Governor in Texas history.

A man named James Lynaugh vas 3 £inancial "expert’ in Bullock's CompL-

Folier's office and vas installe

as prison director in October 1987,
despite no previous experience in corrections. Lynaush supposedly
began falling out of favor vith the Board of Criminal Justice around
the time huntie Ann Richards took office at the beginning of 1989,
but that he d1dn‘t resign until 1993 indicates othervise.’

Lynaugh vas replaced by James Riley, vho uniike Lynaugh had sctual

6. The Echo - Texas Prison Nevs. “Criminal Justice News Briefs.” Vol.
3. Vo. 7. "qu1y 2000 Hentsville. pg.’s
3% pelson Lagal Neve, "Mis-Managed Health Care in Texas Prisons.”
V1T 5! No- 6 une 1998, Seattie- pg. 3.
axpertence in prison operations. Riley told the Board of Criminal
Justice that he didn't vant the Institutional Division Director's
Job persanentiy. snd held the position for only seven months.®

The Prison Legal Nevs has reported that:

One reason Riley msy not have vanted the high-pressure Job of
iTector vas becaude he vas setting himself up as bag-man
for the fabulovaly lucrative prison HMO contract.
Burisd in the back of State Comperoller John Sharp's
assive 1993 sudit of the prison system vas the th:
Page recommendation to Creite the managed health care
yiten Texas has todsy. Inciuded in the recommendation
i the creation of mot just a board of officials

icai schools and TOCI, but also a “manage
Care administrative positiont which eventually 1ed to
Sixeigure Jons for Lynsugh and Riley. Riley's
Sppears in the footnotes of Sharp's report 3s
SPettars or Toc Healen Services Division.

Thus. in 1994, the Corractional Managed Health Care Advisory
Committee vas born. Although not a part of TOCJ, CHHCAC contracts
afrectly vith UTHB for prisoner h
03 o Lt K

1th care. Tf sult Lo £lled agatnst
1th Services Division, one soon dlscovers himsele 1itigating

23

against a tangle of health care sub-agencies that pass rasponsibiiity

to one another. In fact if not design, nelther TOC - Health Services
DIvision, CHHCAC, UTHB, or the doctors on the units accept responsibiiity
for any vrong-doing. (See Appendix 8 - Letter from Lanetts Lithicus,
Hearth Services Director.) Not only does respansibility sees to
disappear. 50 does a great deal of money and the very health care

that {s supposedly the objective (n the first place. As an incentive

to becons purer than driven snov - at 1

st on paper - the state
PALd UTHD $502 million in 1998-99.10 This Ls not, hovever. enough
Roney to provide a body count of the inmates vho die i this system
every year. a statistic that is conspiciousiy absent in data availabie
to the pubitc.

And vhat do the taxpaying citizens get for their money? They
9ot 2 more perfect Killing machine in the epidesic of AT0S and
Hepatitis C (HCV). As POZ magazine reported in May 1990

. Ibia. Prison Legal Wews. pg. 3
9. mig [0 M teE eg
10. Weimlleh, Janet. Texas Wonthly. “Rx For Scandsl.” June 1998. Austin.
po 25

of Corractions, (sic) and it
how DR WIV-coua b
and spreaa. ¥

hard to'inagine
oy more’ effictently Crestea

That vas reported {n 1998, and the Echo has since reported that
{nmates ace not only carrying a strain of HIV that fs resistant

£0 to the nevest and most successful medicines used to fight the dfssase,
but they are passing 1t on to others.'? See Appendix o,

We are supposed to believe that Ehis is a cofncidence, a matural
oecUTEEnce OF possibly o deserved punishment for being in prison
Nothing could be further crom the truth, and anyons vo thimks so
13 00 lazy to use his brain. It should also be remembered that enk
OF the decanses used by the Nazis at Wuremburg vas thas the prisomers
49ied Of typhous, drsentery and heart failure. Accurate records wers
Provided o supposedly prove those inmates in the German concentestion
©amps aled of naturally occurring svents. Except vhen the Murembars
trials vere over ve put ropes around their dammed necks and Kiiles

then. In Texas, ve pay them six diglt salaries for doing 8 good jeb.
In the su

Taxas

€ Of 1996, 24 prisoners dled at the Mark Stiles *medical
unit in Beaunont. *Investigators at TDCI and UTHB reviewed the. records
of these prisoners and found that 16 had reclaved -improper care. 17

To of thase men h

pparently been labeled trouble-makers, for they
dled n admintstrative segration - 12 Bullding. The aileged hesith
€are professionals knev the AIDS patients vere back there. The security
SEafE Knew they vere back there. and according the inmate Cari Horme,

¥ho creates Captive Volces from the Stiles Unit, those god-for-sscen

Tood fram the dours of their colls. The stact may have saoun they 29
thets tves.

alone the last two veeks of

1. Strub, Sesu. °5.0.5.% poz
120 helaticn. Thia. pg. 22,

13 The Echo - Texas Prison Mevs. “Drug-resistant HIV found In Texas
infate poputation " Vel. 72, Mo. 11. November 2000. Huntaviile. Pg. 1

azine. Nay 1998 New York. Pg. 16.

Stites prison, in Besumont, Texas, s also located down vind

fron & federai pan which operates s chemical incinerator. Designated

a medical unit, Stiles opensd in 1993 to house HIV patients, who vers
to be cored for by speclallsts at the nearby Galveston hospltsl. While
ve smell the incinerator's fumes regularly, the most lamediate problem
cemaing that “prescription decisions made by the NIV specialsts are
subject to reviev by different doctors back at Stiles Unit.*ld Thar
second opinion is then scrutinized by the HNO "gatekespert adainistrator
Who 1 nothing more oc less than a hit-man, and who substitutes, of
refuses to enter drugs into the computer

Even vhen a drug prescription
is entered into the computer. the process of providing it:to the prisoner
becones difficult vhen mixed vith prizon factors and scheduling.;

Inmate patients aren't alloved to keep medications on thelr persons
and its nearly ispossible to adhers to dosing regimens. Dosige missing
fs routise, and “those In charge st the MDR HIV factory don’t care

i the patient-inmates...don't get food to taxe with drugs which require
it or...they are forced to eat at the

tine they must take medication
that requires an empty stomach.”'3 Verbal protests or litigation can

4 to retalistion, snd 3 trip to Ad.Seg 12 Building decrea:
oads of survivar

the

The POZ and Prison Legal News articies vers vritten more than

2 sgo. and Lf malice vas mot the intent of the Texss prison
and their community of bureaucracies, they vould have corrected
the proviens sssoctated vith mis: Hovaver. everytime the
Stiles Unit vent lock-dovn or “racks upr for count tine, I expected
to miss the first tnsuiin injection and p.m. pill dosage. AIDS patients
Iikevise missed their pills: thus the creation of the Multiple drug
cesistent KIV. Surfice to say that though my health is not good
and can only vorsen trom missed Insulin or denied dlet:
develop s new hybrig disesse that con be pa
the tree vorie.

And malice does appear to be the intent. When I arrived on

Stiles in May 1999, Jimmy Horton told me some horror stories. As

syee

aos:

L Tvon't
4 to some lover in

the result of & shank spinal tap. Little Jimey is on a vaiker..and

14, seob. 1ie
15 Stews, Toie
during an appotntesnt vith one br. RusseLl Weonald vas toid he ¢
70 longer noeded a ¥alker. Being a covard, Mcbonald instructes
nurses to take Morton's valker, even though Jimmy had purchased
it 1n the free vorld before reruening to prison for a parole violation
The nurses dldn't attempt to taxe it and Jlmmy lert the cainic.
Tventy feet from the door, HeDonald caught up vith him, smatemes
avay the valker and lert Jimmy ¥orton laying on the sideverx.

I've becons pretty calloused over the years. bue tnis eruerty
sSounded 1ike a Bit much to belleve. Then a freedom fighter nomes
A. Falby gave me an articie from Texas Nonthiy magazine

Jana Havkins, a nurse vho vorked at Stiles untiy
she quit last sumer ('97) says UTWD adminiscrators
Erequentiy sent out memos reminding stars mac 1o
give prisoners “contort

For headaches and athiet s there
vere “bresks in the sxin'). Ravking seys thas toas
inmates vho Could mot valk - including s “beitiier
diabetic vith one leg - vers not alloved a wheeiomair.l6

I'¥e heard several such stories since Jimmy's, and it appears
that one money making pollcy of the UTHB is to periodicaily steal the
Personal vheelchairs and valkers of convicts whom they know viil
have 1ittle or no legal recourse against them. This is not iction,
£6'8 policy. So is the non-trestment of hepatitis c (Wcv)

TVo years ago, TOCI cass to the realfzation tnat

it hada potentially major hesith erisis on §

hands. one even reater than AIDS. staph incections
or tuberculonis."Hepatitis € hag besun o resc e

Ugly head within the prisen sysien:
X recently completes survey ssrimtes

Ehet this virai liver disease mey affect as much
30 bprcent of the tota Tbe3 popuistion: sver

5,000 1F

Having 3 health care crisis on their hands ¢1d not prevent the
UTHB nealth care alleged professionals from sitting on their hands
for- tvo years.

When the bi-annual legisiature opened in January 1999, the
TOCI asked for hundreds of millions of dollars. mot for HCV treatments
16. Heimlich Toia. pg. 22
17, Hargrove, David. “ToCI scrambling to stey shead of nepatitis

€. The Echo'- Texas Prison Nevs. Voi. 1. ne. 7. Decenper35e.
Hontavilie. pa. 4.

®o prevent a public epldemic, but to build more prisons that vours
uitimately spresd the dlsease to more citizens. Almost as an arterthought,
the Huntsville hillbillles asked for funding for medications for thes.
convicts infected vith HCY. only to he turned dovn for that sise beceuse
the request appeared so disingenuous. Although no treatment vas aveilsbie
2t the end of 2000, the prisoncrats vere charging tha prisaners 59,00

for the HeV test.'0

Accarding to Dr. Michsel Kelly, Director of Preventive Medicine
for TOCI. prisoners vho have seversl ALT tests that are ail vithin

horaal parameters, may have recovered from the disease. Those vith
stnormal ALT levels - the upper lmit of nor:

1 15 considered an
ALT level of 60 - more than six months after the initial élagnoses.
probably have chronic hepatitis C and may ne

treatent. 19
But probably not. judging fros the fev whoactually recieve
the oniy possible remedy, interteron and rivavirim treataents.

chaps the most telling indicator of the approach
o hepatitis C in the prison system is that only
55 prisoners - less than one-foorsh of one percent

Ausber infacted - have fecieved
tion approved

y
of nepatitiz ¢
Goctors tena to

T st majority of patients
Sntacted Vith hepatitis @ aid Dr. Joseph Galati.
3'Houston 1iver speciallst in private practice.
*"Cereen for the contraindications bub othectise
assime a1l must be coneideres foc treatmant 20

0F approxizately 40.000 infected prisoners, 95 recieve treatment.
Up close and persomal. the neglect gats ugller

Stiles Unit is supposedly s medical prison, yet I met only one
fnmate to recieve the interferon and ribovicin remedy while T va
there. In June 2000, Richard Kusbier moved in across the alsie
in oy dore. His legs vere swollen, and belng a dlabetic T assumed
St vas s case of diabetic nueropathy. Kusbler said he vas HCVe but
ha¢ been told he suffered from vater build-up. Initlally, his legs
blotched red and purple and I thought he vas a goner. The draining
stapped and he stablized. But still no treatment vas forticoning for

1. Hargrove. r5td

19 Hargrove. Isid. Pa. 9.

20 Sayder. Mike. ‘Hepatiiis C considered a major concern for both TDCI
Gtfendars and the state.® Hovaton Chronicle. Rapeinted in The Echo. Vol.
e No. 2. Sumner 1999 7g. 1.

hepatitis ©
Soon after Richard Kuebler and T became neighbors, the UTHB at
Stiles offered s hepatitis B vaccine and ve both signed up for it.
The day ve went for the injection, I hesitated and refused it at the
Last minute. Kuebler vas Injected vith the vaccine, and his folloving
biood tests for HCY shoved strong and groving c:

of epatitis
Reaily in sy face is my illustrator/artist for On Assignment to
the Texas Dept. of Criminal Justice, Volumes | & 2, Clarence Fulton-
Uniike Kuabler vho recently arrived in TOCJ, Stoney Fulton has been
here three years and for the 1

& tvo yesrs hes an ALT levels between
80 and 110. His 1iver iz being destroyed and the medical professionals
o UTHB know it. Recieving spproximately $290 millien in flscal ys
2000 makes it 3 very difficult task to clain funds do not exist to

pay for the spproved medicines for Kvebler and Fulton. They do not
recieve 50 much as & vitanin.

mat dleeicult clain sbove does not mean the money appropriated
1t

1999 izsve of the
Echo, r. Lannette Linthicus, “Medical Director® of the TOCJ said “0ur
oftice of praventive

for prisoner hesith care vill actually be spent to help the ans

that prisoners must be lled to death. In the Su

sicine has drattes s hepatitis fact sheet.
geared tovards offenders, ané ve've just started to mail th
out to the units,” (smphasis added). Careful resding of this
fact sheet, dlscovers TOCI thrasding the eye of the needls, dodging
one vay then snother. Most peisoners recover from HCV vithout

intectaron treatments. soms are too far gone; others should recover
Vithout treatment. snd finaily, at the end of the pamphiet, very
Very fev people actiuily die bacause of HCU. Tt's a great vork

of propaganda that attespts to leave the resder belleving that

o prisoners die from HCV liver failure and that nome probably

4 tnteraron and ribavirin treatment, its simply a precaution
taken by doctors in the free vorid.

What does the Texas prison system do when repeated blood tests
over a tvo year period show a progressively vor
Gue to HCV? They lose the patient's test evaluations or entire medical
cocoras, and/or hand the patient over to the TOCJ - Transpoctation
Division, as they 4id to my triend Wayne Brovn. Clarence "Stoney™
Futton vas transferred to CON Venus vith me in October, and as Lannette

ning 1iver condition

Linthicun's office stated in Appendix B, T0CJ is mot responsible for
the neaith care in private prisons. No responsibibity attaches to any
TDCI o UTHD hepith care smployees from the:observation of this vriter.

No Bullets. No mass graves. No smoking crematorlums, and so far.

5o accountability. In many cases, no autopsy reports on murder victims.

The ex She. prison systes from that cusbersome

meseure of accountability in Article 49.18(c). of the Texas Code of

Crintnal Procedure. N1 that was needed vasian epidemic of HCY and

IV spresding unchaecked. bullding its strength from missed dosage

of medications. Richard Kusbler. Mike Alder and another inaate vishing

Yo remain un-named.s svear they've contacted HCY vhile engaging in no

eloky aceiviet
What is the threat of spresding these diseases to the community

at 1arge? Elghty percent of Texas convicts vill one day be released.
And some wi11:

Legisisture exempt

.. .introduce nev strains of MDR WIV, courtesy of the
Siate of Texas...That vires vill be carried in the
Sodies of peopie vho have been cruelly instructed that
Yhe greater vorld could care less vhether they live

or afe: It should be no surprise vhen they respond
i xina. 20
Hamanaignity is of equal valve among a11 pecpie. The values
of Americans can be me:

done to prisoners.

2,

Transter Pactiity. vill become
ABC Zine Distro.s Maxe money order

Parts IT & 1T of Butiding o
0 and medical wxperin

Serwb, ota.

Ena of part 1

At that address. It vill be free to prisoner:

_APPENDIX A
_APPENDIX A

Criminal justice
news briefs...

UTMB agrees to change
policies for experimental

research involving prisoners

In September, the federal Office of Hu-
man Research Protections ordered the Uni-
versity of Texas Medical Branch (UTMB) to
stop some federally funded drug research in-
volving Texas prisoners. In all, over 300
projects, including 26 that affect Inmates,
‘were halted. Most of these projects involved
the treatment of HIV/AIDS, hepatitis C and
cancer.

‘The federal office, a division of the U.S.
Department of Health and Human Services,
questioned whether some prisoners had

ured and detined by vhat they tolerate being

2%

More Perfect Killing Machines concorin
204 ny experionce. on the Garza Wast
f1able this summer, from South Chicago
for 12, 1 the name of Anthony Rayson
FH'EFS been properly warned

about the experiments,
Continued from 1 if, in some cases, the
Pagel potential benefits of the
research project may have been overstated
while the dangers to prospective patlents
were understated.

UTMB officials determined it was in the
best interest of the 99 inmates involved in
the 26 prison-based research programs to
continue treatment. despite the federal pro-
hibition. Federal officials subsequently al-
lowed an exemption for these programs
while UTMB submitted a corrective plan of
action for its research program.

Under federal law, prisoners can only be
used in medical Lesting projects under strin-
gent guidelines. Inmates cannot be enrolled
inrisky projects, blind testing projects where
one group of participants is given a placebo,
andall inmate participation must be a “truly
voluntary and uncoerced decision.

After examination of UTMB'S proposal,
the federal office directed the university to
create two review boards - instead of the
single board it was using - to look at research
projects before they begin. Advocates for
prisoners will be appointed to each of these
review boards

In addition to the additional review
panel, federal officials also suggested that
UTMB take a more active stance in moni-
toring prisoners once they have been re-
leased from prison and stop receiving the
experimental treatments.

29
avPEDIX B 30

‘TEXAS DEPARTMENT OF CRIMINAL JUSTICE

December 11,2000

Offender Homer Bown
0O £ 462774
Venus Fcity

Offeder Brown:

Youretter toLannette Ui, H. O, TOC) Oision o o HealthServices s frvarded to the
{Ofice f Prfessonal Standards o ivesigain and respnse. In you e, yo s o
haviog dverse reactonsto Novel Insusn, hvig (e ot ik dscontrons, g rocirs ok
ol shoes. Upon ecep ofyour e, te ity e epariment wos comacie) s st
e was reviewad Yourconcrms ar bt aqiesses

e, Uthicum st responste for your daty heskh cre dections, 0. Untheum does ot superise,
i, fre o counsel medial staf ot you (acty. They ae 1ok TOC) nployece Toes rov e v
‘own Medcal iecorand they are emplyees ofthe Carcona Corporanen of erin

1 hope Wt ths answers your concrs. Addess uure medcal concems to your ity medcal
Prvides an give them an ppertnty o esie ns comptants 3 concean o o
Sicere,

nvestontor
of Protession! Standads
\,

Xc: - Lannette Unthicum, M. D. TOC) Do Directo o Health Services
Ter Wison, Adrinirscr
Gy Smith,Paten Usion Program Admiiststr
Estes ity

Reterene 2: 000046277400001
Drug-resistant
HIV found in
Texas inmate

population

e sy e e

Fo T —
ey e ke S
e ey o e e s

b L
o et 3 St

Fot marinformation on HIV/

DS please tum 1o Poge 8,

Pora més informadin sobre

VIHICIDA,por fevor wiluesa
hada Pégina .

AppERDIX €

ow the Texos Department of Crimtnal sustice
” ’ 22

Steals Children's Lunch Noney and food From Poor People
And Wmat Texas Prisoners Can bo About It

There {5 no exact figure of hov much money has been evinds
from the U.S. government and thers probably mever will be. cConspiracies
are iixe that. Those who dlvert public funding from its intended purpose
VALl never puBIICly sdnft that the tax dollars are disappearing by

the truck 1osd.

The evidence includes the 1986 ruckus over the Texss Department

Of Corrections appiying for Weadstart funding for Texas prisoners enroied
In school. This vas the firss indication that something vas terribly
aniss VILhin the Texas prison system, and when the smoke cleared from

t¥0 o three veeks of bid publicity, TOC vas heard explaining that

{t vas entitied to Headstart money, obiivious to the fact that the

Progran vas created to assist needy children and that every dollar

901ng to TOC's coffers vould be taken from those children. It vas

Ehete Lunch money. -

Information about federal funding of Texas prlsoner s food, education
9ical needs vas thereatter reduced: to rumor vithin TOCI. But

over the years the prisoncrats developed several habits vhich I'we -
concluded are related to federal funding. The medla reported mothing,

bUt L' apparent that stealing the lunch money of children of the

Other 49 states. as vell as food from poor peopie and numerous other
government services has continued apace, groving iike an unsesn cancer
and authorized by the Texas Legisiatur Appendtx A, Texa
Code. Section 493.013.

Efficiency {s frrelavant to Huntsville and the most successtul
Prograns are those that exist only on paper. Mo instructors, no ciass
£o0mS, and 1ittle papervork at the unit level to prove that real fnmates
S1¢ in resl Class rooms vith resl teachers. At one time it vas poseibie
to extend such hoaxes several years before a federal bean counter

came around to Inspect. Now that the

ftors shov up so quickiy acter
the money is allotted. they are still required to call shead for the
varens pors

fon to enter the prison unit. so vho knovs Lf the
©1385 they see is the one being paid for. To remedy the probles of

accountability. programs and trestments rapidly change mames and mission
statements. vhile each prison svitches programs and courses that 1t

In the early 19905, ToCI stressed drug education for prisoners,

ard created a four telr program. Each of the four cias sopposeaty
eared for the level of drug dependency of the inmate. The motivation
for the progran vas detinitely collecting the money, and that oceurred
3t the beginning or middle of the semester because many of the gradustes
¥ould never recieve credit for the accomplishsent in thelr parole

€iles. once Hunisville acauired the grant money for the inmate.

33

s, convicts vould anxiously attend thelr long avaited parole interview
Vith thelr certificates for graduating the courses, only to be told

they wers golng to recleve an astosatic set-off becsuse some bureaucrat
falled or refused to cite his accomplishment In the recor

certificate given the fnmate vas meaningless.

encolement. thers vas no incentive vhatever o note his achisvement.

™o paper

meaningless 1s the song and dance percorns

by the Texa:
Parole Board for the current legislative session. The Parole Board
{s claiatng it is releasing more insai
because paroles

saying this s possibie
are being sent to spectal renabilitation centers
for therapy. In truth . these parcises are being sent to spectal units
24 to thelr families only vhen the lav require
It. They “parole" to their therapeutic communities and these units
are nothing more than TOCI prisons leased to private corporations
illing to violate every civil right and ruls of humsnity for 3 fev
doliars. The prisoncrats are claiaing 3 ducressing prison population
While buylng tise through the first six months of 001, vhen the Texas
Legisiature Ls holding its 77th Session and closely scrutinizing the
the Huntsville Prisons-R-s matia.

for sbuse and are el

The 1ast thing I vish to being forvard is the practice of having
811 fncoming prisoners €511 out social security card applications.
ALL tnmates. it seems. need that card - even L€ they already have
one at home. I vas required to €111 out tuo such applications, as
Vere ail in-coning prisoners st the Garza West Teanster Facillty.
Appacently the sdainistrators collect a fee or dip into the inmate's
sacial security accounts atter the prisoners unvittedly authorized

such with thetr signature. It

3 arstery as to vhy T've never recieved
a card, nor has one ever been mailed to my hose as promised.

It's the shame of the democratic party that social benefits for
isadvantaged citizans vas decressed during the Clinton Administration.
But that dossn't reflect the vhole story vhen 2.8% of tha vorking
pooe 1n Texas vare locked avay i the prison system and that agency
i sucking up revnues from the remaining resources of public funding
to pay for the Incarceration of those vho've:been thrown cosplately
out of soctety. This siaply lsn't bad government....it's suicidal
Government . The more vorkers deesed expendable and sent to prison,

Ehe less actual revenues for prison costs: the 1
pay for TocI's € money for public assistance:
and thus a greater number of cltizens who turn to crime. The higher
fates of crime require 3 lacger prison budget.

Ironically. Texas prisoners may hold the key to stopping the theft
of Lunch money from school kids and funds from the fe

tax revenues to

© of pork and the 1

ral tood stamp
Progran. 1 TOCI d1d not recteve this money, ve the prisoners vould
never notice. The Huntsville adainistrators are aiready recieving
hundreds of millions for psychological services and medical care,

and L€ the slleged medical professionals happen to discover 3

problen. ve have to.struggle vith them for adequite care that - 39
hoperully - Wil not include & side-bar medical experiment for a drug
company. OF orse. And in case you Maven't noticed, the food in ToCT

has turned into inedible, deadly arbage in the past year or tvo,

25 the system vith an ever-increasing budget has skimmed and stolen

the food . money ....taking our f00d just 33 they take the food from

the school kids and the poor.

Authority requires the consent of two parties. If one denies

nt to be governed. authority as ve know it deterlorates into

force. We vitness this across the eystem todsy vhers the TOCI admini-
strators have creatad prison conditions so bed that prisoners disallov
aUEOT ity to exist. and st thoss units semi-controlled chaos has repiaced
actual “operations.” It is a terrible thing. in my opinion, that the
human condition fs reduced %o the present day Terreil. French-Robinson
a0 even Stiles unit standare: bot ve should alvays remember that

the origine) probles vas a mistaken thaught, or rather forgotten thought.

that prisons are a nece:

£y soctal evil. Kot 3 bustne:

he prison
00R led to and sanctioned the abuses of the Huntsville buresucrats

and the =

rles (nfiicted by vardens
And prisoners do have a chofce in granting or denying the authority
over thes. and vhat I suggest is a p
taking place on some units

I am familtar vieh the legal cese of David Ford. Eighteen days
after Ford thought he'd completed parole. the Texas Boscd of Pardons
and Paroles lssued a varrant for his arrest. This of course surprizes
him. but what happened mext vas truly amszing. The TOCI - Pa les
Division told Nr. Ford that they vanted to rensbilitate him. Never
mind that the varrant and his orrest vas totally illegal. and his
conviction - for burglary - vas 20 y

Ford vas. to say the least, disinclined tovards renabiiltation
br his Kidnappers. yot vas taxen from corpus Christie to an lsolated
Substance Abuse Feiony Punisheent Factlity in the Hondo, Texs
doubt to abuse his substance. That when this Ford vent sidevays in
the oa.

tve arternative to vhat is

re o0

He had not abused any drugs and not committed a felony.
What ve nov know for certain iz that the private corporation
operating the Wondo facility had nolegal suthority to treat, proge
educate or abuse David Ford until he signed the contract making him
a “client™. Upon arrival in Hondo everything that happened ves - R-
U-Ready? - very BAD. While these "counselors vere yelling at Ford.
he happened to notice that this treatment facility looked distincely
Mke 2 TOCJ prison, vhat vith all the gun tovers. razor-vire and tall
fences. Then he refus
he yeiltng and cu
not speax to other inmate
he vas handed @ paper saying his pacole vas revoxed, vithout the Norrissey

to sign the contact
ing stopped Instantly. Ford vas ordered to

because he vaz not @ ciient. Eventuaily.
3<

revocation hearing. This too vas illegai. We have heard &

-
45% of a1l people sent to thoss SATP/drug programs are revoxed, depending
on the vhim of TOCJ psychologlsts and counselors.

Remenber those social security card sppllcations? It's the signature
of the convict that teiggers the flov of money to TOCI.
But here's the clincher: Reginning sround 1990 a

iitar siogen
began to be heard at every prison classification comaittee and I've
heard it dozens of Limes. At the close of the comsittee, vhether
it resulted in good o bid. vas “Sign Nere, this is only to shov
that you ere hear today. “Show to WHO?® vas never. asked, but I'1L
pronise you that a veek or 3 month after those m

tings the Texas

prison system collscted & fas, probably for counseling services.

nd T helped. Helped Line the pockets of the good o' boys in Huntsville
n 1998 or 1999, siightly before Ford refused to sign his slavery

certiticate in Hondo, T appeared before my last classification committes

An 1 signed "Joe Hill® vhere my name vas supposed to be, on the

classitication vorksheat. Nothing ves ever sald to me. but I vish

T had & pleture of the bureaucrat’s face vho discovered the name
of the most €

ous Wobbly instead of mine. I have never been asked
to attend another classification comaittes and not signing is nov,
a hanie

What T am caying is. ve prisoners are assisting in the fonding
of our incarceration. These people vho destory our families ruin
our heaitn vith poor food then practice

atcat experisents
Vork us vithout pay. vho dare to deny us aspirin for our headaches

who

yet substitute liver destorying tylenol: the

state empioyess
Lake lunch money avay from our children. and the school kids in Iilinois

and Wew vork besides. svery time of slmcst every time 3 Texas convict
signs the paper piaced betore him.

on Assignment To The Texas Department of Criminal Justice

waccn 11, 2000

and will, to the best of my
ability, preserve, protect, and
defend the Constitution of the
United States.” —George8urh

Insugoraion Diy

BU \X\H Tanery 33193

EX3

§493.012 EXECUTIVE BRANCH
Tile 4

(3) a description of the type of recruitment strategy used to attract histori
cally underutilized businesses: and

(4) recommendations for the improvement of historically underulized
business opportunities with the board and the department
(€),In this section, “historically underuilized business” means:

(1) a business entity formed for the purpose of making a profit of which at
least 51 percent is owned by one or more persons sho are socially disadvi.
taged because of their identification as members of cerain groups,including
women. African Americans, Hispanic Americans, Native Américans, ang
Asian Americans, who have suffered the effects of discriminatory practices o
similar insidious circumstances over which they have no control, or

(2) a corporation formed for the purpose of making a profit in which at
least 51 percent of all classes of the shares of siock or other equitable
securiies is owned by one or more persans described by Subdivision (1)
Those persons miust have proportionate interest in the control, operation, and
management of the corporation's affais.

dded by Acts 1991 720d Leg.. 204 C.S. <h. 10,5 19.06, i Oct. 1, 1991, Amended by
Acts 1993, T3rd Leg..ch. 988,§ 407, off Sept. i 1993

Cross References
‘Disadvaniaged businesses. puli comrscts, see Vernan's Ann.Ci 5 3. 601,

§ 493.013. Federal Funds Committee

(a) The board shall ensure that the federal funds committee of the depart
ment includes representatives of all divisions of the department that may be
able (o assist the committce in identifying and qualifving for additional federal
funds, specifically including the offices of the institutionl division that manage.
agricultural and industrial issues.

(6) The board shall require the commitiee to:
(1) maximize federal grant and cntitlement funding available to the stoe:

2) submit biennialy to the board a detailed report that includes inform
tion on all federal grants and entitlements idenified and applied for by 14
commiltee and the results of the applieations: and

(3) work in conjunction with the Office of State-Federal Relations and (%
Texas Department of Human Services to.investigate the applicabiliy o

(A the national school lunch program to inmates who are pursviad &
primary or secondary education while confined in the instiutionsl divisoR
and

(8) the food stamp program administceed under Chapter 33. Hu®
Resources Code. 10 inmates who are confined and treated in Subsiso
abuse felony punishment facilitcs.

Added by Acts 1993, 13rd Leg.,ch. 235, 5 1,01, ¢ff. sy
386

993.

he Stiles Report: The Janvary 18 Riot

37

On Janvary 10, 2001, at around 6:00 p.m., T vas vorking on the
menu boar

in the rear of the Stiles kitchen area adjacent to the
pot. xoom.. on the ook €100t 5 bunch of lovd yeiling n the
ares of the back door of dining room 0. and vhen I looked in that
run through that door. He grabbed

deying rack vhich 1s-in the vegetable
hind hin came a group of inmates grabbing can openers and
other assorted kiichen utensils: they could

Then 1 heard a loud pounding from the
and vhen T looked over there my eyes began
vas coming from 49 chovhell. Through my te

T heaca

aicection and sav a big balck inmate
a 1ong metal stirring paddle off the

use 2z veapons.
ofticer's Dintng Room door.,
to tear from the gas that
s, T sav an officer unlocx
the: door of: 43 chovhall and 3t the other end of the kitchen. Another
officer vearing & gas mask stepped through the ODR door and fired
thcee cans of gas tovard the vegstable room area. In my opinton. one
can of that stuff vould have been snough. for I began to get sick.

I stumbled tovard the ODR door and sav the officer vith the ga
gun fire ofe another cannister of ga
roon gate.

tovards the commissary/supply
then he turned and shot tvo more into the bakery. One of
struck ofticer Zion on the shoulder and he nearly vent
Then the gas can shooter flred a round each into chovhalls €3
Bt nov gusrds vere pouring in and the €ighting vas stopped.
I collapsed in front of the ODR door and an officer gral
by the shict. He said ley dovn on your stomach.” T did as he sald
and he began trying to put plastlc tles on my vrlsts, but his ayes
Vere 5o blinded that he couldn't see elther. When he finally go: the
on me. he 1ed me out through the ODR door and T vas told to lay dov
the concrete, face down, ostside the xitchen building.
There vere about tventy lnmete Xitchen vorkers outside.

those cans

tnerua

mr

Good friend, Me. Yates. The guard
Gyn 7. whers ve vereagaln 1aid on
and a haif betors being separated by
Video taped looking for injurles. At
us to our respective housing assignm
sbout fourty degr

out ana ate

Gyn to 19 Builing dorm. They dla let

Laver 1 vas told tnat oelcer Zion

eventually got us up. took us
our stomache for about an hour
Face. We vers then uncuffed and
about 11100 pm.. they escort

It vas

nts in our shorte only.

ane 1 neaciy froze golng rrom 7

us xeep our sho
4 the vhole mess

by opening #8 chovhall doorto let officer Freeman gat avay from the

Flcst rounds of gas shot in there
ao0r

Late to contaln the riot.

The whole thing vas » Chinese fire drill in my
that could get
i

etne
™is
Wo =

example of the lack of training
same Officer Zion is still here

tter that that he endangered hundreds of 1ive

He 3130 reused to open the ODR
until another officer told him to open 1t beca

it vas too

opinton. Another
folks Killed.

nothing ever happene:
and that the folloving

and acts a:

security crunch resuited in the housing resssignaent of hundreds of
convicts vho. 1ike myself, veren't actually Involved in the fighting.
e magery devel at the Stiles Unit. in Beawmont, Texss, has | §
increased dramatically since the riot of January 18. 2001.

St1as Hooter, Soutn

torn correspondent,

On Atsignment to the Texas Department of Criminal Justice

Januacy 19, 2001

catendar 1,

Crodit Uhile on Texas Parore

The obfective of this paper 1s to present a vinning argunent
Ehat technical parole violators In the State of Texas shovid recieve
Calendar (£1at) Lime cradit for the years or days spent successfully
on parole or mandatory supervision. Currentiy. their sentences are
FeCalCulated and extended by the parole bureaucracy for the silgniest,
"Oft PeLty administrative offences upon revocation of supervised rere

T've researched this Lssus tuice and came up short. Stilr th

ceisted and hundreds of offenders vere victinized by snake-
©f1 vrlt velters. When I vas transterred to the Sanders-Eeves Unisy
(formerly Veous Pre-Release) in October 2000, T met vith bavid rord
and much of the research herein fs his. This argusent is free to those
¥ho vIsh to struggle vIth their stamps, paper and minds.

21 Custody & Calendar Time: A Texas prisoner relsased to parole

OF mandatory supervicion remaing in the legal custody of the ToGs.
Paroles Division, pursuant Texas Governmont Code. Section (1) 508.143(a)s
he of sho continves to be defined as an “inmater in Tex.cov.c. 8498001,
WMat ve vant {s calendar time credit for days on parole and we find
{n Tex-CoviC. §508.155(b) that the the on 1s computed as calendar
time: L., flat time credit.

Furthemmore:

§508.253. Ercect on Sentence Arte
I€ % appears s relesses i
provision of the et

Issuance of arrant.
iolated s condition or .
s parole or mandatory supervision,

the date trom the' issuing of'the varrant to the Sebe

OF the Teleasee’s arrast is not comnted as pore of

Ehe tiner served undar the relessce's sentence”

Tex.Cov.c. §s0a.253.
7o claricy this quotes the ¥ord “only* should sppear after -violateds

Tove. Thus, it appears that the poriod of successtully compieted

7arole counts tovards cospletion of the sentence (mposad: that the

tegialature never granted permission to the Texas Noara of Pardons

14 Paroles to recalculate the parole violator's semtance. If our

time fs calculated as calendar tims in accordance with §08.155(h)

above - that I, day for day - It vould seem that there 1 no lesal 3q
\ay the prlaoncrats could dlscredit the successul period of parole
from our time calculation.

et 1

. there are tvo vays to legally
catculate_our tine upon parole revocation.

In Tex.Gov.. §508.203(c), the Texas Leglalature also geanted
the prison system the suthority to take all the time spent on parole.
But there &s a big ditference in taking the time betveen the {ssuance
of a varzant by the parole board and the.
the time between rel

of hrrests and taxing:
and the date of arrest, snd that aitference

i that betveen biue andivhite. Therdsis no legal vay the parole bureaucrs
resentence parole violators, but befors explaining I vant to digr
Into the legisiative history behind Texas Government Co
508,

Section

From 1977 to 1985, the lave concerning parole. parole varrants,
cevocation and discharge of sentence remained relatively static, and
vere found in Article 42.12 Sections (§) 21, 22, and 23, Texas Code
of crimtnal Procedure (TcoR):

Section 21. (a) X varcant for the return of a paroled
Prisoner, & pr ndatory supervision.
B rlsoner raleased to emergency reprieve or on furlovgh,
5:"s parson released on conditiomai pardon to the
ShetiEuion rom vhich he vas pacoled, released. or
pardoned: may:be issued by the Board:on or

Governot uhan thera is whon there is s
Rt e nas commiteed an offenss sgainst the lave
of tnis State or of Violated a
Conaition of his parols vieion, or
Condltionas pardon, of vhen circumstances indicate
Shat he poses a danger o socisty that varrants hi
incaiate return to incarceration. Such varrant shail
Aothorise 11 ofricers maned therein to Lake actual

Letosy o tne prisoner and return his to the institution
ron which he vas relessed. Pending hearing. as hereinafter
Drovided: upen any charge of parole violation or the
Zonaltions of mandstory supervision: the pelsoner

Shai1 rematn tncarcerated

(b) N prisoner for vhose'return 3 varrant

has been Lssued by’ the Borrd shails afver isswance

e aTrane. be desmed a fugitive from justice
Ppear hat he has violsted the conditions

o€ Ris nandatory

Chen the tine ¢roa the issui

SateofRis srrest shall notbe counted as amy part

SEtRe Tine to be merved under b

O e e )

Texas to extradite persons and retun fugitives from

Justices from other states Lo this Staten shall mot

22 inpairea by this Act and shall remain in full force
ana etrect.

Sechion 22. Whenever 3 peisoner or 3 person granted
e foner pacdon 15 accused of a violation of his
Bafotes mandatory supervision, or conditionsl pardon

B hformation and complaint by.a lav.enforceent Ofticer
e areicer, he shall be entitied to be heard

e Eaeh Sherges betore the Board or its designee unde:

hch fules snd reguistions as the Board may adopt:
o i5ing hovevers said hesring shail be a public
o dna a1 be held within ninety days of the

4o

ate of arrest.under a varcant fssued by the Board
Of Pardons and Paroles or the Govarnor and st s time
and 2 placesar by the Bosrd. When the Board has hessd
Ehe facts, it may recomnend to the Govarnor that the
tory supervision, or conditionai pardon
or revoked.l of modi€ied in wny momner.
ant. ihen the Governor revokes
3 Person's parole.s andaiory suparvision: or conditional
pardon, that person may be feuired to serve our the
Portion remaining of the senience on vhich he vas
Felessed. such portion remsining o be caiculsted without
cedii cor the b fron the aafe or i roladse’ sy
2 of revocation. Men a vATEATe 13 {ssyes by
he Doard of Pardons and Paroles or the Governor charging
2 violation o release conditions, the sentence time
it "snall be suspanded until 3 determination: (s

and Paroles shouia
sUch parole. nandatory supervision, of conditionei
ardon be continaed.

Section 23. In order to complete the parote period
paroles ihall be requires to serve but the vhote

Eerm for WRICh he uas Sentenced. subject o the deduction

F "the tine hu had served prior to his parole and eo.

any dininution of santence sacned for the goed hehsior

hi1e Tmprisoned th the Deparement of Corricions.

e Line on parole shall be catcuisted as calendar

Eime. This provision, hovevers ahali not be tomstrusd

50735 to Intertors Vith the constitutiona: pover conterred

uPon the Governor to grant pardons and to commute sentences.

Wnen any paroled brisoner has foifilled the obiieations

9F s parole and has Zerved out his tars se conditiones

in fho Preceding paragraph, the bord shali mere s

£inal order o discharge snd {asveihe prison

¢ alacharge

corticieate

Article 4210 §21(2) and (b) eventually became Tex.Gov.C. §508.253,
Sboven vhile Art. 42.12 §22 becams Tex.Gov.c. §508.283(c). To this
day. the former addresses blue varrants Lssued by the board.s vhile
the latter addresses *inforamtlon:and: conplaint of a lav enforcemant
officer.” f.e.. an fndlctaent.ror 3 vhite varrant! See Appendix A-

Yolume 3 ot on A

fgnment began vith the story of the Blggest
History. Now you'll Xnov the second biggest.

the 69N Texas Legisiature deleted sectlons 11 to 36,
of Article 42.12 TCCP. Hovever, Acts 1985, 69th Leg., Chapter 427,
§4 provides:

(2) Except as provided by subsection (b) of this
this Act Is intended 3s:3 recodification onty. o
Substantive change in the 1av is intenged

etton

hose abovaccits

sections of Act. 42.12 vers maved whole to

ane Mandatory Supervision Lov. tn Act. 42.10

“Acticle 42.12 121(a) gave the Rosrd the pover to fseue

a varrant on order of the governor vhen there vas reason to believe

the releasee had violated the terms of his relesses including the
1ton of breaking a lav, vas moved to Art. 42.18 §14(a)

“Arbicle 42012 121(b). stlpulated: thab arber & varrant had b

f55u04 and hearing heldr L€ (¢ appeared the reloasee had violated

41

the terns of his relesce. "then the time from tue issuing ot the

warrant to the date of his arcest® - that fs, the perlod he vas a
“fugitive from justice® and out of custody - “shall mot be counted
a5 any part of the time to be served under his sentence,"vas-woved

to Art. 42.18 §14(5). These tvo sections entered the modern vorld
“ith 3 caption, “Warrants.®
“Article 42.12 §224

of 3 relesses committing a another crime, and having an intormation
and complaint 1odged agalnst him by the pollce of his parole officer,
came Art. 42.10 §15, vas titled “Hearings; Sanctlons,® and alloved

ch envisioned the vorse case scenarion

the Parole Board to dlscredit all parole time from the calculation
of the sentence. See Appendix 5.

When the pecole lavs vere recodltled in Acts 1985, the pollcy
of the bosrd changed alzo, Desplte the intent of the Leglslature.s
the board began taxing all parole ti

To confuse matters even more. in Acts 1909, Chapter 1101 §7.
the 7ist Texas Legisiature repealed 42.18 §13, and renvmbersd §14

ko §13. 115 to 14, act., vithout reference.anyvhers I have found
The numerical cites are simply crossed out. Then in a SLxeh Called
Session. renumbered those statutes pertinent hereln (See Appendix

©). and crested the T0C3 - Paroles Division. seemingly on & moments

notice. See Section 17 of Art. 42.18

Whenever a person 1s returned to TOCI for a techalcal vielation
of parole or mandatory suparvision, the prisoncrats nov resentence
him or her to extanded custody, by adding hls entire successtul parole
period to the back of his sentence extending his maximn expiration
date 1'11 leave 1t to you to develope arguments in Double Jeopardy.
Taxings Clause. Separation of Povers, snd Due Process Clause arguments:
11 of Which T believe are being violated.

David Wayne Ford. Research Correspondent. and
On Assignment to the Texss Department of Crimimal Justice
apet1 23, 2001

Art. 42,12 CODE OF CRIMINAL I'ROCEDURE, v

witing such information as may be in his possession or under his
control to the Board, upon request of any member or employee there-
of.

See. 17. It shall be the duly of all prison officials Lo grant to the
members of the Board, or ils properly accredited representatives, ac-
cess at all reasonable limes Lo any prisoner, to provide for the Board
o such representatives facilities for communicating with and obser-
ing such prisoncr, and Lo furnish to the Board such reports as the
Board shall require concerning the conduct and character of any pris-
oner in their custody and any olher facts deemed by the Board perli
nent in determining whether such prisoner shall be paroled.

Sec. 18. The Board shall formulate rules as to the submission and
presentation of information and arguments to the Board for and i
behalf of any person within the jurisdiction of the Board.

Al persons presenting information or arguments to the Board shall
submit therewith an alfidavit stating whether any fee has been
or is to be paid for Uheir services in the case, the amount of such fee,
if any, and by whom such fee is paid or to be paid.

Sec. 19, The Board shall have power Lo issue subpoenas requiring.
the altendance of such witiesses and the production of such records,
books, papers, and documents as it may deem necessary for invesliga-
tion of the case of any person before it. Subpoenas may be signed
and vath administered by any member of the Board. Subpoenas so
.y he served by a sheriff, constable, police, parole, or proba-
- or other law enforcemient officer, in the same manner a3
¥ process in courls of record having original jurisdiction of
criminal actions. Any person who testifies falsely or fails lo appear
‘when subpoenacd, or fails or refuses to produce such material pursu-
ant to the subpocena, shall be subject Lo the same orders and penalties
to which a person before @ court is subject. Any courls of record
having original jurisdiction of criminal actions upon application of
the Board, may in their discretion compel th attendance of witness-
es, the production of such material and the giving of testimony before
the Board, by an attachment for contempt or otherwise in the same
manner as production of evidence may be compelled before such
courts of record having original jurisdiction of criminal actions.

Sec. 20. The Board shall have the power and duty to make rules
for the conduct of persons placed on parole and of porsons released
to mandatory supervision.

Sec. 21 (a) A warrant for the return of a paroled prisoner, &
prisoner released to mandatory supervision, a prisoner released on
emergency reprieve or on furlough, or a person released on a condi-
tional pardon to the institution from which he was paroled, released,
or pardoned may be issued by the Board on order by the Governor

168

APPENDIX A
Ch. 12 JUDGMENT AND SENTENCE Art.42.12

when Uhere i renson o heliess that he s committed an offense
agsist e aws of his State o o the United Sate, »iooed o
shall autharize i affices. ool thren to foke acko cusiaty of

(1) A prisoner for whose return a warrant has been issued by the
Boar shall, ytey the issuance of such warrant, be deemed 4 fugitive
from justice and if it shall appear that he has violated the conditions
or provisions of his mandatory supervision or parole, then the time
from the issuing of such warrant to the date of his arrest siall not be
counled as any part of the Lime to b served under his sentence. The
aw wow in effect concerning the right of the State of Texas (o extra.
dite persons and return fugitives from justice, and Article 4211 of
this Code concerning the waiver of all legal requirements 1o shiain
extradition of fugitives from justice, from other states (o this State,
shall not be impaired by this Act and shall rems

n in ull force and

isoner or o person_granted a_conditionsl
lation of his parole, mandatory supervision,
or conditional pardon an information and complaint by A law enforce.

he shal be entilled to be heard on such
charges before the Hoard or its designee under such rules and regula-
tions as the Board may adopt; providing, however, said hearing shall

‘be a public hearing

ind shail be held within nincty days of the date
of airest under a wavrant issued by the Board st ardons and Do

toles or the Governor and at a lime and place set by the Board.
When the Board has heard the facts, it may recommend to the Gover-
nor that the parole, mandatory suparvision, or conditional pardon be_
continued, ot revoked, or modified in any manner the evidence may
warrant. - When the Governor revokes a person's parole, mandatory

supervision, or conditional pardon, that_person may be renuired. to
e the portion remaining of the séntence.on which he was reeased,
sueh portion vemaining to be caleulated wihout credit for the time
{rom the date of his ralease o the date of revocation. When a wi

rant is issued by the Board of Pardons aind Paroles or the Governor
charging a violation of release conditions, the sentence time credit
shall be suspended until a determination is made by the Baard of Par-
dons and Paroles or the Governor i such case and_such suspended

it may be ve-ingtated by the Board of Pardons and Paroles

should such parole, mandatory supervision, or conditional pardon he.
continved,

169

NPPENDIX A

1
¥s
Art.42.12 cODE OF CRIMINAL PROCEDURE Part 1

Sec.23, In order to complete the parole period, a parolee shall be
required to serve out the whole term for which he was sentenced, sub-
ject to the deduction of the time he had served prior to his parole and
to any diminution of sentence earned for good behavior while impris-
oned in the Department of Corrections. The time on parole shall be
calculated as calendar time. This provision, however, shall not be
construed 5o as to interfere with the constitutional power conferred
upon the Governor to grant pardons and to commute sentences.

When any paroled prisoner has fulfilled the obligations of his parole
and has served out his term as conditioned in the preceding para-
graph, the Board shall make a final order of discharge and issue to
the parolee a certificate of such discharge.

_Sec, 2. When any prisoner who has been paroled or released to
mandatory supervision has complied with the rules and conditions
governing his release until the end of the term to which he was sen-
tenced, and without a revocation of his parole or mandatory supervi-
sion, the Board shall make a final order of discharge and issue the
prisoner a certificate of discharge.

Sec. 25. On request of the Governor the Board shall investigate
and report to the Governor with respect to any person being consid-
ered by the Governor for pardon, commutation of sentence, reprieve,
or remission of fine or forfeiture, and make recommendations there-

D. Supervision of Parolees

Sec. 26. The Board of Pardons and Paroles shall have general re-
sponsibility £or the investigation and supervision of all prisoners re-
leased on parole and to mandatory supervision. For the discharge of
this responsibility, there is hereby created with the Board of Pardons
and Paroles, a Division of Parole Supervision. Subject to the general
direction of the Board of Pardons and Paroles, the Division of Parole
Supervision, including its field staff shall be responsible for obtain-
ing and assembling any facts the Board of Pardons and Paroles may
desire in considering parole eligibility, in establishing & mandatory
supervision plan, and for investigating and supervising paroled p
oners and prisoners released to mandatory supervision to see that the
conditions of parole and mandatory supervision are complied with,
‘and for making such periodic reports on the progress of parolees and
prisoners released to mandatory supervision as the Board may desire.

Sec. 27. Al information obtained in connection with inmates of
the Texas Department of Corrections subject to parole, release to
‘mandatory supervision, or executive clemency o individuals who may
be on mandatory supervision o parole and under the supervision of
the division, or persons directly identified in any proposed plan of re-
lease {or a prisoner, shall be confidential and privileged information

Ch. 785, § 5.01 7hst LEGISLATURE—REGULAR SESSION
9

) [(m)]_In additon to oher conditons of parole and release on mandatory supervision
imposed under (Subsection{g)-of] this secton, the board shall require 3 prisaner released
on parole or mandatory supervision to pay 3 parole supervision fce of $10 1o the board for
each month during which the prisoner is under parole supervision. The (ce applis 1o 3
prisoner released in another state who is required 3 3 Lerm of hs relesse to report o &
Parole offcer or supervisor in this state o parole superviion. O the request of the
prisoner, the board may allow the prisoner Lo defer payments under this subsetton. The
prisoner remains responsibe for payment of the fee and must make the deferred payment,
Dot ater than two years fier the dae on which the paymen becomes due. The bourd of
the Tezas Department of Criminal Justice shall establsh rules relating ts the method of
Payment required of the person on parole or mandatory supervision, Fees collcied
‘under (his subsection by U board shall be remitted to the comptroller of publi accounta
‘who shall deposit the fees in the general revenue fund of th state tressury. In a parole
‘o mandatory supervision revocation hearing under Section 14 (15 of this aricle at which
it ia alleged only that the person failed (o make 3 payment under this subsection, the
inabilty of (he person o pay 33 ordered by the botrd is an affirmaive defence 1o
revocadion, which the person must prove by 4 preponderance of the evidenee

(o) Th_Soard_shall_sntar_ioto-a_memorandum-of-undoretanding with-the—Toxss

mtndem_ol-snin
sorviaes-io-rolaasoss-disgnosed-as-mentaly sotarded-or mentaly Ih)

Sec. 9. DUTY TO PROVIDE BOARD WITH INFORMATION. 1 shall be the duty of
aay judge, ditrict tiorney, county attoroey, police officer, or other public officl of the
state having information with reference o any prisoner elgible for parol o send in
‘writing such information 85 may be in hia possession or under his contzo t the board,
upon request o any member or employee thereof.

Sec. 10, ACCESS TO PRISONERS. 1t shall be the duty of the institutional
division (sl-prison-offeials] Lo grant (o the members of the board or s properly
accredited representatives access at al rexsonable Gmes to any prisoner. 10 provide for
the board or such representatives faciltes for communicating with and observing such
prisoner, and o furnsh o the board such reports s the bosrd shall require concerning
the conduct and character of any prisoner in thei custody and any other facs deemed by
the board pertinent in determining whether such prisoner shal be parcled.

Sec. 11, INFORMATION AND ARGUMENTS TO BOARD. The Teras Board of
Criminal Justce (bossd] shall adopt [formulata] rules 33 to the submission and presente,
ton of information and srguments 1 the Board of Pardons and Paroles division (bossd]
for and in behalf of any person within the jursdicton of that [th] bosr.

All persons presenting information or argumens to the Board of Pardons and Paroles
division [boasd] hall submit herewith an a(Tidavit stating whether any fee has been paid
oris to be paid for thei services in the case, the amount of such fee, i any, and by whom
such fee is paid or to be paid.

Sec 12 SUBPOENAS. The members o the bosrd, acing in parle parels aha
have power to ssue subpoenas requiring the atlendance of such wilnesoes nd the
productionof such records, books, papers. and documents 3 t may doem ncessay for

atigation of the case of any person before il Subpoenas may be signed and oaths
administered by any member of the board. Subpoenas a0 fasucd may be served by &
sheri( » constable, a police, paroi, or probation officer, or another law eniorcemeat
officer in the samé manner a3 similar process in courts of record having orginal
jurisdiction of crminal actions. Any person who teatifea fasely or fail to appeat when
subpoenaed or il or efuses to produce such material pursuant to the subpo
subject ta he same orders and penaltea to which & person before & courtis
courta of record haviag original jursdicton of criminal actions, upon applicaton of the
board, may in their discretion compel the aiendance of witnesses, he producton of Such
‘material, and the giviog of testimany before the board, by an attachment for contempt or
otherwise in the same manner a3 producton of evilence may be compeied before auch
ourts of record having original juridiction of criminal scions.

(So03—Tho-board.shall_have-Lho-powor-snd-duty-to-make.rules.lor-the-condvat of
pormons-placed-on-parole-snd-of persons salsanedio-mandatory-suporeiion

LEGISLATURE—REGULAR SESSION Ch. 785, § 5.01
7

e 13 (14 WARRANTS. (s) A warrant for the return of 3 paroled prisoner, 3
‘et released to mandslary supervision, o reident released (0 & preparole or work
fough program, 3 prisoner reessed on emergency repreve or o1 Turlough, or 3
onPtoEeved on 5. condioml pardon 10 the insuoLon Trom “hich he was pareied
e o pardoned Ry be 31063 by the members of (he boars aciing n’ porasé
el ades of pacle or mandsory supervson, o by the bord on arder By e
raor i oter 3485, when hers i enant i by tha he has commii a offense

the. e of i 3312 or oT i Died States: wiolated 3 coniiion of b parole:
Siaiony supervision or condiion pirdon or when Lhe cmtances indcais (r3Che
e e o sty AT watraits 3 imhediie rlirn 1o iessesraanSuck
e hall sathorie sl ofhcars ramed threin 1o 5ke sctusl castody of (h risoner
retum him o the nsituton from which he was relessed. Pending hesting, 25
einalla provided. upon any charge o parce viotion or vilston of the candtions of
e Somarvata. o riooer i 18 tosioly Shall emais Searcemaies. 1l 2

i pore i oherwiss uhoried o e 3 warrant nder ths aubsection

o ey nstend e Lo % priscoer simmons TequicnE (he Prisoner 1o sppen
Tore te baurd o N designes 1or = hesrng nder Secuon 15 15)of s aricle. T
ons st 3ace the e, place. ate, 3% purpone of the hearng. - Formet {2.1%
(50 A prisane fo whose rturn & warranthas been saued by the bord shll,31er thegg |
Juance of such warrant, be deemed a fugitve {rom justice and if i shal appeac that he 3
At the oo o provsions of N mandtory superiion o arsle. ihe Gime

3 he i of ch wirrant o he Gate of B areac hall ot b Counted a3 v part

e tont 1o o aerved under i semence. The s now in e1{6t oncerming the ght
RS ST o exradh pesons and return Togiies from fuste and. Arvle
LT of thiscude concerning the waiver of 3l Iegal requiements 0 cbian extradiion of
e trom ustice Trom other st t this sits anall ot e impaiced by this e
A Sha remai Gt foee aod eflct Teoamanth 4177
Sec. 14 (15)_ HEARINGS: SANCTIONS. ) Whenever 3 praoner o a person grant 52
£ oniors! pardon s sccosed of 3 vilaton o i parcle. andaiary Supervisio. or
nional pardan. on information and compiamt by 3 low enforcement o{Ger or parol)
heneveshal e saie 1o b herd o sich harges betors 8 parol panet [t Lo
' ia] den ¥ Giison ander such rice 38 the Teras Bourd of Criminai
ftite hoand] may adop; provided. however, 3 hearing shal b 3 public hearing ancy
e il i 10 days of the e of aercat under 3 warrant sucd by the oard of
Sardons and Paroles division (beasd) or the governor and al a time a0d place 3t byl
e parats panetor desines (uhesoasd], ot panet or derignce Bosrd) hay hold the
e e i e b e dae atherwiae reqire by eh secio i i¢ (a-soed]
ebmtoe » dilay i necesary o assure o process for (he peron. 1L 8 parate panel

a7 designee (the-board) determines that 3 parolee, mandatory supervisee, or person
nied s conditional pardon
e e somiial Wkl ss Slmatiatve tcsoee and 1 bech stmianced Bt she

clony of fense commi
ourtio tern of incarceration i3 penal natkutio, the (boarde] determinaton i to be
Somebieral s Bulicnt hearing o {and-she-board o]

] revoke the parole or mandatory
Supervision or recommend Lo the governor revocation of & conditional pardon without
Turther hearing, except that the parole panel or designce (board] shall conduct a hearing
Lo consider miigating circumstances if requested by the parolee, mandatory supervisee,
o person granted a conditional pardon. When the parole panel or derignee (boasd) has
heand the facts, it may recommend 1o the goveror that the conditional pardon be
continued, revoked, or modified, or it may continue, revoke, or modify he parole or
mandatory supervision, in any manner warranted by the evidence. (1£_the-posson's

Tenised-to. partisipata-in—si—olectronio_moniioring-prograin] The Tezas Board of
Criminal Justice (board] shall evelop and implement a system o sanctions that may be
imposed by the Board of Pardons and Paroles division (bosedr-in-ita-dicsrotion,] on 3
person whose conditional pardon or release on parole or mandatory supervision is
Continued or modified. The parole panel or designee [bosnd] must make its recommenda-
Son or decision no latar than the 30th day after the date of the hearing. When a person's
parole, mandatory supervisin, or conditionsl pardon s revoked. that person may be

Ch. 785, § 501 71 LEGISLATURE-REGULAR SeSsio

e 1o serve s poction remsiin. of he etce on which b was reersd,such
B S o e o e s
B e ]
S A gl (S e
uapinded e pinaion i Bl (e o sha gocene T o oo
R T A ey e var s v b
ity supervon, 1 Condians padon be omimued

9T et oardof Crimnal i ] ol drc e
traning pogram for designeesof the Bourd of Fardons and Parcres divmen foad
SR ot herings ity (i secion To g probram s ook e )
o Snderstanding Booes realg 1o e revocation ricens

9y

S 75 (), CONPLETION OF FARGLE PERIGD. (1) In e 0 coopete v
o g T 20CARGLE PERIOD, (0 e s e e

Eenenced, Sube o e debucon af he time e ad served i 1o N e Ton
o on paroe sl o Clcted 13 caleni e, Ths roviion Roueves mt e
Conkried 0331 narfre wih Uh consuuons pomesSonlered wpon e Fovers oo
o pardons 14 1 commut Semenee
) The board may allow o perom released on parole or mandatory
serv 0 remaindet of h persons entence cikout supermrion ard vl
Tttt ¢
D) the perion Nas beem under the spervision fo nt lss than ome Al o th
time e Temained on he peron's entence chin (he pevson s relascd romt
Smprisment and during (R erad of upervinen he person’s peele o ivess
N RanaTiry Tepervini v nar ook rersiek
"4 th board dermines hat

4) he peron has made o good uih ot Lo comply with any res

rder e on the perion b o chur o rompeiens Jovbdibon

18) alloving the peron 1 seree (e remainder ofthe peron'sentencewithout
iperiton and seporins s in Ve b ot of sy,

{9 The board may remuire o prson elased from supersison and reporting under
Py R T A s it e
Timel s /o any resson

) Thi scction may not be consirued s intefering with the consituional power
of ke povernor 1o 7 pardons and ommate eniences

e 16115} REFORTS TO GOVERNOR. On reques o the governe,the members
fth b hall nvestghe s repac n th v wih espec s wopers b
Soandere by e Foveor (o purion, cammoaion of yntene. seprine vemionn
B e e e e
ot comrued 13 revening o e (e Rovernar's exercosofpovers eoed
£ oo o i s

Sec 17 () SUPERVISION RESPONSIBILITIES. () The board (Bossd-t-Fa
doarend i

) Skl v geners sensy (o s s o Sopries
e e e e L R

422523

ju pact.
ju pac
#9

Ch. 25, § 19 st LEGISLATURE—SIXTH CALLED SESSION

o e e i)t U o o i b s s, P
e et ol ol SBePae S 1 oo 3 Vet
L e, o s S o o i b
eyl wig B A ey o
e L S g
el s retu waran s e s (-t bl ate
e e o s i ot o
e e st v ot
e e o W tons T I o n S oot
B e s s e o b
e e e e o Sk o oouetams s o
e o s ot i Skt b i
e b T s s st
o e HERTINGS, SANCIONS. o, Wheatoe pionar o pares graned 3
G Yo s e v e o
e B B e o by o o snlsmad o s
o e s a4 S 14 Pt o o
e e sk s o
B R oever, st hevons Sl b Fe
B o P st o i sner s arant ool 3
e koo e Fovrer o 8t
e e o tedgoes T s o Sty Yol
e B et i s 1 i3
g e o 1 Pt P o S,
e, b peon s § ol o
e L e o1 o e o)
e o S e f W &k o
P i L e, e s nind b s S
e T iy
e s uetsaes o o fronied 3 oo
B e e e -y oo
e e etk o ol o ma o,
e B et s oy i b s i
B B e, glonen s 7 f s
D s v s e P ok Do)
b e L et o sy et 3
e o s S St ke B eammepiao o
T e e di o] i i encuded. Mo
o g o s Ty
e e e s
B o 1 i o e i f A o
oo e e e g » il of b
e et e ey B spinded n s Gtemoio o e
s o ol by o i ol e P, P
e ol i o o g
3 o evions ol it vt s it Joicn] ol o
e ey Tamon s b
e 3. COLLETION OF TAROLE-PAMIOD. (. In s o compee e o
e s o (s il s e Ak b 2

So

Fist LEGISLATURE-SINTIE CALLED SESS1ON 2o, 9 4y
contraled substanes, o on cslens Ut conteld sultanee v is vt to he offense
o which the deendant was comvicted, Ut he defendant submit to i e rooer e
substanees.

0] e Texas Houn of Criminal Jusice bosrd) by rule shall adept procedures for
he adminisiration of wsts Toqu by the subsetion o]

Sec. 9. DUTY T0 PROVIDE [0ARD-WITH] INFORMATION. 1t shall be the
of any jodge, dstrict storney. comny attormey, ke officer, o iher bl phieios of
he saie having information with reltrence 1o any prisoner cigibl for parols 1o send .
xriting such informlion 31y e in i possesion o wndor L Someeh b he-porror
‘and parolesdiviston (Lasril, upon request of sny meimber o the Saard o Posdonsons
Paroles o employee of the pardons and parale dreiion {hareaty

Sec. 10, ACCESS TO PRISONERS. It shall b the duty o the nsittionl division to
grant to the members of the board and employees of he pardoss and pereles dhoinon.
J esceradi ) scces a 3l ressonabi Uimes to any prisoner,
o provide for the members and employees (bord] o such representatives fochns hrt
communicating with and bserving such prisoner, 3nd 1o Turmih to the membeos orch
eriplayces [baard] such reports 35 (he members and evployees (voord] shall veqee
concerning ihe conduct nd Character of any prisoner n thel cusiody and any sther fone
deeimed by @ parole panc [tha-baard] pertment in deermining whotr sach e
hail e paroldd

INFORMATION AND ATGUMENTS [T0-BOARD].(2) Th Texas Doard of

! Justice shall adopt rules 3 1o the submission 3nd presentatin of nfocmetion

and ariumens o parole panels and he pardons and paroies (e pacor ok Borson

snd-Sarelee] division for anl i behll of 11y person within Uhe otsdicton of o paneton

Ghe diviion (that bossa]

), A1l persons presenting information or srguments o o panel or the (Board-of

) division shal subimt herewith an 303w siting whesher amy Tos

s been paid o ia 1 be aid Lo thei services in dh cose, he amount o s Foe Wy
30d by whom such fea & paid or 1o be pud

Sec. 12, SUBPOENAS. Parole [Tha-mambers-o-the-board, sting.in pasole] panlsy
ehal] ave power o saue subjoenas requiing he attendance of soch witoesses aod 0

fcton of such records, books, papers, and documens a5 i sy deem necessany for
nvestigation of the case of any person belore it Subpoenas may be sigred wud tatns
sdminitered by any member of he bosrd. Subpoenss o ssved may b semved by 3
sherit, a consiable, @ plice, paroi, or probation offier, o Another law enforeemint
ficer in the same matner 33 simlsr process i courts of record Daving ovignal
iurisdicton of criminal actions.~ Any person who testiis falsely or s 1o gt o
ubpoensed o [l o reuses o prodice such mtaril porsuant t the subpocen shall o
SUbject Lo the same orders and penaiie o which s person before & cour s subjuct Ay
gourts of record having originl juisdction of crimnal actions, son spplhatios of sr)
board, may i thec discrtion compel the atiendanee of wincases, o reiucinerof weh
materil, and th giving of testimany before the bosrd, by an stiachment for somtompt o
ctherwise in the same mamner 33 production of evilence may be compelied bofore puch
courts o record having original jursdicton of criminal actons

Sec. 13 WARRANTS. G) A warrant for the return of a parold prisone, prisoner
relessed o mandatory supervision:o prisoner released elthough not bsbi foy refoms
& resident released 1o A preparcle or work foloug

members of (ih-Lossd-ssing o] paele
i, o by the bourd on onder .t
beltvd Uk he has Been efcased it
the aws o Ui state or o the United Staes, ilated s condibon of s e
Ly superiion o candiionl ardon o when b Sircumstance e S vt
poses 3 Ganie Lo ocioty Tt warrina h imnedii eiocn o a2
Zarmaot Sl e lfcrs mamad e o ke Sty o ek
00 deloin o ot the prisoner umil the pardans and poroies sesin e B o

Jis¢ LEGISLATURE—SIXTII CALLED SESSION Ch. 23,5 13

gme onparele shall b clculate s calenda time. Tis provision, however, shll ot be
e B o with (b consttinal paer onterre Upon he governar o
e etdons a1 commte senince.

A marole panel (e boued] may allow 3 person reessed an paroe or mandato
B sk ot vtars sentene wAbowt supervison and
ST beng reired 1o report i

0 he peraon has been under th supervision for no exs Uran one Bal of he time

B D oot ersons senten whea e person was reessed {rom imprion

e g the i of sapervision e persons parle or elase an mandutory

Teecvion has vl been revokety and

% the parote ponel [beard) determines that

(A) the person has made 3 good [3ith effor t comply withsny restttion oder
e oh i person b chursof compelem Jrsdkion: and

B alowing the parson i, seve the remnder. of he person’s sentence without
aupereon 154 Fegorang 1 in (e Vest iteret of socety.

(4 parole anel (Pe-besri] may reqire person relesed (rom supervision and
et S tcton ) of s vebion 1o Tesubr 1o supervision and. resume
Eriog o any tins 4 for any reason

) Tos soion may ot b consirued 3 Interfring it the conatitutional power of
0y avernar s gron ardons and commute seninces

S 16, REPORTS TO GOVERNOR. On requet of the governa, the mermbers of the
e Nt e and Fepor 13 (he govermor with respect o any person being
e by e governoe foe padon, Commataton of semence, reprieve, remission o
e are ot sk recommendatians herton. The roviions of his artile may
e comtsued 2 prevening of Imiing the overnars exercise of powers vested
e comshnion o thi ste

"Sec 17, SUPERVISION RESPONSIBILITIES. (3) The pardons and paroles divi
i Tooue] al have general responaibity or he nvestigaton and supervsion of Al
e mesed on yarote 204 1 mandatary soperviion

"0 The Texas oard of Criminal Justce shll calect. informaton on reciivism of
eleees under the-superviaion of the pardons and paroles (Board-ot Bordene-snd
ot tiviton s v e nformatin salectd i €vsiate operaions.

See 18 CONFIDENTIAL, INFORMATION. Al nformation obained and. main-
e 2 commnton wih iate of e rsitaion division ubjectto parol,relesse o
T operstion ot execuive Slernency, of mdviduls who ma be on mandstory
e oF parle 24 umder he supervaion of th pardons and paroles divison
OB o perane diectly dentled i any proposed an f relesse for & pisonr,
D e gact ssiemanis and noates” e recods, shllbe contdenua and
e formaton 2nd sl e b bt s pablc epechon; provied, hamevery
B e favmaton shllbe ayalabe 1o the overnor and he erors f U bosrd
e event 1% erter provied tha satistia and eneral nformaton respecting
B S andaory Sopetvaion POFTS 314 3ysem, iclodng the names O
e comcrn esones. Tiesed o' mandsiory supervsion, and data recorded i
B it ol g mandatary perviion servces. shll be subjec 18 bl
orpection 2 any seatonabe time.

Sec 19 PATOLE OFFICERS. () It is expressly provided that no person may be
arpiored 13 o parle officer o supervsor o be responsile or the fovesUgaton ot
o hvsons on purcl of mandatory supeviio,dnlss b mects b fllowing.
caory o w1y ot s Uy b s by e o
T eaey of seeestly completed chucation i an accredied olege or wiversity and
e o Tl time po amploymeat i respansii sorrectonal work ith adura o
e ia"s vl G Addonal weperitnce n th above caegories may be
Hobituiedyeur to yea or the requied colege educston, with s mazimum substation
Totua e i subsection applics only s pesons eimployed 33 paole ofiers or
operesors befoe o n Septamber 1, 1990