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THE SPARTACUS PROJECT - REPORT (02-27-01) - NEVADA A Nevada Prison Reform Organization (Not Affiliated with any other Prison Reform Group) The Spartacus Project of Nevada is an independent organization, working to bring about necessary and meaningful change to the correction and judicial systems in our State. We are not aligned with any other organization; however, we welcome the cooperation of entities committed to our goals. Contact Director Donald Hinton at 702-740-0402. Habilitate: to make capable. Rehabilitate: to restore to a condition of health or useful and constructive activity. Compassion: sympathetic consciousness of others' distress, together with a desire to alleviate it. Additional comets for the Nevada Board of Prison Commissioners' Meeting, 12-05-00 PURPOSE The purpose of this report is to supplement our comments for the December 5, 2000 meeting of the Board of Prison Commissioners. Time did not allow us to report all that we needed to report. We submit this report, which is, in our opinion, and to the best of our knowledge accurate and in the best interest of prisoners and taxpaying citizens of The Great State of Nevada. RESULTS IN BRIEF The Nevada Department of Prisons (NDOP) lacks responsibility in administering care for prisoners in a humane way. This is in direct violation of Nevada Revised Statute 209.371, which prohibits corporal and inhumane treatment to offenders. Areas of inadequacy include, but are not limited to, these issues. PRINCIPAL FINDINGS Based on the complaints that we receive from Nevada prisoners, research and our experiences with staff and administrators, it is our opinion that the Nevada Department of Prisons operates as an unaccountable, non-standardized, closed system, a cluster of fiefdoms within the State of Nevada. NDOP denies prisoners copies of their requests for help. Medical, dental and mental health care is inadequate. Indigent prisoners, who cannot pay, go without healthcare. Prisoners in intake have no access to pencils and paper to communicate with attorneys or loved ones, no medical and dental care. Clothing is inadequate. Education is unavailable to those who want it. Jobs are inadequate. Meager pay for jobs is delayed for months. Deposits to prisoners' accounts are delayed. NDOP confiscates family monetary gifts to prisoners. Deductions from prisoners' accounts go unaccounted for, and can take months of inquiry to resolve. NDOP uses money generated by prisoner collect calls to families to support law libraries, although this is a state responsibility. Telephone rates for collect calls and prices in the canteens are exorbitant. Service is poor. Foreign nationals cannot call family outside the United States. The Level System ties telephone use to behavior. Sound quality varies from prison to prison and calls are cut off at random. Staff disrespects prisoner mail. NDOP forces families to hire independent sources for drug retests when prisoners test positive, but declare they are clean. Guards routinely engage in verbal abuse, brutality, theft and destruction of prisoner property. Beatings generally occur after prisoners are restrained and cuffed. Consequences for guards are seldom punitive. Guards use supermax (solitary) confinement as a regular tool for discipline, and administrators condone it. Investigations are biased against prisoners. Administrators and staff are desensitized, misuse power and do not protect prisoners who report abuse. The disciplinary panel consists of one person, deviating from the NDOP Code of Penal Discipline, which specifies a committee of three. Cell searches are not videotaped. Issues of nonrelease include apathetic NDOP caseworkers, who cannot or will not meet dates in submitting information to Nevada Parole and Probation, delaying prisoners' release on their parole dates. Prisoners fill out paperwork that is repeatedly lost. Timekeeping is inaccessible and inaccurate. Communications between agencies is slow. Nevada Parole and Probation (P&P) staff cannot or will not perform in a timely manner, also hindering prisoners' release. The Parole Board uses guidelines that increase the length of months required to meet parole criteria and release. Release programs are inadequate. Administrators dictate terms and conditions of communication with their agencies. NDOP management and operations promote future crime. Finally, NDOP mismanages Nevada taxpayer dollars. ____________________ TO: The Honorable Nevada Board of Prison Commissioners FROM: Donald Hinton, Sr., and Mercedes Maharis, MA/MS/MA
RE: Public Comments for the Board of Prison Commissioners Meeting: Teleconferenced to Las Vegas, Nevada, from Carson City, Nevada, December 5, 2000 DATE: February 27, 2001 Honorable Commissioners: The following pages contain additional comments that we were unable to present because of the lack of time for all presentations at the December 5, 2000 BPC meeting. Thank you for making partial participation possible for southern Nevada taxpayers and voters by telephone conferencing the meeting to the Las Vegas Sawyer building. To this date, February 27, 2001, we have not received audiotapes of the December 5, 2000 meeting as Dr. Crawford's secretary, Ms. Williams, promised. We missed portions because of the poor telephone reception to the grant Sawyer building lines here in Las Vegas. We address you now because we cannot wait to review clear tapes any longer. Because prisoners fear retaliation, we cannot, at this time, cite many sources of the complaints that we present to you. Until you can assure us that prisoners will not be harmed for reporting abuse by NDOP staff, we cannot, in good conscience, provide you with the prisoners' names who have dared to complaint to us about NDOP conditions, and asked for our help. Retaliation is real. Unfortunately, it continues.
Is the NDOP fulfilling their mission statement? No. Exhibit O. I (MM), stopped submitting complaints to the Nevada Department of Prisons 22 September 2000, as Nevada CURE director. Exhibit 1. Prisoners told us that NDOP staff had retaliated against them. Going back may help you understand. Southern Nevada Correctional Center was understaffed before it closed. Bobby Ford died there the week of 20 September 2000. NDOP medical staff did not take him to the hospital, we were told, though he bled profusely. We think Dr. D'Amico has saved 5 million tax dollars for the state - by denying prisoners proper hospital care. Exhibit 5. Bobby Ford died without last rights. Guards did not allow the prison pastor to see him. She said that she stayed in a casino overlooking the prison that night, to at least try to give him spiritual help from afar. The men in the Jean infirmary feared for their lives - as they watched Bobby Ford die day by day. I received a letter from prisoners in the Jean infirmary asking us for help on 8 September 2000, just a few days earlier. They complained about improper medical treatment by a nurse. Exhibit 2. I immediately faxed their letter to NDOP administration. Exhibit 3. Apparently, someone sent the letter back to the nurse that the prisoners were complaining about. They suffered retaliation. NDOP's Cindy Cerrato, HDSP, said she did not know how it happened, but that she had not forwarded the letter to the nurse. Honorable Commissioners, it is apparent that you are unaware that prisoners actually fear for their lives because of retaliation and harassment that is occurring in Nevada prisons, based upon complaints we have. We respectfully request that you keep Nevada's prisoners safe from NDOP staff retaliation when they ask for outside help.
REQUEST FOR AN OUTSIDE AUDIT OF THE NEVADA DEPARTMENT OF PRISON'S ACCOUNTING RECORDS Many loved ones and friends of prisoners are deeply concerned about the multifaceted problems that exist in the Nevada Department of Prisons (NDOP). That these problems continue can only be because of incompetence, ignorance of the law, or fraud. We have a considerable body of data supporting our reasons for asking for these audits, and respectfully request that you review it so that you can understand the depth and scope of the human suffering that has prompted our writing this report to you. Therefore, we, as taxpayers and voters, respectfully request a complete outside audit of the Nevada Department of Prisons budget, including, but not limited to 1) the Inmate Welfare Fund, 2) the Medical Department, 3) Food Management, 4) The Clothing Fund, 5) Silver State Industries, 6) Timekeeping Records and 7) the Grievance System. Concerning food management in NDOP, we want to know why prisoners complain that they are hungry, why servings are getting smaller, why prisoners who go to parole hearings are not given brown bags, at least not at High Desert State Prison. The system forces them to miss lunch until they go back to their units, many not until late afternoon. If prisoners are diabetic, this is especially bad. A guard told one such diabetic prisoner who complained of the hunger as he waited to go before the Parole Board that "if he started to feel really bad, to let him know, then he might try to do something." Further, diabetics get no snacks at High Desert State Prison in the intake unit. They become ill during the night and awaken sick. NOTE: Prisoners gridlocked in the "intake" process, which can take many weeks, receive no dental or medical treatment, as a rule. Did you know that if loved ones do not send money for snacks, that prisoners get no food for as long as 15 hours a day. Is this healthy? Is this humane? Is this legal? No.
Further, the disruption of the clothing allotment to prisoners is surely irresponsible and, possible fraudulent. We think this clothing issue is abuse to taxpayers, prisoners and loved ones. Compassion and mercy must be part of healthy prison management. That a single Nevada prisoner struggles to get clothes and cannot get them is unacceptable.
Honorable Commissioners, does Inmate Welfare Fund money actually get to prisoners in the way that legislature intended? Exhibit 4. $2.5 million isn't much to spend on special prisoner programs out of FY '01, app. $190 million; FY'02, $203 million; FY '03, $213 million requested. We think it is a State of Nevada obligation to audit NDOP forthwith. As it exists, NDOP is a shame to the Great State of Nevada. We think that prisoners live in a state of emergency everyday in the Nevada Department of Prisons. If the State of Nevada cannot properly feed and clothe prisoners when the money is there, Exhibit 5, and treat prisoners humanely, Nevada must release prisoners to their families. The fact that NDOP did not use 17.7% of the clothing fund and returned it to the general fund tells us that NDOP staff and administration need outside monitoring. We respectfully request that you act forthwith to implement humane treatment of prisoners. Otherwise more and more lawsuits will emerge. In fact, they are emerging every day. INHUMANE DENTAL TREATMENT IN THE NEVADA DEPARTMENT OF PRISONS
Based on the many complaints we have received, we must conclude that dental problems are far and away the most horrible hurdle for prisoners to overcome. Prisoners must endure, adn rationalize, the mistreatment they receive. Tooth pain is constant, brutalizing, debilitating and unnecessary. The time is now to address this dental emergency prisoners have in NDOP in the Great State of Nevada. It is time that humanitarianism come to the front in our state, as it should in any civilized nation. In many cases, prisoners's teeth are a constant source of irritation. Teeth are necessary in this life. Potential employers will not hire people, ex-felons with rotting and missing teeth. Prisoners cannot feel good about themselves, or be outgoing, smiling and able to make new friends with mouths that NDOP dental practices have totally ruined. The denial of good dental care and hygiene must be a top priority on the list of priorities by the NDOP. After all, NDOP has by law assumed responsibility for prisoner's lives. Dr. D'Amico, NDOP medical director, stated to me (MM) by telephone, that besides not being able to get enough dentists, that there were not enough drills, that legislature had not appropriated money for dental drills. We checked with a local dentist, Robert Lloyd Roughly, D.D.S. Drills cost very little, "approximately only one dollar", he wrote 4-19-00 in a letter directly to you, Governor Guinn, Exhibit 7. We do not understand why the dental abuse of prisoners, pulling and not filling teeth, continues nearly a year later. Did. Dr. D'Amico ask for money in the dental equipment area, including drills? It is inconceivable that legislature would refuse to fund drills, that cost nearly nothing.
Honorable Commissioners, let's go back. NDOP administration must be accountable for moving millions of dollars around in the budget when High Desert was under construction. NDOP cannot, without permission from legislature, spend millions for extravagant locks on prison doors, and for lethal fences. Legislative money entrusted for the High Desert State Prison gymnasium turned into those locks and fences. Exhibit 8. This is our point. Humane NDOP administration could have moved $5,000 around in the NDOP budget for 5,000 dental drills. Or, NDOP agency officials could have written to parents and asked them to donate drills for their loved ones' needed work. NDOP has accepted responsibility for prisoners' dental and medical needs and must be responsible. Otherwise, NDOP policy towards prisoners as human beings must be considered as completely inhumane and barbaric, contrary to Nevada legislative law. Administrators like Mr. Smith and Warden Grigas are openly callous and desensitized, not caring if prisoners' teeth are pulled. Exhibit 9(a), (b), (c). We do not understand why prison officials do not fight to do the right thing and contribute to prisoners' well being. NDOP allows prisoners in the intake unit to suffer 1) with no pens or pencils to write medical kites (requests) for emergency care or 2) to receive no dental as long as they are in intake, which can be months. This barbaric practice of denying dental care, of pulling teeth instead of repairing them is disabling prisoners and wrecking their futures. We respectfully request that you see that all prisoners get humane dental care forthwith.
When NDOP dental pulls prisoners' teeth, refuses to fix them, they are sentencing prisoners to a life of misery, shame and financial hardship, a heinous act. If NDOP administrators had the same irresponsible treatment, they would object and cry out. Pulling teeth is flat out unacceptable, though Nevada prisons practice it. Exhibit 10. Further, we suggest to you that current NDOP dental practice violates NRS 209.371, which prohibits corporal punishment and inhumane treatment to officers. Exhibit 11. NDOP does not follow it's own rules and regulations for dental care. Exhibit 12, based upon the voices of the prisoners themselves and the mouths of prisoners we have seen. Honorable Commissioners, anything other than the highest level of dental care by the State of Nevada is unacceptable. As taxpayers, we deeply resent the irresponsible and inhumane treatment of pulling teeth instead of filling them and doing preventive dentistry in NDOP. Not to mention making prisoners wait years, yes years, to see a dentist. Honorable Commissioners, we respectfully request that you hire an adequate number of dentists for NDOP without delay, and make sure that money is available for all the dental tools needed to fill and repair teeth properly, as is NDOP's responsibility. INHUMANE MEDICAL TREATMENT IN THE NEVADA DEPARTMENT OF PRISONS
NDOP expects convicted felons to adhere to all rules, and the whims of NDOP guards. NDOP pretends to set the standard for responsibility. But, NDOP administrators ignore what the legislature has set in place for NDOP to follow when it comes to the health care of prisoners. Is this not criminal? Is this not inhumane treatment - inhumane treatment that is clearly prohibited by NRS 209.371 and federal laws? Yes, it most certainly is. As for NDOP medical over all, we think D. D'Amico, NDOP's top medical advisor, has grossly overrated his concern and responsibility towards State of Nevada prisoners, and taxpayers. Dr. D'Amico is a Doctor of Osteopathy, not a dentist, not a medical doctor. We think he bases his decisions about Nevada prisoner health care on how much money he can save NDOP and the state, not on providing proper care for people who are incarcerated in Nevada prisons. To us, this is unsound, unethical management. As taxpayers, we challenge Dr. D'Amico's medical abilities and his medical decisions on all levels while he has been NDOP medical director. He has not demonstrated competent medical skills or wise decision-making, based on the many complaints that distraught, suffering Nevada prisoners send to us. They have had enough abuse, of being denied decent, humane medical care by Dr. D'Amico. Ultimately, we think that he will cost Nevada far more than he has saved in prisoner and family lawsuits.
Does Dr. D'Amilco understand what his job encompasses? Does Dr. D'Amico have the ability to proceed in a correct and timely manner? Have you investigated the medically related deaths that have occurred on his watch? Have you evaluated the credentials and grievances against Dr. D'Amico's forensic workers and nurses that Dr. D'Amico employs in the mental health units? If not, why not? These serious issues need your attention. NDOP medical practices and Dr. D'Amico's decisions, we think, are grossly unsound when it comes to treating and saving the lives of Nevada's prisoners. What humane physician would disallow treatment that could prolong life? Not one. What true physician could stomach or permit the tortuous, demeaning NDOP procedure of handcuffing to bed rails prisoners in a coma, and terminally ill? This happened to Alejandro Bernal. We believe that true physicians, and humane, responsible administrative and staff members, would notify family members the same day that NDOP transports seriously ill prisoners to the hospital, instead of five days later, don't you agree? Any of us would be upset, not being told that our loved one had been taken to the hospital. If I (MM) had not called the prison priest directly, Alejandro Bernal would probably not have had last rights, nor would NDOP employees have notified his family before he died. This is disrespect for prisoners' loved ones. This is base behavior and blatant disregard for prisoners' lives, as well as their deaths. As taxpayers, we pay the prison medical administration and staff to heal, not to torture.
Honorable Commissioners, we respectfully request that you dismiss Dr. D'Amico, for the good of all prisoners in the State of Nevada. We base this opinion upon the many complaints we have received about the NDOP medical department. That Dr. D'Amico's budget slashing has ruined one prisoner's life - this is reason enough to releive him of his duties. It is now up to the State of Nevada to do the decent thing and remove him. His records stands as his indictment. INADEQUATE
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