Jason Gerhard An enormous amount of money is spent on the

Transcription

Jason Gerhard An enormous amount of money is spent on the
Inside FCI Fairton
Jason Gerhard
An enormous amount of money is spent on the federal prison system. In 2013, it
was calculated at $29,291 per year, or $80.25 every day for every prisoner, all 210,000 of
them.i The billion dollar question then becomes whether this money is being spent
judiciously or like the vast majority of federal programs is being misappropriated. After
having spent the last six years at Federal Correctional Institution Fairton, New Jersey, it has
become obvious to me that there is the rosy story sold to the public and the very different
reality that exists just beyond the razor wire.
TheACAABCs
Every three years, the American Correctional Association, a private, non-profit
organization, conducts an audit at Fairton in order to re-accredit the facility. Though
voluntary and non-binding, the process is taken quite serious issue by prison staff. There
are a number of industry standards, yet failure to meet these standards is acceptable if
transgressions do not "adversely affect the life, health, and safety of staff or inmates."^
Through the Freedom of Information Act, I was able to obtain copies of the 2007,
2010, and 2013 ACA audits. Curiously, all accounts documenting the various ways in which
the institution was noncompliant were redacted from the 2013 report. Previously, in the
2010 audit, names of the staff were redacted in accordance with "5 USC 552 [b) [6} ~
personnel and medical files and similar files the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy." Using this loophole the names of the
warden, assistant wardens, and other personnel at the administrative and staff levels were
redacted despite the fact their names appear on countless memorandums and are well
known to all inmates.
In 2010, Fairton was in violation of several standards of serious importance.
Standard 4-4129, "The number of inmates does not exceed the facility's rated bed
capacity," is way out of whack. From the waiver request we learn that, "The designated
capacity for FCI Fairton is 1264 (FCI 1110; FPC 100; PCU 54], with a current population of
1511 [FCI 1316; FPC 128; PCU 67)." (There are three separate facilities on the same plot of
land though fenced off from one another. FCI stands for Federal Correctional Institutionmedium security. FPC is the Federal Prison Camp-no fences, the lowest security level.
PCU is a small fortress located next to the FCI's recreation yard and is the Protective
Custody Unit where high profile informants find refuge. Government documents refer to
this facility by the moniker "Sierra.")
Standard 4-4132 requires a minimum of 25-square feet of unencumbered space per
occupant in a cell. In the FCI's 3-man cells (retro fitted 2-man cells) the ACA claims only
17.08 feet is available per inmate. Yet this is not accurate. The standard's instruction is as
follows: "In determining unencumbered space in the cell or room, the total square footage
is obtained and the square footage of fixtures and equipment is subtracted. All fixtures and
equipment must be in operational position and must provide the following minimums per
person: Bed, Plumbing Fixtures (if inside the cell/room). Desk, Locker, Chair, or Stool." My
results were only 47 square feet in the 3-man cell. This equates to only 15.7 square feet per
occupant. (This is easily calculated, as each floor tile is one square foot.)
Standard 4-4134 deals with the amenities that each inmate is to have in their cell. If
one is confined to a cell for less than 10 hours daily (as general population is at the FCI), he
is to have a "sleeping surface at least 12 inches off the floor; storage for personal items;
adequate storage space for clothes and personal belongings."
The FCI was found to be in non-compliance because, "The bottom bunk in the 166 3man cells in the FCI units is only eight and nine inches from the floor." While three to four
inches is not much to complain about (or conversely, to brag about), the administration's
response is of most interest.
"Currently, FCI has 166 3-man cells with prefabricated 3-man bunk beds. Each
inmate in the 3-man cells is provided with a storage bin and locker for their personal
effects. Our current housing plan is to not assign the lower bunks, however that varies with
the population that is assigned to FCI Fairton from the Bureau's designation center in
Texas. At this time funds are not available to re-do the pre-fabricated bunks."
For starters, no one was ever issued a storage bin in the 3-man cells. They were
available for sale in the commissary for about $80.00, though. Then, on May 28, 2013, the
Captain issued a memorandum forbidding them for anything but legal materials.
Secondly, I find it odd that funds were not available to redo the prefabricated bunks
in the 3-man cells, but there was money a couple years ago to change 10 cells on C-Unit
from 2-mans into 3-mans. Always seems to be money available to squeeze in more
prisoners.
Standard 4-4139 concerns showers. At a minimum there is supposed to be one
shower for every eight inmates. During the 2010 audit, shower ratios were found to be one
shower per 21 inmates. We were assured by the institution that there are no complaints
because "inmates have access to showers 15.5 hours per day, seven days per week at the
FCI."
But wait, on March 3, 2009, a memo, "Water Conservation "was put out by the
Warden.
"In the general population units, showers will be open from 6:00 AM until 9:00 AM.
Once cleaned, the showers will remain secured with the exception of one shower open
upstairs and one downstairs. On Friday before Jumah [Muslim] prayer, an additional
shower will be open from 10:30 AM to 12:30 PM. Afl:er the 4:00 PM count clears, all
showers will be open." If that memo was issued in March 2009 and the auditors came in
September of 2010 that means there was roughly 18 months during which this policy was
in effect prior to their visit.
Later, in 2011, the Warden confirmed that the policy was still in effect. In a written
response, he passed off the blame to the White House because the, "Bureau of Prisons has
been mandated by the President of the United States to reduce water consumption by 2%."
In true Orwellian style, he added, "The information utilized for the ACA report is an
accurate account of the shower availability at FCI Fairton."
Ironically, about 15 months after the water conservation plan went into effect, the
Health Services department released a memo of their own. The topic: MRSA. For those
unaware, MRSA is a strain of staph that is resistant to antibiotics and causes nasty skin
infections. Thankfully, several tips were provided within this memo to reduce the risk of
contracting the nebulous MSRA. Inmates were to, "Maintain excellent hygiene through
regular showers..." and to "Shower after participating in close contact recreational
activities, whenever possible." Well, with about 170 people on each unit and only two
showers open, it might not be all that possible.
My attempts to determine how much money the taxpayers spend for these phony
audits have been predictably stonewalled by the BOP. An article by Alex Friedman, in the
October 2014 edition of Prison Legal News, "How the Courts View ACA Accreditation,"
sheds some light on the issue. Friedman writes, "The organization basically sells
accreditation by charging fees ranging from $8,100 to $19,500 depending on the number of
days and auditors involved and the number of facilities being accredited." He goes on to
write, "The ACA relies heavily on such fees; it reported receiving more than $4.5 million in
accreditation fees in 2011-almost half its total revenue that year." Not bad for typing up 50
or so pages and walking around a prison for a couple days-every three years.
[Update: As this essay was being edited for the umpteenth time (what, you can't
tell?) the BOP decided to finally fulfill my FOIA request-filed nearly 11-months ago-that
requested information concerning how much money the ACA has been paid over the last
10-years. True to form, the government only released one year's worth of records-fiscal
year 2013. And to think this is the most transparent administration in history.
For fiscal year 2013, the American taxpayers were swindled out of $344,536.00 for
pseudo audits, courtesy of the ACA. Audits were "performed" at 3 2-institutions for
$9,374.00 a pop and at two complexes (Allenwood in Pennsylvania and Terre Haute in
Indiana) for $22,268.00 each.]
Riding into the Red
One day, in 2012,1 was handed an interesting document. It was a proposal from the
Supervisor of Recreation at the time, T. Brown, to purchase 10 exercise bikes. Why would
the institution need more stationary bikes given that there are over a dozen stationary
bikes? Because these new ones generate electricity!
The PlugOut Cycle Is simply a stationary bike with a generator and invertor
attached, all for a mere $1,399 each. Brown figured it would cost another $776.45 for
installation materials, bringing the grand total to $14,776.45.
Fortunately, this project fell through, or so it seems. A Freedom of Information Act
request to the BOP asking for details about the project, such as to who was to fund it,
resulted in their claiming on March 5,2013 that no documents existed. The one bike that
was in the gym for several weeks (until it broke) disappeared one day and never returned.
Brown's rationale for the project is enlightening as to the prevailing bureaucratic
mentality. Under the heading, "How Much Money Can You Save," he writes, "If you assume
that most adults will generate 100 Watts continuously and work out for 1/2 hour on
average, then they will have generated .05 kwh (100 Watts * .5 hours = 50 Watthours/1000 Watts=.05 kilowatt-hours). This equates to only 1/2 cent per workout,
assuming the utility is charging 10 cents per kwh and illuminates the biggest reason why
this technology is not more widely used."
Using his figures, it would take running the bike 24 hours per day, seven days per
week, for 5,829 days to break even on its $1,399 price tag. That is nearly 16 years. Mind
you, they only come with a one-year warranty. He also claimed the bikes could "be used as
a job description while being employed in Recreation." Guess the bikes weren't a big
enough waste of money, it was necessary to compound the damage by paying people to use
them.
Distrust Fund
According to the BOP Program Statement, 4500.10 the Trust Fund/Deposit Fund
Manual, Trust Fund is defined as, "The 15X8408 Account designated by the U.S. Treasury
for programs, goods, and services for the benefit of inmates (e.g. Commissary)."
Prisoners at Fairton are able to purchase various products (food, clothing, stamps,
etc.) at the commissary once a week. While selection of merchandise and availability lies
somewhere between a Soviet-era grocery store and Monty Python's Cheese Shop, they do
quite well, thanks to the power of monopoly (where else are you going to go?).
Since the Trust Fund is supposed to fund a variety of endeavors, they are allowed to
charge a 30% markup on nearly all the items sold through the commissary. The list of
goods not marked up is quite short: Postage; Self-improvement textbooks;
Correspondence Courses; Tools and Materials for Education/Vocational Training; Law
Books or Other Legal Materials; Religious Articles; Smoking Cessation Program Materials;
and Passover Meals during Passover.
In 2013, the commissary sold $2,180,197.56 worth of goods. Of that, $74,031.45
was stamps, which cannot be marked-up. This leaves us with $2,106,166.11, 30% of which
is Trust Fund profit: $631,849.83. It should be noted that the commissary figures
provided to me did not specify which sales were exempted from the 30% mark up, besides
the stamps, of course. Therefore, this Trust Fund profit figure may be sUghtly off
However, it is difficult to imagine that more than a few thousand dollars of Passover meals,
prayer rugs, and the like, being sold in one year.
According to policy, this money may be spent on a variety of items: Arts and Crafts
Activities; Recreation Programs, Equipment, Supplies, and Repairs; Educational Programs
and Supplies; Inmate Service Items [such as microwaves]; etc.
What is troubling is that prisoners are not provided with even the most rudimentary
accounting of how 'their' money is being spent. Rumors are numerous, facts are not. The
whole process is shrouded in mystery.
Reassuring words are contained in the program statement through; "Principal
financial statements and an annual report are prepared by BOP staff The final report is
available to the public. Trust fund financial records are audited or reviewed in accordance
with Department of Justice and Bureau of Prisons requirements."
If the BOP blatantly lied to the ACA, as noted previously, why would anyone trust
them to audit themselves? This is the very definition of the fox guarding the henhouse.
Concerning the report being available to the public, why would anyone care, and if they did,
how would they know if the items claimed were ever purchased if they've never stepped
inside the prison in question? After all, where are those 498 gray storage bins that were
supposedly purchased for inmates living in 3-man cells?
Phantom pf the Uunqromat
At Fairton, washers and dryers are provided to prisoners by the New Jersey
Commission for the Blind and Visually Impaired (they're under the auspices of the
Department of Human Services) for a fee. Currently, it costs $.65 per wash and $.65 per 45minute dry. For this privilege, CBVI gives 15% of the proceeds to the feds. This
partnership began in 1999.
The institution provides free laundry services, but there are restrictions on what
may be washed: only issued clothing. Nothing purchased off commissary is accepted such
as sweatshirts, shorts, thermals, etc. Further reducing the services popularity is the fact
that all institutional laundering is done there. This includes greasy kitchen rags and
aprons, mop-heads that cleaned God only knows what, and other questionable articles of
clothing.
In the past CBVI employees were required, once a month, to visit all nine locations
where their equipment was located and download usage data from the debit card readers,
"to ensure the correct percentage of profits is paid," according to their contract.
On December 21, 2009, CBVI employees managed to download usage data from two
separate locations that stand several hundred feet apart, at exactly the same time-8:27:00
AM. Given the fact that they are required to move with an escort while on the compound, it
is difficult to see how they managed this feat.
Efforts to obtain the visitor log for the day in question proved futile as it was
completely redacted. The officer log books for three units (including the two where this
occurred) has routine activities listed in them such as "work call,' 'count time,' and 'released
unit for chow,' but no mention of CBVl's visit that day.
On February 23, 2011, roughly 14 months after I first started asking questions, the
contract with CBVI was modified. Previously, inmates would go to the commissary and
place money onto their identification cards, which contain a magnetic strip, like a credit
card. They could either use the ID card to purchase copies or utilize the washers and
dryers (at $.50 per wash and $.25 per 30-minute dry).
Now the feds buy pre-loaded laundry debit cards at $5 each from CBVI that have "a
value of 10 laundry cycles," with each cycle being either a wash or dry. While this greatly
increases accountability, as there is no need to rely on monthly usage data from all the
individual machines, inmates for the first time are being subjected to the 30% mark-up for
laundry services.
Readin'.Ritin'. Rithm^tic. anq Recigiv^sm
It would seem pretty obvious that education is essential for successful
rehabilitation. Numerous studies have shown just that-education reduces recidivism.
While I do agree with the Disraeli et al quote, "there are lies, damn lies, and then statistics"
(the ever -manipulated unemployment numbers are a good example) a study done by the
Texas Department of Criminal Justice in 1993 is worth noting. They found that 60% of
individuals released from prison were re-incarcerated, but for those with an associate's
degree, the rate was 13.7%, and for those with a bachelor's degree, it was 5.6%.^
[Fun Fact: Fairton eliminated their partnership with Cumberland Community College
which provided college courses in 2010.]
Several years ago, I decided to fill out a three page, official looking, survey while in
the library at Fairton. The "Department of Justice Federal Prison System Annual Education,
Recreation and Library Survey," to be exact. A program statement number 5350.12 was
written on it along with the date September 8,1981.
For one reason or another, I never did turn it in, choosing instead to file it away.
While researching various aspects of the education department, I figured it would be
interesting to see the results of these surveys; and if anyone ever actually filled them out.
After asking numerous times over the course of several years, via the FOIA for the
last 10 years of these survey results, I was told on March 25, 2014 by the BOP that, "In
response to your request for the 'last 10 years of Annual Education, Recreation, and Library
Surveys.' Please be advised the policy number cited, does not exist."
Really makes you wonder why someone went through the effort to create a fake
survey in the first place. Or perhaps the results were so bad that they were 'disappeared?'
Requests for Bequests
Soon after arriving at Fairton, one of my goals was to have documentaries donated
to the library. They are an excellent way to convey information, especially to those who
have difficulty reading as a lot of prisoners do. Although the DVD collection has expanded
since 1 first came here in 2008, a good deal of it is National Geographic titles that are not
exactly pertinent to the concerns of the average prisoner.
Unfortunately, the Bureau of Prisons only allows donations from "religious or
educational groups or entities, provided such donations are valued at $250 or less." This
falls under statement 1350.02.
On March 8, 2012,1 filed a FOIA for the last 10 years of records pertaining to what
items were donated to Fairton's library. The answer arrived September 19: "Please be
advised, a search was conducted for quarterly reports for the past 10 years. As a result,
only records for the past three years were found." Yet this wasn't entirely true.
Each quarter, or three months, a donation report is generated. The reports given to
me began with January to March 2012, and ended with January to March 2008. Missing
during this time span was October 2009 through December 2010, over an entire year's
worth of reports. This may have simply been an oversight during the collection of the
records as I was given identical copies for five of the quarters, and for another, July to
September 2008, three copies.
Among the records given to me, there was only one mention of a possible library
donation (there is no designation as to which department items are donated to-library or
chapel). On November 5, 2008, International Prison Ministries donated 250 greeting cards
and 80 paperback books. Except for that possible donation, religious services took the rest.
Among the items they received were: Abalone Shells; Christian DVDs; four Sermon CDs;
500 Christian testimony pamphlets; 2 Tefillin; 6 Nation of Islam DVDs; and 1 DVD featuring
a Rastafarian concert.
The current policy on donations is outdated and counterproductive to the true aim
of education. Allowing a virtually free-market for ideas (obviously material detailing
pornography and escape might not be the best choice of material for a prison environment)
ought to be the goal. The idea that someone cannot buy an educational DVD from Amazon
and donate it to the library makes no sense since they can buy a book and have it sent to
the prison from the same website. Besides, why should the taxpayers be on the hook for
yet another global-warming documentary?
MP3 Players: More than Tunes
Over two years ago, MP3 players were first sold to the inmate population at Fairton.
As can be imagined, they were a big hit. Songs were available in three price brackets:
$1.55, $1.20, and $0.80.
Soon thereafter prisoners started asking about making foreign language material
and audiobooks available for the MPS players, myself included. The standard reply was
that the local administrators had no control over that; it was in fact up to the big shots in
Washington, D.C. Years later, the same tired line is still being used.
Apparently, the big shots in D.C. believe that such material is already available.
Within the previously mentioned trust fund program statement the following can be found:
"MPS Players. In order to provide an additional method to disseminate information,
provide educational materials, provide access to music at remote locations and provide
access to culturally diverse music, the MPS Player identified by the Central Office, Trust
Fund Branch, is sold in the Commissary." (Emphasis added).
Short Circuit
In 2015, prisoners are still using electric tj^^ewriters. While not every job these
days requires word processing skills, possessing such skills would surely increase a
prisoner's chances of finding work upon release.
The BOP might be on to something, though. According to The Economist. "Russia
has ordered 20 typewriters, reportedly because of the vulnerability of computers"
(November 29, 2014. page 56).
Why keep using antiquated technology? Could be because it is highly profitable.
While the typewriters are free to use, it is up to the inmates to purchase the requisite items
to make them work. A typing wheel will set you back $19.99, a typing ribbon is $7.75, and
correction tape is another $1.55. Before you type one word it will cost you nearly $30; and
don't forget the $5.15 pack of paper.
It is stated in the trust fund program statement that trust fund profits may be spent
on "typewriters and typewriter supplies." According to fellow prisoners, other prison
libraries supply typing wheels, among other items.
The warden sees it differently. According to him: "We are providing you with the
typewriter and we are providing you with the opportunity to buy everything needed to use
the typewriters."
Further demonstrating the profit motive behind this set-up is the response that the
previous Supervisor of Education, Brian Womack, gave when asked how indigent inmates
(one "who has not had a trust fund account balance of $6.00 for the past SO days" Program
statement 60S1.02) might access a wheel, ribbon, and correction tape. He stated, "Indigent
inmates can hand write legal material."
Adding to the absurdity of all this is how broke down these typewriters are. The
first day that I began typing this essay, I was given a typewriter whose shift key, along with
several others, did not work. At the same time that I was removing the $S0.00 worth of
accessories from the machine (that the Warden so kindly allows me to purchase), so I could
trade it in for a less broken one, a loud screeching noise was emanating from another
typewriter to the right of me. The older gentleman had no idea why his machine was flat
lining, but the noise was so intense that a correctional officer came out of her office to yell,
"What's that noise?" This finally prompted someone to unplug it.
The next typewriter I was given had a mind of its own. Whenever it felt like it,
instead of typing the correct letter, it would print two parallel lines like the letter H without
the cross bar and taller. Over the course of typing two pages, it occurred nearly a dozen
times. The best part is that you can't erase them due to their not being real characters
(when you erase, the ribbon lifts up automatically and the correction tape, taking it place is
struck by the typing wheel, lifting the errant letter off the page).
A Different Direction?
Once Womack left in the spring of 2014, there was hope that perhaps the library
would start to resemble a library. In that vein, I approached the new supervisor, Kim
Neely, shortly after her arrival in the summer, about a concern of mine. For the whole time
that I have been here, no system has existed to return books to the library that are on the
various housing units.
When Ms. Neely heard how books were being thrown away, as there are no
bookshelves in the housing units (or unfortunately in the individual cells) to store them,
she appeared to show genuine interest. Several weeks later, I once again asked if any
change would be coming and she assured me of her concern. Finally, on October 31, 2014,1
sent her an email, "Several weeks ago you said that you'd be trying to establish some sort of
mechanism to have books on the units returned to the library, in lieu of being thrown away.
Has there been any progress made in this effort, cause [sic] such a measure is sorely
needed. Thanks." And the bureaucratic response was, "Yes, I am looking into this. I am
waiting on a budget." To top off the tall glass of indifference, it was signed, "Brian
Womack." I guess changing the rubber stamp is too tiring these days.
It is difficult to understand about how initiating a system to return books to the
library would cost more than a few dollars. All inmates are required to have a job by policy.
In general, the lowest pay is $5.25 per month. Compared to some of the other inmate jobs,
going to all eight housing units once a week, to pick up library books is a dream job. All you
need is to place a cardboard box on each unit and then have a guy go empty it once a week.
This isn't difficult to imagine or to execute.
No, it isn't about the money at all. The truth was obvious as I walked into the library
to type this essay. Just beyond the main door was a five-foot tall circular stack of books
about three feet at the bottom and narrowing towards the top, draped in Christmas tree
lights. The juxtaposition of this "tree" with empty bookshelves around it was striking. For
this is the essence of our prison library-a prop, not designed for actual use, besides bilking
the taxpayer, of course.
Conclusion
Before any reforms can be made within the federal prison system there needs to be
a thorough accounting of what is actually going on. This however is nearly impossible
under current circumstances. Obtaining information through the Freedom of Information
Act and filing grievances is intentionally made slow, grueling, and expensive to discourage
any would-be reformers.
A good example of this would be what happened to my grievance, filed through the
BOP administrative remedy system, concerning the storage bins that were never provided
to inmates living in 3-man cells. Central office was supposed to provide an answer to my
grievance by December 16, 2013. Over a year later I'm still waiting.
While I could proceed to the courts (in whom I have about as much faith as the BOP
to do the right thing), due to the Prison Litigation Reform Act (PLRA), doing so will cost
$350 for the initial filing fee. To appeal costs another $450.
Adding yet more bureaucrats to this stew of incompetence that is the BOP will not
help, no matter what phony title they are given. Business as usual is simply too profitable.
An outside voice is required to amplify the voices of prisoners who have a vested interest in
an efficiently run prison and are intimately aware of waste within the system.
This can be achieved by creating a Citizen Advocate (CA) position for every federal
prison complex. In order to maintain his independence from the BOP, the CA would be
selected from amongst all the resident prisoner's approved visitors by those very same
visitors through an annual popular vote. Allowing only the visitors to vote for one of their
own would prevent prisoners from politicking on the compound yet allow them an indirect
voice, through their visitors, to express their approval or disapproval of the CA's job
performance. Additionally, the CA should be paid from the inmate trust fund, so as not to
burden the taxpayer with another bureaucrat's mouth to feed and further guarantee the
CA's independence.
The Citizen Advocate's duties would include:
• Ensuring that all audits, financial records, contracts with outside vendors,
trust fund expenditures, etc. are made available to the public and inmate
population within 90 days of their publication or acquisition by the BOP.
• Attending any public meeting that the prison administration conducts with
the community (i.e. Community Relations Board meetings) and making the
meeting minutes available to the public and inmate population within 90
days.
• Assisting prisoners in their filing of legitimate FOIA to ensure the BOP
follows the law.
• Producing an annual report detailing any areas of concern within the prison
that would be released to both the public and inmate population.
There already is an infrastructure to allow inmates to view digitized documents: the
Electronic Law Library that is in each federal prison. Court decisions that are hundreds of
years old, various legal assistance books, and the various BOP program statements (they
detail how policy is to be enforced] are available at the click of the mouse. What is
preventing the publishing of audits, trust fund data, etc.? By providing the public access to
the exact documents that prisoners see will cut down on the tendency within the BOP to
redact information that in actuality is not sensitive. It would be difficult to explain to the
average American how the Warden's name is sensitive information.
Efficient prisons do not only benefit prisoners; they benefit the communities that
will eventually them years down the road. As a Fairton administration official candidly
confessed to me recently, "prisons are just schools where [prisoners] learn how to become
better criminals." This is true under the current set up where educational opportunities
are more readily found amongst fellow prisoners than through official prison programs
that are often mere Potemkin Villages, whose sole purpose is to justify the department's
bloated budget. A whole slew of unofficial, prisoner taught, classes are available though:
Crack Dealing 101; Prostitution 101; Bank Robbery 101, etc. that provide quality guidance
for today's up and coming criminals.
We can't honestly believe that the very people who are benefitting from the
dysfunctional state of the BOP will be its saviors. No sane bureaucrat would intentionally
derail the gravy train that he's riding to retirement. An outsider, who doesn't take his
marching orders from D.C, is needed for any hope of meaningful reform.
Jason Gerhard is currently serving a 20-year federal prison sentence for assisting a
New Hampshire couple during their approximately 8-month standoff with federal
authorities over the legality of the federal income tax.
For more information, as well as for documents cited in this essay, visit:
AmericanPoliticalPrisonersAlIiance.info
or email:
[email protected]
Citations
1 Congressional Research Service; Bureau of Justice Statistics.
2 Agency Manual of Accreditation Policy and Procedure (Revised September 2007).
Page 41.
3Gerber, Jurg and Fritsch, Eric J. "Prison Education and Offender Behavior: A Review of the
Scientific Lit-erature." Texas Department of Criminal Justice: Institutional Division.
July 1993.
COMMISSION ON A C C R E D I T A T I O N FOR CORRECTIONS
Federal Bureau of Prisons
Federal Correctional Institution - Fairton
Fairton, New Jersey
September 21-23, 2010
Visiting Committee Findings
Non-Mandatory Standards
Noncompliance
Standard #4-4129
T H E NUMBER OF INMATES DOES NOT E X C E E D T H E FACILITY'S R A T E D B E D
CAPACITY.
FINDINGS:
FCI population 1283, rated capacity 1014; Camp population 127, rated capacity 100;
(b)(7)e
A G E N C Y RESPONSE
Waiver Request
The designated capacity for FCI Fairton is 1264
1110; FPC 100; (b)(7)e 54), with a
current population of 1511 (FCI 1316; FPC 128; (b)(7)e 67.) At this time, the total number
of inmates is in excess of the designed rated bed
ity at the three facilities. Although
we exceed our designated capacity at this time, we manage our inmate population by
providing a variety of work and program opportunities which allows inmates to be out of
their cells approximately 15.5 hours per day. We promote and encourage positive
interaction with others on a daily basis. By offering programs in education, recreation,
psychology, religious services, and vocational training, we are able to mitigate crowding
conditions and manage inmate idleness, which enhances our ability to operate an
institution that is safe for both staff and inmates.
In order to accomplish this
management philosophy, the following is a list of program opportunities available to the
inmate population:
22
6.
All staff are trained and practice effective communication skills at all levels.
Although there is a formal grievance process, most grievances are resolved
informally due to the open communication and effective conflict resolution skills
practiced by staff on a daily basis.
7.
The quality of life, safety, and security at FCI Fairton is maintained at the highest
levels for the benefit of inmates/staff. Although the population at our facility
exceeds the designed rated capacity, our institution is managed by professional
staff that are highly trained, skilled, and committed to our mission of providing a
safe, secure environment every day.
AUDITOR'S RESPONSE
Auditor concurs with waiver request. There were no overcrowding complaints due to
mitigation through programs and activities.
Standard #4-4132 Revised January 2007.
CELLS/ROOMS USED FOR HOUSING INMATES S H A L L P R O V I D E AT A
MINIMUM, 25 SQUARE F E E T OF UNENCUMBERED SPACE P E R OCCUPANT.
UNENCUMBERED SPACE IS U S A B L E SPACE THAT IS NOT E N C U M B E R E D B Y
FURNISHINGS OR F I X T U R E S . A T L E A S T ONE DIMENSION O F T H E
UNENCUMBERED SPACE IS NO L E S S THAN S E V E N F E E T . IN DETERMINING
UNENCUMBERED SPACE IN T H E C E L L OR ROOM, T H E T O T A L SQUARE
FOOTAGE IS OBTAINED AND T H E SQUARE FOOTAGE O F F I X T U R E S AND
EQUIPMENT IS SUBTRACTED. A L L F I X T U R E S AND EQUIPMENT MUST B E IN
OPERATIONAL POSITION AND MUST PROVIDE T H E FOLLOWING MINIMUMS
PER PERSON:
•
•
•
•
•
BED
PLUMBING F I X T U R E S (IF INSIDE THE C E L L / R O O M )
DESK
LOCKER
CHAIR OR S T O O L
FINDINGS:
FCI 3 man cells unencumbered space is 17.08 square feet per inmate; Camp
unencumbered space is 22 square feet per inmate.
24
standard #4-4134
E A C H INMATE CONFINED TO A C E L L / R O O M FOR 10 OR MORE HOURS D A I L Y
IS PROVIDED A SLEEPING A R E A WITH T H E FOLLOWING:
•
A SLEEPING S U R F A C E AND MATTRESS A T L E A S T 12 INCHES
OFF OF T H E FLOOR
A WRITING S U R F A C E AND PROXIMATE A R E A TO SIT
STORAGE FOR PERSONAL ITEMS
A D E Q U A T E STORAGE SPACE FOR C L O T H E S AND PERSONAL
BELONGINGS
•
•
•
E A C H INMATE CONFINED TO A C E L L / R O O M FOR L E S S THAN 10 HOURS
D A I L Y IS PROVIDED A SLEEPING A R E A WITH T H E FOLLOWING:
•
•
•
A SLEEPING S U R F A C E AND MATTRESS A T L E A S T 12 INCHES
OFF OF T H E FLOOR
STORAGE FOR PERSONAL ITEMS
A D E Q U A T E S T O R A G E SPACE FOR C L O T H E S AND PERSONAL
BELONGINGS
FINDINGS:
The bottom bunk in the 166 three man ceils in the FCI units is only eight and nine inches
from the floor.
A G E N C Y RESPONSE
Waiver Request
Currently FCI Fairton has 166 3-man cells with pre-fabricated 3-man bunk beds. Each
inmate in the 3-man cells is provided a storage bin and locker for their personal effects.
Our current housing plan is to not assign the lower bunks, however that varies with the
population that is assigned to FCI Fairton from the Bureau's designation center in Texas.
At this time funds are not available to re-do the pre-fabricated bunks.
Although FCI Fairton is over our rated capacity, only 12.6% of the FCI population has a
bunk that is not 12 inches off of the floor. The following information shows how we
mitigate the time inmates on the lower bunks would physically be on them:
Each housing unit has common areas in which inmates have the opportunity to interact
with others and to participate in a variety of unstructured activities such as: reading,
writing letters, playing cards, board games and watching television that inmates have
access to from 6 am until 10 pm (with the exception of our 4 pm count which takes about
30 minutes on average to complete). Inmates are encouraged to participate in programs,
structured or unstructured, in addition to their work and educational programs.
27
standard #4-4139
INMATES
HAVE
ACCESS
TO
OPERABLE
SHOWERS
WITH
T E M P E R A T U R E - C O N T R O L L E D HOT AND C O L D RUNNING WATER, A T A
MINIMUM RATIO OF ONE SHOWER FOR E V E R Y EIGHT INMATES, UNLESS
NATIONAL OR S T A T E BUILDING OR H E A L T H CODES S P E C I F Y A DIFFERENT
RATIO. W A T E R FOR SHOWERS IS T H E R M O S T A T I C A L L Y C O N T R O L L E D TO
TEMPERATURES RANGING FROM 100 D E G R E E S FAHRENHEIT TO 120
D E G R E E S FAHRENHEIT TO ENSURE T H E S A F E T Y OF INMATES AND TO
PROMOTE H Y G I E N I C PRACTICES.
FINDINGS:
Shower ratios at the FCI A, B, are 1:21; C unit and one of D unit 1:20.5; and the Camp is
1; 13. It should be noted the last report plan of action for the camp will be completed in
October 2010 and the camp showers will meet the standard for the current population.
A G E N C Y RESPONSE
Waiver Request
The facility consists of eight general population housing units in four,different buildings
and a Special Housing Unit. Units are equipped with operable showers with temperaturecontrolled hot and cold running water, at ratios of: FCI - A, B and C Units 1:20: D L
Unit 1:16 and DR Unit 1:19. We manage our inmate population by providing a variety of
work opportunities and programs at varying times throughout the day, alleviating the use
of showers at the same time.
Inmates spend an average of 15.5 hours per day out of their cells. Inmates are only
confined to their cells from 4 p.m. to 4:30 p.m. and from 10:00 p.m. to 6:00 a.m. All
medically able inmates are required to work. Normally, inmates work an average of 7
hours per day. Since the institution coordinates a number of activities during evening
hours and weekends, it is necessary for inmates to hold jobs during the operation of these
programs as well.
•
We encourage the inmate population to participate in educational, recreational,
religious and psychology based programs to better manage inmate idleness which
effectively reduces the number of inmates needing to use these facilities at the
same time.
In conjunction with security and management procedures, inmates have access to
showers 15.5 hours per day, seven days per week at the FCI. Inmates at the FCI are able
to use these facilities without staff assistance when they are not confined to their cells or
sleeping areas. With these procedures, the facility does not experience long waiting lines,
nor have we received any complaints that inmates do not have access to these facilities
when needed
31
U.S.
Department o f J u s t i c e
F e d e r a l B u r e a u of P r i s o n s
Federal Correctional I n s t i t u t i o n
Fairton, New Jersey 08320
May
MEMORANDUM TO
ALL
28/
2013
Any e x c e s s p r o p e r t y . r i o t / m a i n t a i n e d i n s i d e t h e l o c k e r w i l l be
c o n f i s c a t e d and an i n c i d e n t r e p o r t w i l l be g e n e r a t e d f o r R e f u s i n g
Programs.
,
S
THRU:
J ! ^R a g u c k a s ,
UUnniitt Manager
THRU:
E.
Williams,
U n i t Manager
THRU:
D.
Demps^y, U n i t
FROM:
J.R/^^(arales,
SUBJECT:
Mmate
T h i s memorandum, h a s . b e e n s e t i n , p l a c e t o e n s u r e
safety standards o f ' t h i s irtstitution.
Manager
Captain
Property
E f f e c t i v e immediately, g e n e r a l population inmates are r e q u i r e d to
m a i n t a i n a l l t h e i r i n s t i t u t i o n a l i s s u e d and p e r s o n a l p r o p e r t y i n s i d e
t h e i r a s s i g n e d l o c k e r ; . N o t h i n g c a n be s t o r e d on t o p o f t h e l o c k e r s o r
hanging from,the s i d e of the l o c k e r s .
The o n l y e x c e p t i o n s t o t h e i t e m s w h i c h c a n be m a i n t a i n e d
l o c k e r and hung on t h e t h r e e a u t h o r i z e d h o o k s a r e
o u t s i d e the!
(1) J a c k e t and windbreaker
(1) Mesh bag w i t h d i r t y laundry
(1) Towel
Under t h e bed,
each
E a c h i n m a t e i s r e q u i r e d t o m o n i t o r t h e i r own amount o f p r o p e r t y and
e n s u r e t h e y do n o t p u r c h a s e more t h a n what t h e y c a n s t o r e i n s i d e t h e i r
locker.
inmate
i s a u t h o r i z e d t o have 4 p a i r s
of
shoes
(2) Sneakers/casual or 1 sneaker and 1 c a s u a l - t o t a l 2 shoes
(1) Work boots or medical s o f t shoes
(1) P a i r of shower shoes or 1 p a i r of s l i p p e r s
On top o f t h e t a b l e you a r e a l l o w t o m a i n t a i n t h e a u t h o r i z e d amount
Books/Magazines/Newspapers ( B i b l e )
Each inmate can o n l y have
(1) Bowl - which must be Stored i n s i d e
(1) Laundry mesh bag
the
locker
I n m a t e s who c u r r e n t l y h a v e t h e g r e y l e g a l b i n s c a n c o n t i n u e t o
:;.
m a i n t a i n l e g a l m a t e r i a l b u t n o t s t o r e c o m m i s s a r y i t e m s o r c l o t h i n g . .:
E a c h i n m a t e must p r o v i d e p r o o f o f o w n e r s h i p f o r t h e g r e y b i n s i n o r d e r
to m a i n t a i n them.
I f o w n e r s h i p c a n n o t be p r o v i d e d , t h e g r e y b i n s w i l l
be c o n f i s c a t e d .
high s a n i t a t i o n
and
U.S. Department of Justice
Federal Bureau of Prisons
Federal Correctional Institution
Fairton, New Jersey 08320
March 3,2009
MEMORANDUM FOR A L L CONCERNED
//s//
FROM:
Paul M. Schultz, Warden
SUBJECt:
Water Conservation
In the geiieral population housing units, showers will be openfrom6:00 AM until 9:00 AM.
Once cleaned, the showers will remain secured with the exception of one shower open upstairs
and one downstairs. On Friday before Jumah prdyer, an additional shower will be open from
10:30 AM to 12:30 PM. After the 4:00 PM count clears, all showers will be open."
cc:
All Unit Staff
Lieutenants' Office
All Staff
GERHARD, Jason
Register Number: 20229-045
Administrative Remedy Number: 669085-Fl
Part B - Response
Tliis is in response to your Request for Administrative Remedy, received in my office on
December 14, 2011, in which you are requesting to know if a memorandum regarding water
conservation, dated March of 2009, has been rescinded. You state that you believe ACA has
been misinformed regarding shower useage.
A review of this matter reveals that the memofandum refeired to has not been rescinded. The
Bureau of Prisons has been mandated by the President of the United States to reduce water
consumption by 2%. The iafprniation utili2;ed for the ACA report is an accurate account of the
shower avatlability al FGI FahioiJ,
Accordingly, this response is for informational purposes* • I f you arc dissatisfied with this
response, you may appeal to the Regional Dircotoi^iJ^ortheast Regional Office, U.S. Customs
House, 7**' Floor, 2"^^ and Chestnut Streets^ Philadel|)Jiia, Pennsylvania, 19106. Your appeal
must be received in the Regional Office withm>20 aaf s Irom the date of this response.
J.T. Shartlc, Warden
bate
U.S. Department of Justice
Federal Bureau of Prisons
Federal Correctonal Institution
Fairton, New Jersey 08320
June?, 2010
Shower after participating in close contact recreational activities, whenever possible. Don't
get tattoos in prison. Don't use injection drugs. Don't have sexual contact with other inmates.
MRSA skin infections are often treated with frequent warm soaks, draining of wound and
strong antibiotics. Serious or highly resistant MRSA may require intravenous (FV) antibiotics.
But with appropriate therapy, MRSA can be successfully treated.
Always seek medical attention if you develop a boil, red or inflamed skin, insect or spider
bite, or a sore that does not go awav. Your clinical provider can check if MRSA bacterial
infection exists by swabbing the site to collect drainage or secretions.
If any imnate has concerns they should contact Health Services staff during sick call.
MEMORANDUM F O R A L L INMATES
FROM :
SUBJECT:
Health Services Department
Methicillin Resistant Staphylococcal Aureus(MRSA)
Please be advised that we have several cases of skin infections caused by MRSA in our
institution. The Health Services Department has taken steps in identifying preventive
measures to contain the spread of MRSA bacteria.
The following are facts about MRSA :
MRSA refers to strains of bacteria called (staphylococcus aureus or "staph") that cannot be
killed by ( resistance) the antibiotics (like Methicillin) used to treat infection. Staphylococcus
aureus " staph" is a common type of bacteria that is found on the skin and in the nose of
healthy persons. Staph bacteria may cause minor skin infections such as boils or more serious
infections such as pneumonia and blood poisoning. MRSA infections are more difficult to
treat, but usually respond to incision and drainage and/or antibiotics.
MRSA is usually spread through direct physical contact with an infected person, but may also
be transmitted through contact with contaminated objects or surfaces. MRSA is not spread by
coughing unless the infected person has pneumonia.
MRSA can be prevented by washing your hands thoroughly with soap and water throughout
the day, particularly every time you use the toilet and before every meal. Never touch another
person's woimds, infected skin, or dirty bandages. Don't scratch skin rashes. Maintain
excellent personal hygiene through regular showers and by keeping your living space clean,
including the regular laundering of your bed linens. Don't ever share personal hygiene items
with others, including toiletries and towels. Clean off any surfaces shared with others such as
weight benches. Use a towel or a shirt as a barrier between your bare skin and exercise
equipment.
PluqOut CvGiIng Program
T. Brown, Supervisor of Recreation
Introda^tion
The energy that is being exerted by inmates exercising in recreation can either be wasted or converted
Into electricity and used. When exercising Kineticenergy is being produced and the benefits of the
electricity they generate by relating it to what energy consumption they are able to offset In their lives.
The concept of generating electricity to help the environment is one of the many benefits. The users are
motivated to work out harder when they know their workouts have that additional benefit of helping
the environment. Along with helping the environmerit this also promotes better general health among
Qur inmate population and can be utilized as a job description while being employed in Recreation.
Pur0<5>ge
Kinetic energy Is the energy an object possesses due to its motion. Kineticenergy from working out on .
cardio fitness equipment is converted to electrical energy, which cart be returned to the power grid. The
equipment uses an electronic braking system to coritrol the resistance felt by the user and generate
electricity.
On dardio fitness equipment such as stationary bikes, the pedals power a drive train (either belt-drive or
chairi-drive) that is connected to a generator. The generator creates electrical current that feeds into an
inverter (contained within the piece of equipment) which converts it into AC power. A circuit board
communicates with the resistance control and the Inverter to allow the user to select the amount of
resistance they want to feel by controlling current. The usercan generate more power by any
combination of increasing either RPM's or electronic resistance. The AC power generated is returned to
the bullding'^s electrical circuitry through a power cord that connects to the inverter and is plugged into
a standard wall socket.
•
"
.
. ii'' '
"
•
•
Project Descrft)ti0n/ Resfearph Questions
To facilitate this project the following items would have toile In place, A power strip would have to be
Installed of eight to ten 110 volt outlets in the wellness room for the PlugOut stationary cycles, along
with the purchase of the PlugOut cycles.
How Is the electricity returned to the grid? It is a comrhon misconception that electridty is pushed
through the power grid. In fact> when you turn on an appliance it draws electrical current. The source of
this electric power Is typically some large scale electro-mechanical generator driven by steam from fossil
fuel combustion or heat released from nuclear reactions, or from kineticenergy harvested from winder
water that is then supplied to your home or building by a utility. However, it can come from other
sources such as on-site generators, solar power, or electrjcity generatlriig cardio fitness equipment. The
etectric power generated from PlugOut equipment flows through the |:iower cord to a standard wall
socket that is connected to the buildings electric circuits where it can be used to power TV's, lighting,
fans, and other appliances, essentially reducing or subsidizing the amount of electricity that would
otherwise be drawn from the utility. If you were able to generate more power than your facility was
consuming, the current would flow past your meter back tO the power grid, and down the line to the
next facility that was consuming electricity. The current flowing backwards over your meter would
actually spin the meter backwards. Traditionally, facilities that generate more electricity than they
consume, such as those with large solar arrays, will set up what's called a net-metering agreement
where they sell the electricity that they are generating back to the utility, often at a higher rate than
what they purchase it for.
How much power can a human generate?
Electrical power is measured in Watts and Is calculated by multiplying Force (Voltage) by Current
(Amps). The current worid record holder for average watts over the course of 1 hour On a bicycle is
Ondrej Sosenka at a whopping 430 watts! Riders climbing the Alps in the Tour de France will peak at
over 500 watts. However, most adults will generate between 50 and 150 watts while working out on
PlugOut fitness equipment depending on fitness and effort level. The amount of energy generated over
time is measured in Watt-hours. So, the average adult wc^^ng on PlugOut fitness equipment for an
hour.wia generate 100 WStt-hours'(100 TOtts * i h o u r = 1 ^ Watt-hours).
What can that power?
A couple of different items that almost everyone can relate to are a 40" Energy Star** LCD television that
require about 70 Watts which means most users will be able to directly offset TV watching. A laptop
requires about 25 Watts while in use (not sleep mode). One half-hour workout will power your cell
phone for a week. Through a little bit of on-line research you can obtain the amount of power (Watts)
necessary to run pretty much anything.
Benefits/Antictotied Outcomes
How much money can you save?
Most utilities charge by the Kilowatt-hour (kWh) and the rate varies regionally in the United States from
$.05/kWh to $.20/kWh. If you assume that most adults will generate 100 Watts continuously and workout for Vz hour on average, then they will have generated .05 kWh (100 Watts • .5 hours = 50 Watthours/1000 Watts = .05 Kilowatt-hours). This equates to only Yz cent per workout, assuming the utility is
charging 10 cents per kWh and Illuminates the biggest reason why this technology is not more widely
used. Currently electricity is cheap, humans cannot generate a lot of power, and therefore the monetary
payback for implementing the t^chn(|logy is small.
the cwerarrhealth benefits and the inmate jobs
that would be generate^from^tHls program would be a positive asset to the mission of FCI Fairton."
Cost
PlugOut Cycle for $1,399.00, x 10= 13,990.00, not including volume discounts.
Materials: conduit (81.35, 50'x 1), electric wire (124.80, lOO'x 1), box (41.03x10) and outlet (16.00x10)
=776.45
Total Cost=$14,766.45
hdoor Cycle Pike (Individual or Groupy
Tm PlugOut Cycle is an extremely yerssitlfe place ^ipment that provides one h^ck of
a workout, jt works wd( for group^^^sses, warming |p In a tr^nlng studio, or oven as an
ecf!idii#i t^l^whan lncK>rpprtt^ itjtp^a high ^aho^wicul^jrj, easy to
vou w^ntWii^^iyy^
fdr .^A^bl&fto^
Si^OS&F^ATUR|S .
-
F^yWleelWelgl^U40lbs
Frsiins: Ste^
Dimensions: 30^ L.x25.2''W
{"^ower Cord; 12 gauge
Power Cofd Length: Adiustabte
HandteBsrs; AciustablsHalght.
Seat Adjbsteble Helght/Dfeiance
Tert^on; Manual (Knob)
. Pedals: Soif-leveling.npn-^ip
^T^ow Straps: Fctiv Adustabte
• 8 0 « V P u t p u t Range; 0W.2S0W
•>brtc>virtg: ^uift~iri,-#ie^.s
WariBnty: 1 Year
Includes: Power Cord, mmM.
• -• -- .•
W^gOut T^chn^logy
^
Our equiprnent Is ready to work right out of the box. You ,don't need to m.3ke any additional purchases or aliar your building in any way for your equipment to work. The electricity is returned to
the building's electrical system by plugging the standard three prong power cord that is included
ydththe unit djreotiy into a standard outlet.
.
© Capytigltt 2011 PSugCkit Cwcfio Fitness Equlpi-i^ent ^ v,ViW,pKigoul1itaQss.a>nv
otherwise be drawn from the utility. If you were able to generate more power than your facility was
consuming, the current would flow past your meter back tO the power grid, and down the line to the
next facility that was consuming electricity. The current flowing backwards over your meter would
actually spin the meter backwards. Traditionally, facilities that generate more electricity than they
consume, such as those with large solar arrays, will set up what's called a net-metering agreement
where they sell the electricity that they are generating back to the utility, often at a higher rate than
what they purchase it for.
How much power can a human generate?
Electrical power is measured in Watts and Is calculated by multiplying Force (Voltage) by Current
(Amps). The current world record holder for average watts over the course of 1 hour on a bicycle is
Ondrej Sosenka at a whopping 430 watts! Riders climbing the Alps in the Tour de France will peak at
over 500 watts. However, most adults will generate between 50 and 150 watts while working out on
PlugOut fitness equipment depending on fitness and effort level. The amount of energy generated over
time is measured in Watt-hours. So, the average adult wooing on PlugOut fitness equipment for an
hour will generate 100 WStt-hours'(100 Watts'* 1 hour = 100 Watt-hours).
What can that power?
A couple of different items that almost everyone can relate to are a 40" Energy Star^ LCD televisioq that
require about 70 Watts which means most users will be able to directly offset TV watching. A laptop
requires about 25 Watts while in use (not sleep mode). One half-hour workout will power your cell
phone for a week. Through a little bit of on-line research you can obtain the amount of power (Watts)
necessary to run pretty much anything.
Beneflts/Anticto^d Outcomes
How much money can you save?
Most utilities charge by the Kilowatt-hour (kWh) and the rate varies regionally in the United States from
$.05/kWh to $.20/kWh. If you assume that most adults will generate 100 Watts continuously and workout for K hour on average, then they will have generated .05 kWh (100 Watts * .5 hours = 50 Watthours/1000 Watts = .05 Kilowatt-hours). This equates to only 34 cent per workout, assuming the utility is
charging 10 cents per kWh and illuminates the biggest reason why this technology is not more widely
used. Currently electricity Is cheap, humans cannot generate a lot of povyer. and therefore the monetary
payback for implementing the t^schncilogy is small.
the averalT health benefits and the Inmate jobs
that would be generate^ffrom\His program would be a positive asset to the mission of FCI Fairton."
Cost
PlugOut Cycle for $1,399.00, x 10= 13,990.00, not including volume discounts.
Materials: conduit (81.35, 50'x 1), electric wire (124.80, lOO'x 1), box (41.03x10) and outlet (16.00x10)
=776.45
Total Cost=$14,766.45
U.S. Department of Justice
Federal Bureau of Prisons
Northeast Regional Office
U.S. Custom House - 7th Floor
2nd& Chestnut Streets
Philadelphia, PA. 19106
Febima^y 26, 2013
Jason G e r h a r d
R e g i s t e r No. 20229-045
Federal C o r r e c t i o n a l I n s t i t u t i o n
P.O. Box 420
F a i r t o n , NJ 08320
Fairton
RE:
Freedom o f I n f o r m a t i o n R e q u e s t No. 2013-03966
Dear
Requester:
T h i s i s i n r e s p o n s e t o y o u r r e q u e s t f o r r e c o r d s t h a t was r e c e i v e d
by t h i s a g e n c y on J a n u a r y 14, 2013. You r e q u e s t c o p i e s o f a l l
documents r e l a t e d t o t h e P l u g - o u t C y c l i n g P r o g r a m i n i t i a t e d b y
R e c r e a t i o n s t a f f a t FCI F a i r t o n .
You a l s o r e q u e s t i n f o r m a t i o n
concerning t h e source o f funds f o r t h e program.
I n r e s p o n s e t o y o u r r e q u e s t , a s e a r c h was c o n d u c t e d a n d no
r e c o r d s were f o u n d r e s p o n s i v e t o y o u r r e q u e s t .
I t r u s t t h i s has b e e n r e s p o n s i v e t o y o u r r e q u e s t . However, i f y o u
a r e d i s s a t i s f i e d w i t h t h i s r e s p o n s e , y o u may a p p e a l t o t h e A t t o r n e y
G e n e r a l b y f i l i n g a v / r i t t e n a p p e a l . Y o u r a p p e a l m u s t be r e c e i v e d
by t h e O f f i c e o f I n f o r m a t i o n P o l i c y w i t h i n s i x t y d a y s f r o m t h e d a t e
o f t h i s l e t t e r i n o r d e r t o be c o n s i d e r e d t i m e l y . You may a p p e a l t o :
Attorney General, O f f i c e o f I n f o r m a t i o n P o l i c y , U n i t e d States
D e p a r t m e n t o f J u s t i c e , 1425 New Y o r k Avenue, S u i t e 11050, W a s h i n g t o n ,
D.C.
20530-0001. B o t h t h e envelope and t h e l e t t e r o f a p p e a l i t s e l f
s h o u l d be c l e a r l y m a r k e d : ''Freedom o f I n f o r m a t i o n A c t A p p e a l . "
1
D^ftok
L-FCI FAIRTON
DebUtil Report ID 584
Asset:
Location
:
Download Date
Download Time
: 12/21/2009
: 8:27:00 AM
Upload Date
Upload Time
: 12/21/2009
: 6:53:07 PM
: 03.09.00.39
":~Laundry Controller
DebUtil Version
: 02.01,00.05
Reader Version
"Model
LAUNDRC-LEFT
CL
Printed Date:
Printed Time:
12/21/2009
7.04:34 PM
Transaction Count:
Data Integrtty:
1635
-ValicT-
Laundry Cycle Data
Cyc
11
Cyc
Cyc
378
12
561
13
Cyc
554
14
Cyc
Cyc
Cyc
Cyc
299
Totals
Period
Debits
List Price Debits
Vending Discounts
Total Debits
Totals
572.00
0-00
572.00
Discounts/Bonuses
Total Discount/Bcnus
0.00
Laundry Cycles
1790
V^id MAC
Totals
Grand
Grand Total Debits
Grand Total Disc/Bonus
$
35070.00
5.00
129A9972
Page: 6
CM)fi9k
L - F a FAIRTON
DebUtll Report ID 587
Location
: FCI FAIRTON
Download Date
Download Time
: 12/21/2009
: 8:27:00 AM
Reader Version
^Model
Asset:
ALLAUNDRY
Upload Date
Upload Time
12/21/2009
7:04:33 PM
Printed Date:
Printed Time:
: 12/21/2009
: 6:53:23 PM
: 03.10.00.08
DebUtit Version
~:~Laundry Controller
AL
1579
Valid-
Transaction Count:
Data Integrrty:"
: 02.01.00.05
Laundry Cycle Data
Cyc
11
Cyc
321
12
531
#
Cyc
13
480
Cyc
14
Cyc
Cyc
Cyc
Cyc
322
Totals
Period
Debits
List Price Debits
Vending Discounts
Total Debits
Discounts/Bonuses
Total Discount/Bonus
Cash Sales
Laundry Cycles
Valid MAC
Totals
Totals
Grand
552.00
0.00
552.00
0.00
Grand Total Debits
Grand Total Disc/Bonus
$
11166.40
3.85
2102.00
1654
229EC341
Page: 3
BASS COUPf f:
HOUSING UNIT L O G • DAY WATCH
(b){7)f
DATE:
(circle)
Sun (Mon) Tue Wed Thu Fri Sat
1^1
F7ISSjD80707iw
I
Signature:
^ 7
.J^==^^
. REMEfd^E^: YOU MUST SIGN POST ORDERS
) miEN YOU INrriAUyjSWME
UME ANY POST
Officer: (Print Name)
SHAKE DOWNS: All six cell shakedowns must be fiiUy documented. (Do not use "Mass Shakedown".) Also, ensure
that you document the cells you search on the weekly insert containing the unit diagram.
Room No.
Inmate Name
Rcgbtratlon No.
—
Date
Time
Remarks
Staff
^
r
•
(b)(7)c
V
1
1
CENSUS COUNTS
Time
%
Assigned
Accounted For
Discrepancies Noted
- ^^^-^
WEEKEND & HOLIDAY COUNTS
10:00 a j n . Coent |
UnK Count
Primary Officer Counting . . . . . .
DAILY ACTIVITIES
Time
A.
Activity"
(b)(7)f
Ui2
(b)(7)f
Officer Backing Count
'
I HASK- rOIIMT. I
(b)(7)f
HOUSING UNIT LOG • DAY WATCH
^
DATE: (circle) Sun(Mon)Tuc Wed Thu ^ri^^^Sau^^
Officer: (Print Name)
Signature^:
REMEMBER: YOU MUST SIGN POST ORDERS WHEN YpUTNITlAUJ^SlUME^&^POSr
SHAKE DOWNS: AII six cell shakedowns must be fiiHy documentft^. (Do not us^'Mass Shakedown".) Also, ensure
1 the weekly insert c
Room No.
^loniate Name
i
Registration No.
Time
Date
Remarks
^ \
(b)(7)f
\
CENSUS COUNTS
Time
Assigned
Accoimted For
Discrepancies^oted
Primary Officer Counting
Officer Backing Count
WEEKEND & HOLIDAY COUNTS
10:00 a j n . Count j
Unit Count
(b)(7)f
DAILY ACTIVITIES
Activity
Time
»twi fi
(b)(7)f
» (TV V vT» "X'"
(b)(7)e. (b)(7)f
M
(b)(7)c, (b)(7)f
y
HOUSINGJLJNIT L O G • DAY WATCH
BASE COUNT:
(b)(7)f
i(^onjrue
n5
Officer: (Print Name)
Wed Thu Fri Sat
i
155.0807.
LLJISU
Signature:
ASi ^ME
l> ANY POST
REMEMBER: YOU MUST SIGNJo
hOST ORDERS WHENOUINFTIALLY
YOU
SHAKE DOWNS: All six cell shakedowns must be fully documented. (Do not use "Mass
Shakedown".) Also, ensure
that you document the cells you search on the weekly insert containing the unit diagram.
Room No.
Inmate Name
I
Registration No. |
Date
Time
Remarlcs
JLk
(b)(7)c
lit
CENSUS COUIMTS
Aligned
AoCDunted For
Discrepancies Noted
M A
-
j
m
10:00 a.m. Count
—
Primary Officer Counting
DAH^YACTIVITTES
AcUvity
Time
(b)(7)c, (b)(7)f
i
J?
X Backing Count
Attachment 1
Attachment I
Page 2
5350.12
5350.12
Sepiember S, i 9 S i
September S, i 99 i
DEPARTMENT OF JUSTICE
F E D E R A L PRISON SYSTEM
5. Select three leisure l i m e activities in order o f your preference. For example, i f you think arts and
crafts is best, list 1 ; i f you think exercise is next, list 2, etc.
a. _ ) j _ R e a d i n g
ANNUAL, EDUCATION, RECREATION, AND LIBRARY SURVEY
b.
Arts & Crafts
c.
Table games (cards, dommoes, etc.)
d. ^ ^ E x e r c i s e ( j o g g i n g , w e i g h t l i f t i n g , w a l k i n g , etc.)
W l i i c h o f the f o l l o w i n g educational offerings do you believe w o u l d be o f mo.st benefit to you
w h i l e incarcerated?
e.
ABE
GED
.^^College
3 , W a t c h i n g T V , listening to radio, watching movies
f
Religious activities
g.
Cultural groups or social groups
h.
Other (please specify)
6. List the recreational activities ( i n w h i c h you have participated that have been most beneficial
Social Education
to you.
Vocational T r a i n i n g - T>pc:
Other (Specify_
2. W h i c h courses w o u l d you l i k e to see offered that aren't already offered''
7. Is the recreation staff open to suggestions w hicii might i m p r o v e recreational activities'.'
Yes
3.
Do you believe the education staff are open to suggestions
_ JJsually
.
KL^o
which m i g h t improve course
offerinL's?
uauiiuy
X
8. W r i t e anv ueneral comments that w o u l d assist staff in i m p r o v i n u the recreational nroiiram.
IN.
I f your answer is N o , please explain.
V. L»o you lia\'e access to library services.'
-JJ
_s^^,^^^,Wu-lr
- \ ^ ^
c\re^4 -WowiAw^ -Tt^WiceS
4. W r i t e any general comments that you believe w o u l d assist staff in i m p r o v i n g the education
program.
^
r "
•
^
i
fi
10. D o you find the materials you want in the library'?
Yes
k.
No
I f your answer is N o , please e x p l a i n :
-{^ACC^^%
Attachment 1
Page 3
5350.12
S e p t e m b e r s , 1991
1. What additional l i b r a r y materials and/or services w o i d d you l i k e to have available?
12. A d d i t i o n a l C o m m e n t s :
Gerhard, Jason
R e g i s t e r Number 20229-045
A d m i n i s t r a t i v e Remedy No. 7 9 8 6 5 9 - F l
Part
B - Response
T h i s i s i n r e s p o n s e t o y o u r r e q u e s t f o r a d m i n i s t r a t i v e remedy r e c e i v e d
i n t h i s o f f i c e on O c t o b e r 27, 2014, w h e r e i n you c o m p l a i n t h a t T r u s t
Fund P r o f i t s may be u s e d t o p u r c h a s e t y p e w r i t e r s and t y p e w r i t e r
accessories.
You a r e r e q u e s t i n g f o r T r u s t Fund t o p u r c h a s e a l l
typewriter
accessories.
A c c o r d i n g t o P r o g r a m S t a t e m e n t 4500.10, T r u s t F u n d / D e p o s i t Fund
Manual, T r u s t Fund p r o f i t s may be e x p e n d e d on i t e m s
I t - I s guidance
on what can be b o u g h t and n o t w h a t has t o be b o u g h t .
We a r e p r o v i d i n g
you w i t h t h e t y p e w r i t e r and we a r e p r o v i d i n g you t h e o p p o r t u n i t y
t o buy e v e r y t h i n g n e e d e d t o use t h e t y p e w r i t e r s .
A c c o r d i n g l y , y o u r r e q u e s t i s b e i n g d e n i e d . I f you a r e d i s s a t i s f i e d
w i t h t h i s r e s p o n s e , you may a p p e a l t o t h e R e g i o n a l D i r e c t o r , F e d e r a l
Bureau o f P r i s o n s , U.S.
Custom House, 7^^ F l o o r , 2"^ and C h e s t n u t
S t r e e t s , P h i l a d e l p h i a , PA 19106, w i t h i n 20 c a l e n d a r d a y s o f t h e d a t e
of t h i s response.
J. T.
Shartle,
Warden
Date
TRULINCS 20229045 - GERHARD, JASON - Unit: FAl-C-R
FROM: Education
TO: 20229045
SUBJECT: RE:***lnmate to Staff Message***
DATE: 01/21/2014 01:48:20 PM
Indigent inmates can hand write legal material.
Brian Womack
Supervisor of Education
FCI Fairton
» > ~^!"GERHARD, ~'^!JASON" <[email protected]> 1/18/2014 6:12 PM » >
To: Supervisor of Education
Inmate Work Assignment: UNIGOR
Quick question for you, what is the procedure for indigent inmates to access a wheel, ribbon, and correction tape for typing in
the library? It is my understanding that all of the aforementioned items are available on commissary and therefore are not
supplied by the education department. However, I asked several of your inmate employees and they were unaware of any way
for indigent inmates to access these items. Any help would be appreciated.
Thanks,
Jason Gerhard
TRULINCS 20229045 - GERHARD, JASON - Unit: FAI-C-R
FROM: Education
TO: 20229045
SUBJECT: RE:***lnmate to Staff Message***
DATE: 11/03/2014 01:27:02 PM
Yes, I am looking into this. I am waiting on a budget.
Brian Womack
Supervisor of Education
FCI Fairton
» > ~'^!"GERHARD, ~'^!JASON" <[email protected]> 10/31/2014 4:20 PM » >
To: Supervisor
Inmate Work Assignment: Rec AM
Several weeks ago you said that you'd be trying to establish some sort of mechanism to have books on the units returned to the
library, in lieu of being thrown away. Has there been any progress made in this effort, cause such a measure is sorely needed.
Thanks
PR11
PagfJ of I
BOPAX
/^MINX>TRATIVE REMEDY UPDATE
11-12-2013
PAGE 001 OF 001
R£<^NO:
09:51:31
20229-04S NAf^E: iGERHARI
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SUB2: !
iWANTS A ' StORifl^E BIM ' ^ QR EXCESS 1
STATUS OT:
i i i - i 2 - 2 d i 3
STATUS CODE:
EXT Y / N :
INCRPTNO.:
F
BOP
DATE RCV: .10-17-201^
ACC LEV: F A I 1 NER 1 BOP 1
ABSTRACT.:
JREP
RfcSP DUE: mn
12-16-2013
^
ACC STATUS REASON:
RCT: N
EXT: N
DATE ENTQ: 11-12-2013
RE.MARKS. . :
C U R R E N T T R A C K I N G DATA
DATE DUE
DEPARTMENT
THU
ADMIN" REM"
12-12-2013
GOOOO
TRANSACTION
TO
ASSN
ill-12-2013
SUCCESSFULLY
1ittps://bop,icp-clqj.gav:9049/SBNl'RY/J
DATE
TRK TYPE
DATE RETURNED
JNV
COMPLETED
M ^ R F R a d o
11/12/2013