Hospitals & Asylums    

 

Freedom: Model Rules of Community Corrections

 

Codified for Title 24 US Code Chapter 6 §261-270 Freedmen’s Hospital

 

1st Draft 2004 & 2005, 2nd 31 January 2006, 3rd 30 January 2007

 

1. These Model Rules for Community Corrections (MRCC) are annually amended to replace the repealed sections of Freedmen’s Hospital, to assist Congress to make America a community where all people can live together as sisters and brothers without fear of crime by either citizens or government.  By adhering to these principles the US shall achieve minimum standards of human rights for the treatment of prisoners and instill the philosophy of rehabilitation, community corrections, probation and parole to cut the prison population in half in pursuit of international norms.

2. In his 2004 State of the Union address, the President correctly states: We know from long experience that if former prisoners cannot find work, or a home, or help, they are much more likely to commit more crimes and return to prison...America is the land of the second chance, and when the gate of prison open, the path ahead should lead to a better life. In recent years, a number of States and local governments have begun to establish improved systems for reintegrating former prisoners.  Under such systems, corrections officials begin to plan for a prisoners release while the prisoner is incarcerated and provide a transition to needed services in the community. After offenders are released and, community agencies coordinate and provide continuation of re-entry services.  

 

3. In his 2007 State of the Union address, the President states: Our goal is to apply the compassion of America to the deepest problems of America. For so many in our country -- the homeless and the fatherless, the addicted -- the need is great. Yet there's power, wonder-working power, in the goodness and idealism and faith of the American people. Americans are doing the work of compassion every day -- visiting prisoners, providing shelter for battered women, bringing companionship to lonely seniors. These good works deserve our praise; they deserve our personal support; and when appropriate, they deserve the assistance of the federal government -- Tonight I ask Congress and the American people to focus the spirit of service and the resources of government on the needs of some of our most vulnerable citizens -- boys and girls trying to grow up without guidance and attention, and children who have to go through a prison gate to be hugged by their mom or dad.

4. Forerunner of the Howard University Hospital, Freedmen's Hospital served the black community in the District of Columbia for more than a century. First established in 1862 on the grounds of the Camp Barker, 13th and R Streets, NW, Freedmen's Hospital and Asylum cared for freed, disabled, and aged blacks.  This history is a good example for the sale of jail and prison real estate to schools and hospitals and non-discrimination on the basis of previous conditions of servitude and tells the story of a truly free man.  In 1863, the Hospital & Asylum was placed under Dr. Alexander Augusta (1825-1890), the first African-American to head a hospital. After the Civil War, it became the teaching hospital of Howard University Medical School, established in 1868, while remaining under federal control.

5. A record 7 million people - or one in every 32 American adults - were behind bars, on probation or on parole by the end of 2005, according to the Justice Department. Of those, 2.2 million were in prison or jail, an increase of 2.7% over the previous year.  More than 4.1 million people were on probation and 784,208 were on parole at the end of 2005. Prison releases are increasing, but admissions are increasing more.  From 1995 to 2003, inmates in federal prison for drug offenses have accounted for 49% of total prison population growth.  Over the past year, the female population in state or federal prison increased 2.6 percent while the number of male inmates rose 1.9 percent. By year's end, 7% of all inmates were women. Racial disparities among prisoners persist. In the 25-29 age group, 8.1% of black men - about one in 13 – were behind bars, compared with 2.6% of Hispanic men and 1.1% of white men. Certain states saw more significant changes in prison population. Georgia had the biggest decrease, losing 4.6%, followed by Maryland with a 2.4% decrease and Louisiana with a 2.3% drop.  Montana and Kentucky were next in line with increases of 10.4% and 7.9%, respectively.  In South Dakota, the number of inmates increased 11% over the past year, more than any other state.  

 

6. The US did have a penal problem until the dissolution of the Soviet Union after which time the US took the place of the USSR as the most penal nation.   The Bureau of Justice Statistics reported that there were 4,151,125 probationers, 713,990 in jail, 1,421,911 in prison and another 765,355 on parole for a total correctional supervision population of 6,996,500 in 2004.  In 1980 the US was a model judiciary with 503,586 prisoners (220 per 100,000).   As the result of mandatory minimum sentencing legislation the prisoner population steadily increased over 400% to 2,085,620 (707 per 100,000) in 2004.  The US prison population is therefore 24% of the 9 million global prisoners although the general US population of 300 million is only 4.5% of the world’s 6.6 billion population.  The US has the densest concentration of prisoners in the world with an average of 707-746 prisoners per 100,000 citizens.  For the US to achieve the international norm of (250 per 100,000) the total number of local jail, state and federal prison beds must be limited to less than 740,000.  This means that it would be in the best interest of the nation to release more than half of those people detained HA-7-12-05.

 

7. To lead this venture one naturally turns to the capitol, Washington DC, this is however a mistake.  The District of Columbia has the highest concentration of prisoners in the world, exceeding 1,500 per 100,000.  This is not the first time that the capitol has had this problem.  Through the 1980s St. Elizabeth’s Hospital had an extraordinary population exceeding 7,000.  Between 1980 and 1992 the district and federal legislature regulated the problem by establishing a community mental health system and psychiatric detainees at the hospital now number less than 700.  In the 1990s and even more after the new Millennium the capitol has been enacting repressive legislation and filling local jails and federal prisons at an unprecedented rate.  This seizure of the capitol by the criminal justice system must be redressed to preserve the sanctity of our democracy.  A community corrections program must be developed and the leaders of the failed justice system must be replaced.  Whereas the capitol also has the highest concentration of poverty in the nation the social problem is obviously oppression of the poor because they are not protected by the social welfare programs existent in the fifty states and the government must improve the assistance to poor as well establish a community corrections program for the wayward amongst the oppressed citizens.  Congress and District Council are responsible for this liberation as directed in the plan to Decriminalize Corrections and Poverty in Washington DC of the Cinco de Mayo HA-5-5-5.

 

8. The democratic principles are freedom and equal rights.  For representative democracy to flourish people must be able to make informed political decisions free of fear.  In the United States of America both freedom and equal rights have seriously come into question because of the prison population and undue influence of the criminal justice system and we must give the people the power to overthrow tyrants and reduce prison populations through the peaceful principles of democracy and the rule of law found in term limits.  Although the XV Amendment specifically grants suffrage to people regardless of previous condition of servitude only four states, Maine, Massachusetts, Utah and Vermont do not disenfranchise voters convicted of felonies.  It is the politicians, who define what is a felony, who must be censored, not the tyrannized people, who don't really have more than the power of their own two hands.  Every state must repeal these laws denying the victims of their laws the right to vote.  The federal government must enforce this Amendment.  Although the XIV Amendment guarantees the equal protection of the law and the intention of the sentencing guidelines was to eliminate disparities in sentencing, in the past two and a half decades since mandatory minimum sentencing began to be enforced the prison population has soared from 503,586 (220 per 100,000) to 2,085,620 (707 per 100,000) in 2004 when Blakely v. Washington overruled the concept.  The US now holds more detainees than China and since the dissolution of the Soviet Union has the highest concentration of prisoners in the world. 

 

9. Inevitably, in a culture of slavery, the most in-equal of all societies, the rich have become richer, and the value of the dollar has declined.  It is time the US declared judicial incompetence, abolished the death penalty and submitted the nation to the more reasonable sentences of Canada, Mexico and the EU.  We must make great strides against the legal slave trade in convicted criminals under the XIII Amendment to the US Constitution.  For starters politicians must admit that there is a problem.  This can be very difficult, but it is not enough, we must solve this problem, or perish like Nazi Germany and the Soviet Union.  Out nation is unique in that the Civil War is the only war where it was the slavers not the slaves, who revolted.  As this is our history that we are re-writing, we must be careful to punish the revolting slavers. We must keep negotiations regarding freedom to the legislature as directed by the XIII Amendment to the US Constitution. Not to silence the judiciary in regards to the privilege of habeas corpus or their grievances regarding their independence to issue sentences of probation, parole and judgments of acquittal.

 

10. To preserve the integrity of our Union we must carefully conduct statistical research regarding the correctional population in the federal judiciary and every state and county - prison, jail, probation and parole. These statistics are meaningful.  We are obligated to keep slavery prone, politically weak, jurisdictions from seizing power and under the high scrutiny of military democracy whereby the responsible police and judicial officials do not interfere with civil and political rights and are speedily replaced by special ballot and term limits, with more philosophical professionals who understand the plan - community corrections.  To reflect the will of the people rather than a fascist dictatorship of cheating prosecutors’ decisions regarding the establishment of community corrections programs and replacement of officials should be speedily placed on the public ballot in special elections to isolate the heightened need for security on judicial issues. The issues for judging the judiciary are the right of felons to vote, abolition of the death penalty, prison density less than 500 or the goal of 250 per 100,000.  The cruel truth that this judgment reveals is whether or not a jurisdiction is fit for politics, this may or may not extend to the right of their representatives to vote on controversial issues. 

 

It is important to verify the liberty of a geographic region by the performing the calculation

 

100,000 x prison population / total population = prisoners per 100,000

 

ie. 100,000 x 2.2 million / 300 million = 733 prisoners per 100,000

 

11. Results greater than 250 indicate that the judiciary will be problematic.  Any result of more than 500 indicates that the judiciary is virtually incapable of doing any good.  At around 750 the judiciary is not merely invading privacy but has actually seized political power in an iron fist.  At around 1,000 terrorism, not merely guerilla warfare, becomes an issue, for example the capitol city is engaged in an unjust war in Iraq.  These numerical judgments are not true only an important word of caution for reformers.  To reform problem judiciaries locally and at the state level democracy is the best security.  In problem jurisdictions short term limits of not more than a year or two must be enforced for senior judicial and police officers, namely the Sheriff, who do make significant reductions in prison population and crime rate. Community corrections should be placed on the state and local ballots to ensure popular support for the programs.  These programs should greatly reduce the cost of corrections and reduce the crime rate and recidivism by treating the wayward with the respect and dignity they have often never enjoyed.  Paying work programs, such as urban renewal and employment counseling are an important way for these residents to gain self respect and learn a trade with which to lead a crime free life. To promote the development of community corrections programs within the jurisdiction of the Department(s) of Corrections and the Probation and Parole Association it is hoped that the population of correctional employees shall shift from 476,000 corrections officers and 84,000 probation and parole officers in 2002 to 250,000 corrections officers and 300,000 probation and parole officers, most staffing community corrections shelters, as soon as 2010, should movement in the right direction be sustained.  To federally finance this transition the $3.3 billion Justice Assistance Grant program must be transferred from unspecified, treasonous, police programs to community corrections programs so as not to finance armed forces and redress the political problem.   

 

12. Whereas, Washington DC our national capitol city, has the highest concentration of prisoners of any jurisdiction, in the entire world, this judgment regarding problem jurisdictions definitely applies to ineligibility to receive federal funds for any judicial or police function other than community corrections.  The non problematic jurisdictions are expected to invest in unarmed programs of their accord.  When the total number of state, local and federal detainees from a county exceeds 250 prisoners per 100,000 citizens that area must found enough community corrections beds for sentenced prisoners to serve their time on probation or parole in the community corrections system rather than the more expensive alternative of prison or the negligent release of a felony offenders to the street.  The State by State Prison Brief reveals that Texas, Louisiana, and the District of Columbia have the most serious problems with prison population rates over 1,000 prisoners per 100,000 citizens.  Vermont, Maine, Minnesota, and North Dakota, have prison populations less than 250 per 100,000.  

 

USA Prison Population as Reported by the International Centre for Prison Statistics for 30 June 1999 Ranked from most reasonable to densest.

Judicial Failure can be assumed at <50 or >400 prisoners per 100,000 judging from the World Prison Population HA-7-12-05

 

Rank

Correction

Agency

General Population 2003

Total Prison Population

1999

State Prison Population

Local Jail Population

per 100,000

Executions since 1976

No Right to Vote  

Pr(i)son, Pr(o)bation, P(a)role, E(x)-felons

 

US Military

 

 

 

 

 

0 yes

 

 

Federal

290,809,777

173,059

N/a

N/a

58

3

 

1

Vermont

619,107

1,205

N/a

N/a

203

0

 

2

Maine

1,305,728

2,745

1,632

1,113

220

0

 

3

Minnesota

5,059,375

10,765

5,763

5,002

226

0

i, o, a

4

North Dakota

633,837

1,520

932

588

239

0

i

5

Hawaii

1,257,608

3,479

N/a

N/a

291

0

i

6

West Virginia

1,810,354

5,496

3,003

2,493

304

0

i,o,a

7

New Hampshire

1,287,687

3,830

2,238

1,592

320

0

i

8

Rhode Island

1,076,164

3,176

N/a

N/a

321

0 yes

i, o, a

9

Nebraska

1,739,291

5,740

3,551

2,189

344

3

i,o,a

10

Massachusetts

6,433,422

21,796

11,022

10,774

353

0

 

11

Iowa

2,944,062

10,229

7,231

2,998

356

 

i,o,a,x

12

Washington

6,131,445

24,849

14,307

10,542

431

4

i,o,a,x pre 84

13

Utah

2,351,467

9,239

5,215

4,024

433

 

14

Montana

917,621

3,998

2,477

1,521

453

2

i

15

Alaska

648,818

2,837

2,769

68

459

0

i,o,a

16

Oregon

3,559,596

15,425

9,142

6,283

464

2

i

17

Kansas

2,723,507

12,864

8,486

4,378

484

0 yes 

i

18

South Dakota

764,309

3,581

2,517

1,064

485

0 yes 

i

19

Wyoming

501,242

2,338

1,333

1,005

485

i,o,a,x

20

Illinois

12,653,544

61,235

44,355

16,880

506

12 

i

21

Indiana

6,195,643

30,025

17,238

12,787

506

16 

i

22

Connecticut

3,483,372

16,776

N/a

N/a

511

 1

i,o,a

23

Wisconsin

5,472,299

27,218

14,659

12,559

519

 0

i,o,a

24

Colorado

4,550,688

21,043

12,039

9,004

520

 1

i, a

25

Pennsylvania

12,365,455

63,490

36,494

29,996

529

 3

i

26

Idaho

1,366,332

6,634

3,825

2,809

531

 1

i

27

New Jersey

8,638,396

43,777

26,947

16,830

536

 0 yes

i,o,a

28

Kentucky

4,117,827

21,651

11,278

10,373

546

 2

i,o,a,x

29

North Carolina

8,407,248

43,243

29,964

13,279

564

39

i, o, a

30

Ohio

11,435,798

63,444

46,806

16,638

565

19

i

31

New York

19,190,115

104,341

71,020

33,411

574

 0 yes

i,a

32

Arkansas

2,725,714

15,022

10,190

4,832

588

27

i, o, a

33

New Mexico

1,874,614

10,330

5,113

5,217

590

 1

i,o,a,x

34

Missouri

5,704,484

32,300

25,360

6,940

591

66 

i, o, a

35

Michigan

10,079,985

61,882

46,253

15,629

628

 0

i

36

Maryland

5,508,909

33,650

22,705

10,945

650

5

i, o, a, 2nd x

37

Tennessee

5,841,748

35,884

16,324

19,629

655

 1

i,o,a,x pre 86

38

Mississippi

2,881,281

18,416

9,530

8,886

664

 6

i,o,a,x

39

Virginia

7,386,330

48,828

30,593

18,235

713

94

i,o,a,x

40

California

35,484,453

239,206

162,064

77,142

721

 11

i, a

41

Alabama

4,500,752

33,157

21,739

11,418

757

34

i, o, a, x

42

Arizona

5,580,811

36,412

26,092

10,320

761

 22

i, o, a, 2nd x

43

South Carolina

4,147,152

30,000

21,220

8,780

772

 35

i,o,a

44

Nevada

2,241,154

14,057

9,159

4,898

774

11

i,o,a,x

45

Florida

17,019,068

119,679

68,599

51,080

790

60

i,o,a,x

46

Delaware

817,491

5,958

N/a

N/a

792

 14

i,o,a,x

47

Oklahoma

3,511,532

27,926

21,083

6,743

825

79

i, o, a

48

Georgia

8,684,715

74,500

41,665

32,835

956

39

i,o,a

49

Texas

22,118,509

204,110

146,180

57,930

1,014

355

i,o,a,x 2 yr,

50

Louisiana

4,496,334

44,934

19,303

25,631

1,025

 27

i

51

District of Columbia

563,384

8,226

6,573

1,653

1,594

 0

i

 

US Totals 

290,809,777

1,915,525

 

 

724 

1002 as of 6 Dec. 2005

 

 

Sanders, Tony J. Hospitals & Asylums. Chapter 6: Model Rules of Community Corrections. Replacing Freedmen’s Hospital. 30 January 2007. 530-648. 118 pgs. www.title24uscode.org/corrections.doc