Hospitals & Asylums
Judicial Delinquency (JD)
To Amend Chapter 6 Freedmen’s Hospital, to enforce a legal
limit of 250 prisoners per 100,000 residents, to create an SSI financed halfway
house system of renters to achieve the legal limit over 10 years at a cost of $1.3
billion (2012) or up to 7.7% of SSI program costs, to transfer the entire
federal Justice Assistance Grant (JAG) and other extra-jurisdictional judicial
financing to community corrections programs, to purchase 59,000 halfway houses
from foreclosure auctions over 10 years, retrain 207,090 trained, full-time
parole and probation officers and social workers, ratify the Optional Protocol
to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, to pass a Human Rights Amendment and 10 Year Community
Based Corrections Equality Plan Amendment to Civil Rights Statute.
Be the
Democratic and Republican (DR) prison party be dissolved, Referred to the
American Probation and Parole Association
1st
Draft 2004 & 2005, 2nd 31 January 2006, 3rd 30
January 2007, 4th 7 August 2007, 5th 31 January 2008, 6th
25 January 2009, 7th 16 August 2011
1.This Halfway House Act replaces
the repealed sections of Freedmen’s Hospital 24USC(6)§261-270. 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. 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.
2. The US prison population
quintupled between 1980 and 2000. 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. 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. The US prison population comprised
24% of the 9 million global prison population although the general US
population of 300 million is only 4.5% of the world’s 6.6 billion population.
3. The US has the
densest concentration of prisoners in the world with an average of 756
prisoners per 100,000 citizens as of year end 2007. The Russian
Federation is the second with 629 prisoners per 100,000. As the result of
the large number of people still detained from the genocide of 1994 Rwanda is
third with 604 prisoners per 100,000. The US has the highest prison
population in the world with 2,293,157
people behind bars. China, the world’s most
populated country, and second largest prison population detained 1,565,771
as of 6 December 2007. 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. 1
million is good goal. Certain states saw more significant changes in
prison population in 2006. 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. The State by State Prison Brief
reveals that Texas, and Louisiana, have the most serious problems with prison population rates
over 1,000 prisoners per 100,000 citizens. Maine is the only State to have a
prison population less than 300 per 100,000.
4. Whereas liberating
such a large number of people to community corrections programs and halfway
houses safely can only be accomplished with the undivided co-operation of the
state and federal government, it is proposed in §41 of Chapter 2 to pass a
Justice of the Peace Amendment to the US Constitution. As it applies to
community corrections the amendment states, “Section 6 States shall probate and parole criminal offenders
to halfway houses and equal employment opportunity programs to safely and
sustain ably meet international minimum standards of detention under the 8th
and 14th Amendments”. Two other Congressional Amendments of Civil Rights
Statute in the United States Code are proposed in this Chapter at §270B-1 Human
Rights Amendment and §270B-2 10 Year Community
Based Corrections Equality Plan Amendment. The Human Rights Amendment
will help to integrate the Committees of the Human Rights Council into the
system of institutions safeguarding our liberty and set the stage for the
abolition of the death penalty, optional protocol against torture, and equality
of women through the ratification of human rights Protocols. The 10 Year
Community Based Corrections Equality Plan Amendment cuts the prison population
in half to less than 1 million in 10 years so that there would be 100,000 fewer
prison and 100,000 more halfway house beds every year until the nation had
approached the legal limit of 250 prisoners per 100,000. Politicians from
jurisdictions over the legal limit of 250 prisoners per 100,000 citizens shall
not be permitted to run for high office in the federal or state government
unless they make substantial progress on this mathematically quantifiable gauge
of liberty without jeopardizing the security of their citizens.
5. It is imperative that the United States ratify the Optional
Protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment of 4 February 2003 to establish a system of regular
visits undertaken by independent international and national bodies to places
where people are deprived of their liberty, in order to prevent torture and
other cruel, inhuman or degrading treatment or punishment. The Human
Rights Watch Sentencing Project Summary of Losing the Rights to Vote: The
Impact of Felony Disenfranchisement in the United States reports, the expansion
of suffrage to all sectors of the population is one of the United States’ most
important political triumphs. Once the privilege of wealthy white men, the vote
is now a basic right held as well by the poor and working classes, racial
minorities, women and young adults. Four states (Maine, Massachusetts,
Utah, Vermont) do not disenfranchise convicted felons. In forty-six states and
the District of Columbia, criminal disenfranchisement laws deny the vote to all
convicted adults in prison. Thirty-two states also disenfranchise felons on
parole; twenty-nine disenfranchise those on probation. And, due to laws that
may be unique in the world, in fourteen states even ex-offenders who have fully
served their sentences remain barred for life from voting.
6. To improve regulation
states must account for both state prison and county jail populations so that
numerical goals for state prison population reduction can be enforced.
Community corrections should be placed on the state and local ballots where it
is needed 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. 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. 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, redress the prison
problem and create a model community correction program.
Concentration of
prisoners per 100,000 citizens
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
7. When the total number
of state, local and federal detainees from a county or any other geographic
region, exceeds 250 prisoners per 100,000 citizens that area must found enough
halfway beds for the more harmless sentenced prisoners to serve their time on
probation or parole in the community corrections system to reduce the prison
population below the acceptable legal limit of 250 prisoners per 100,000.
The state and federal governments must make it very clear, in their language,
in their actions, and their finance, that they require a normal rate of
incarceration and to achieve such a goal safely there is no alternative to the
halfway house. Community corrections costs only around $5,000 a year, per
capita, while incarceration costs $25,000. These individuals would then be
free to participate in the labor market and the United States would not only
fulfill the promise that America is the land of the free, but would earn tax
revenues. We will have to be careful to reinvest with the consent of the
governed and co-operation with the local democracy. Ideally residents
would be informed of new halfway houses in their neighborhood and given the
opportunity to express their grievances and vote to accept or reject the
proposal.
8. To achieve the goal
of 250 detainees per 100,000 residents it is estimated that a total of 1.5 million prisoners would need to be released to 57,985
halfway houses, with an average of 25 beds. To sustain a level of
staffing of one per seven for twenty four hours a day supervision, it can be
calculated that there is demand for 207,090 trained, full-time parole and
probation officers and social workers to staff these new halfway houses.
For a nation of 300 million this should not be hard to absorb. State Sherriff's auctions should be able to provide real
estate at no or little cost for use as non-profit halfway houses. Staff,
utilities and taxes could be afforded with the deduction of $500 a month from
mentally or physically disabled Social Security beneficiaries making no less
than $700, , or more if they made significant contributions. Released
prisoners would also be eligible for $170 or so in food stamps. Making $400-$500
a month per resident a supervised halfway house/group home could earn
$2,000-$2,500 a month caring for 5 residents. As apartment buildings are
in demand and small and medium size homes are foreclosed left and right it
would probably be easier to get smaller homes of two to four bedrooms, for free
from Sheriff's auctions, or purchased with back pay and pay for professional
supervision corporations in lieu of rent, in an ad hoc $400-$500 fashion.
An S corporation of three to five could provide 24-hour supervision to halfway
houses with 10-25 residents, and command taxable incomes of $2,500 a month,
work reasonable hours and afford their own home, with profits from $12,500 a
month, with which to pay the mortgage, bills and insurance.
9. Edmund G. Brown Jr. Governor of
California, et al v. Marciana & Plata et al No. 09–1233 of May 23, 2011 is a demonstration
project for establishing an SSI financed halfway house system around the nation. California’s medical marijuana laws may help
to ease the transition and many released offenders will be able to enjoy life,
without hard drugs, or breaking the law.
The cost of settling
40,000 detainees released from California is estimated to be $28 million a
month or $336 million a year. If this
program were implemented nationwide in one year it would cost SSI an estimated
$12.6-$13 billion at the $700 a month rate.
However if done slowly, over the course of a decade, would cost only
$1.3 billion in extra SSI costs annually.
With 1.1 million applications approved out of 2.4 million applications
and 7.7 million SSI beneficiaries in 2010 expedited benefits for released
detainees would only increase costs about 7% if done gradually or 26% if all
drug offenders and non-dangerous offenders were released all at once
State by State Detention and Need for SSI
Financing of Community Corrections 30.6.2005
|
Correction Agency |
Total
Prison Pop. in 2005 |
State
Prison Pop. |
Local
Jail Population |
per
00,000 |
Estimated Need for Community Beds/Houses |
Estimated Cost to SSI $700 mo./ $8,400 year (Millions) |
|
|
US Military |
25,000 |
|
|
|
0
yes |
|
|
|
179,220 |
N/a |
N/a |
58 |
3 |
|
|
|
|
40,561 |
25,418 |
15,143 |
890 |
34 |
29,168/1,167 |
20.4/245 |
|
|
4,678 |
4,613 |
65 |
705 |
0 |
3,019/120 |
2.1/25.2 |
|
|
47,974 |
32,495 |
15,479 |
808 |
22 |
33,131/1,325 |
23.2/278.3 |
|
|
18,693 |
12,568 |
6,125 |
673 |
27 |
11,749/470 |
8.3/99.1 |
|
|
246,317 |
164,179 |
82,138 |
682 |
11 |
156,025/6,241 |
109.2/1,310.4 |
|
|
33,955 |
20,317 |
13,638 |
728 |
1 |
22,295/892 |
15.6/187.3 |
|
|
19,087 |
N/a |
N/a |
544 |
1 |
10,315/413 |
7.2/86.6 |
|
|
6,916 |
N/a |
N/a |
820 |
14 |
4,808/192 |
3.4/40.3 |
|
|
3,552 |
N/a |
N/a |
645 |
0 |
2,175/87 |
1.5/18.3 |
|
|
148,521 |
84,901 |
63,620 |
835 |
60 |
104,054/4,162 |
72.9/874.4 |
|
|
92,647 |
47,682 |
44,965 |
1,021 |
39 |
69,962/2,799 |
48.9/587.2 |
|
|
5,705 |
N/a |
N/a |
447 |
0 |
2,614/101 |
1.8/21.8 |
|
|
11,206 |
7,419 |
3,787 |
784 |
1 |
7,633/305 |
5.3/64.1 |
|
|
64,735 |
44,669 |
20,066 |
507 |
12 |
32,814/1,313 |
23/275.5 |
|
|
39,959 |
22,392 |
17,567 |
637 |
16 |
24,277/971 |
17/204 |
|
|
12,215 |
8,578 |
3,637 |
412 |
0 |
4,803/192 |
3.4/40.3 |
|
|
15,972 |
9,068 |
6,904 |
582 |
0
yes |
9,111/365 |
6.4/76.4 |
|
|
30,034 |
13,273 |
16,761 |
720 |
2 |
19,605/784 |
13.7/164.6 |
|
|
51,458 |
19,591 |
31,867 |
1,138 |
27 |
40,154/1,606 |
28.1/337.7 |
|
|
3,608 |
2,063 |
1,545 |
273 |
0 |
303/12 |
0.2/2.4 |
|
|
35,601 |
23,215 |
12,386 |
636 |
5 |
21,606/864 |
15.1/181.2 |
|
|
22,778 |
10,159 |
12,619 |
356 |
0 |
6,782/271 |
4.8/57.1 |
|
|
67,132 |
49,014 |
18,118 |
663 |
0 |
41,818/1,673 |
33.2/398.4 |
|
|
15,422 |
8,399 |
7,023 |
300 |
0 |
2,570/102 |
1.8/21.8 |
|
|
27,902 |
16,480 |
11,422 |
955 |
6 |
20,597/824 |
14.4/172.8 |
|
|
41,461 |
31,000 |
10,461 |
715 |
66 |
26,964/1,079 |
18.8/226 |
|
|
4,923 |
2,658 |
2,265 |
526 |
2 |
2,583/103 |
1.8/21.8 |
|
|
7,406 |
4,308 |
3,098 |
421 |
3 |
3,008/120 |
2.1/25.2 |
|
|
18,265 |
11,155 |
7,110 |
756 |
11 |
12,225/489 |
8.5/102.5 |
|
|
4,184 |
2,456 |
1,728 |
319 |
0 |
905/36 |
0.6/7.6 |
|
|
46,411 |
28,790 |
17,621 |
532 |
0
yes |
24,601/984 |
17.2/206.6 |
|
|
15,081 |
6,567 |
8,514 |
782 |
1 |
10,260/410 |
7.2/86.2 |
|
|
92,769 |
63,234 |
29,535 |
482 |
0
yes |
44,652/1,786 |
31.3/375.5 |
|
|
53,854 |
36,683 |
17,171 |
620 |
39 |
32,139/1,286 |
22.5/269.6 |
|
|
2,288 |
1,344 |
944 |
359 |
0 |
695/28 |
0.5/5.8 |
|
|
65,123 |
44,270 |
19,853 |
559 |
19 |
35,998/1,440 |
25.2/302.4 |
|
|
32,593 |
23,008 |
9,585 |
919 |
79 |
23,727/949 |
16.6/199.3 |
|
|
19,318 |
12,769 |
6,549 |
531 |
2 |
10,223/409 |
7.2/85.9 |
|
|
75,507 |
41,052 |
34,455 |
607 |
3 |
44,409/1,776 |
31.1/373 |
|
|
3,364 |
N/a |
N/a |
313 |
0 yes |
677/27 |
0.47/5.7 |
|
|
35,298 |
23,072 |
12,226 |
830 |
35 |
24,666/987 |
17.3/207.2 |
|
|
4,827 |
3,395 |
1,432 |
622 |
0
yes |
2,887/115 |
2/24 |
|
|
43,678 |
19,445 |
24,233 |
732 |
1 |
28,761/1,150 |
20.1/241.9 |
|
|
223,195 |
156,661 |
66,534 |
976 |
355 |
166,024/6,641 |
116.2/1,394 |
|
|
11,514 |
4,775 |
6,739 |
466 |
6 |
5,337/214 |
3.7/44.8 |
|
|
1,975 |
N/a |
N/a |
317 |
0 |
417/17 |
0.3/3.5 |
|
|
57,444 |
31,020 |
26,424 |
759 |
94 |
38,523/1,541 |
26.9/322.8 |
|
|
29,225 |
16,532 |
12,693 |
465 |
4 |
13,512/541 |
9.5/114 |
|
|
8,043 |
3,966 |
4,077 |
443 |
0 |
3,504/140 |
2.5/29.4 |
|
|
36,154 |
21,850 |
14,304 |
653 |
0 |
22,313/893 |
15.6/187.4 |
|
|
3,515 |
1,964 |
1,551 |
690 |
1 |
2,242/90 |
1.6/18.8 |
|
|
US
Totals |
2,193,798 |
1,259,905 |
747,529 |
737 |
1002
as of |
1,449,633/ 57,985 |
1,050/12,600 |
10. Released
prisoners who meet guidelines pertaining to income of less than $674 a month
and resource guidelines of less than $2,000 must be either given the paperwork
to file for SSI or be automatically filed.
Because of the medical negligence evident in California prisons the
burden of proving disability shall be lightened to show that they have been
unable to earn a substantial gainful income outside of prison for a period of
12 months. Release will be conducted in
an orderly fashion and corrections officers will expedite applications for SSI
in their monthly reports to the Social Security Administration under Sec. 1611 of Title XVI of the Social Security Act 42USC(7)XVI§1382 (E)(1)(H)(I)(i)(I) when the date of release has been finally determined. The majority of prisoners should receive SSI
the first month they are released. This
time the U.S. will be fair, the U.S. will pay benefits, in return persons
receiving benefits will uphold the law and abide by the terms of probation
imposed upon their release under 18USC(227)§3563.
Sanders, Tony J. Halfway House.
Chapter 6. Hospitals & Asylums. 25 January 2009. www.title24uscode.org/JD.doc
Test questions www.title24uscode.org/jdtest.doc