Inmate-Convict-Felon-Guest?

“What’s in a name?” isn’t a trick question.
It’s a dumpster for opinions. 

Before Andrew Cuomo walked out the door, the 56th Governor of New York signed Senate Bill S3332, amending the language of New York state law to replace all instances of the words “inmate” or “inmates” with the words “incarcerated individual” or “incarcerated individuals.”

Our national dialog on the power of names, be they for sports teams or co-worker pronouns, gave rise to SB S3332 and its approval. To those who wonder what purpose the bill might serve, the idea is to leave no stone unturned in seeking ways to lift negative reinforcement, terminology, and training. And considering how indelibly the American public has been trained to recognize those behind bars, it’s no surprise that some are crying, “Them too? What, they’re guests now?”

As if the premise of recognizing humanity wouldn’t include people who have broken the law.

But yes, widening the front lines of the identity war to include the incarcerated is already goading some into throwing up their hands. “New York lawmakers must have tortillas for brains,” whistles a Law Enforcement Today editorial, “because that’s the only way someone could wrap their mind around this legislation and think it actually is going to somehow make attaining gainful employment and housing easier after someone is released from prison.” The piece goes on to call the legislation dumb and pointless.

Which it might be, if SB S3332’s aim was to make those things easier. Instead it’s an attempt––finally––to limit the countless ways in which we make it unnecessarily harder to prevent recidivism and promote post-incarceration success. The same dismissive article also quotes the text of the bill:

“Studies have shown these terminologies have an inadvertent and adverse impact on individuals’ employment, housing and other communal opportunities.  This can impact one’s transition from incarceration, potential for recidivism, and societal perception. As a result, this bill seeks to correct outdated terminology used to refer to incarcerated individuals.”

Since humanitarian acknowledgement isn’t revoked at sentencing, what’s so objectionable about putting it on paper? When you live in a concrete box, simple gestures are magnified. Encouraging offenders to see their bottom as a bounce is a matter of life-and-death. It’s something that starts with correction’s leadership and lives in the very paperwork of confinement.

Imagine living inside a Department of Motor Vehicles, say, one that’s located inside of a parking structure. If you can picture this, you have a good grasp of what it’s like to live in prison. Forget about having a visitor or buying Chapstick without the right authorization: white, blue or canary. And 20 to 40 times a day, you identify yourself using only your last name and inmate number, a number technically assigned to a case file, not a person. But nobody knows the difference after a while. We’ve gotten used to thinking of inmates as numbers, and the narrowness of this thinking is reinforced with every “Inmate, wait here!” and “Inmate, where’s your permission slip?”

“If you can’t do the time…” yeah-yeah-yeah.

This continual degradation or any of the other downsides to human warehousing is not actually a part of the punishment to which one is sentenced in a courtroom. One is sentenced to a period of confinement and/or time during which one is disqualified from fully participating in society. Everything else––including the dehumanization that we enable by allowing it to persist beyond the perimeter walls––is “bonus justice.” I’ve written about that before here and here, and it’s just as true for names as it is for actions.

What do we civilians know about the soul grinding effects of this genericized use of “inmate,” “felon,” and “convict,” be these “names” spoken or documented in court transcripts, work assignment evaluations, or in the language of social services law, county and general municipal law, civil rights, election, and labor law? It’s long past time we end this bonus justice.

Personally, I favor “adult offender,” because one can stop offending, whereas one can’t stop inmating or feloning. It can be damaging to conflate one’s actions with who they are, and downright damming to assign that misnomer linguistic permanence.

Yet some folks still can’t or won’t see past a name. There will be those who hear about the NY legislation and insist, “They did something wrong: No special treatment for inmates!” These taxpaying geniuses couldn’t care less about how a reduction in denigrating terminology can serve the ultimate goal of redirecting offenders rather than simply recycling them. But if they don’t care what certain names can do to a person, could they grasp what their continued use will do?

Because:

-They will reduce self-direction, until “follow the yellow line to the showers” becomes the only way to live.
-They will reduce self-image to the point where scoring oneself a roll of toilet paper (or a fix) = a good day.
-They will reduce self-esteem in such a way that it can only be regenerated via prison codes and philosophy.
-They will reduce a need for self-expression and replace it with a need to enforce. 

The question is, then, are we so unwilling to let go of our preconceived ideas of what others “deserve” that we’re ok with such a cost?

“I confused things with their names: that is belief.” 
  ––Jean-Paul Sartre, The Words

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In Each Other’s Shoes

Walking in each other’s shoes is not about how you would feel dealing with their circumstances. It’s about seeing how the other person feels dealing with their own circumstances.

Inmates and guards betray their respective roles more often than one might imagine, and more often than custody comportment will allow either to admit.

In fact, even aside from 12-step support stuff, so-called emotional safes zones do exist on maximum security prison yards. They feel as odd as they are accidental, and God help the fool who utters a phrase like “emotional safe zone” out loud.

Capitalizing on this all too human need to be heard and understood is a program modeled on the Inside-Out Prison Exchange Program, which places college students in classrooms with inmates for semester-long, full-credit courses. Today more than 150 institutions of higher education have successfully sponsored courses in more than 200 correctional institutions. Even more notable, since 2016, Police Training Inside-Out (PTI-O) has been explored as a way to better train cops

A partnership between Duquesne University (and founder Norman Conti), the Pittsburgh Bureau of Police, and the Pennsylvania Department of Corrections, PTI-O was designed to bring cadets and cons together once a week in an academic seminar held behind prison walls. The idea was to supplement traditional police academy training with a way for law enforcement officers to develop a more nuanced professional vision than “us versus them.” Based on the depth of the interaction, a similar mindset shift is expected to occur among participating inmates as well.

During my own incarceration, one particular Corrections Officer worked our unit’s lonely “lights out shift” quite frequently. He was a schlub who basically listened to the fellas snore, pray, and turn the pages of books. The warning about him went, “Pretend you’re asleep when Officer X does his rounds: that dude’ll talk your ear off.”

Guys shuffling to and from the toilets during the night would report his conversations with various inmates, but it was less a matter of, “What’s that rat-snitch blabbing to the badge about?” and more, “Ha! That dummy forgot to tip-toe!” I was that dummy once or twice myself. Returning from the can, I’d been waved over to his desk, only to endure mindless blather about his crappy vacation or doc-ordered dietary changes.

And this guy wasn’t alone. I encountered or heard about several prison guards who took psychic hostages this way, though most of us were at least begrudgingly charitable. They’d roll their eyes when we talked about our big post-custody plans, and we’d roll our eyes when they trotted out the obligatory (though likely part-true): “Believe me: I could just as well have wound up in your shoes.” Never mind the similarities of our breathing the same prison air, burying much of the same PTSD, or the burdens of secrets and stereotypes.

There was relief and humanity found in such truces, and I know many of the men on both sides of those exchanges felt it. Sometimes those fleeting moments –mundane as they may have been– were even slightly charming. But the very best were the exchanges in which we got into each other’s heads just a little, and then disclosed our findings.

For a few days I repeatedly dropped, “The sergeant with the missing finger told me how he lost it!” I hadn’t been the only person he told, but for a minute I proudly thought otherwise.

A typical PTI-O class puts police and inmates in small groups, discussing questions like: “What are prisons for?”; “Why do people commit crimes?”; “What are some things that prisons do well/poorly?”; and “What would you say to the assertion that prisons are now our country’s principal government program for the poor?”

Conti, the program’s founder, says he still deals with reluctance on both sides. To get them to sign up, some inmates have to be reminded that it’s better for their communities back home to deal with a cop who knows how to do more than divide the world into “citizens” and “predators.”

On all fronts, the police training version of Inside-Out represents cutting edge criminal justice reform and offers a true hand in reversing mass incarceration. It validates a small but valuable prison souvenir/takeaway of my own: “Sometimes you have to get in the box to think outside of it.”

Check out Officer Training Behind Prison Walls to learn more about how the program works. Maybe bring it up to cop you know and see if they roll their eyes.

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On Bonus Justice

The national dialog on prison reform exists on a steep, 30° hill. Engaging a public taught by film and television to recognize life behind bars only as rape, riots and rotten food makes it a difficult climb.

Once started, the conversation is always in danger of sliding downward into, “Well, they should have thought of that before they went to prison.” And this, in itself, is a trained reaction. It’s an octopus arm of what I’ve long defined as “bonus justice.”

Some maintain that prisoners, while serving their time, shouldn’t be allowed to vote. I disagree, but regardless of where one sides in that debate, the continued denial of voting rights for parolees and ex-felons –– in some cases for life –– is inarguably bonus justice.

A prison guard inventing infractions to punish an unwelcome or shunned inmate is another good example. So, too, are the actions of jailers who believe they’ve been called upon to represent the public interest through the spirit of vengeance

“Justice is for the courtroom,” inmates often remind their keepers, and they’re right. Still, show me a corrections professional and I’ll show you someone forced to navigate the ideations of state-sponsored payback on an inhuman level.

It’s one thing to lean on the mantra, “If you can’t do the time, don’t do the crime.” But frontline custody personnel who take bribes or embolden gang values while making statements like, “He should’a thought of that before he got sent to my Yard” –– ?

Yep, bonus justice.

But maybe that’s too cliché. Fine. Say your boozy cousin gets 18 months for his fifth DUI and winds up in a minimum security facility, the one with the cow fence around it. Score, right? No gang warfare in his future. He might even earn himself a welder’s certification. But he’s incarcerated during one of California prisons’ recurring outbreaks of Valley Fever. On laundry day, he’s handed an infected pillow case. With the state’s (very) long history of failing to provide even minimal constitutional levels of healthcare in its prisons, his illness can be viewed as bonus justice. 


Or how about an assigned caseworker administratively burdening an offender whose crime is personally disagreeable? What about a Watch Commander who protects, rather than questions, facility practices that steer certain ethnicities toward or away from favored work assignments? Bonus justice is right there for all to see, but it’s often obscured by conditioning, casual neglect, and indifference. 

Interested in seeing if you yourself are as un-progressive as all that?

Read Los Angeles Times investigative reporter Kiera Feldman’s harrowing front page account of what the March-to-May pandemic period was like for female inmates forced to make 3,500 masks per week, many of whom were prohibited from wearing one themselves.

And as you’re reading, if at any point did you decide, “They should have thought of that before…,” take note of it.

Because despite my own former incarceration, this learned, punitive, and bitter convention flashed itself at me as well. And while it may be an uphill climb, we can ––in fact we must–– be better than bonus justice.

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