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February 25, 2003 Subcommittee of the State-Tribal
Relations Committee Minutes
Posted to SDPSG by Marletta Pacheco
LCR 1 & 2
Tuesday State Capitol
February 25, 2003 Pierre, South Dakota
The subcommittee meeting of the State-Tribal Relations Committee was
called to order by Representative Stanford Adelstein, Chair, at 4:05
p.m., February 25, 2003, in LCR 1 & 2 of the State Capitol, Pierre,
South Dakota.
A quorum was determined with the following members answering the
roll call: Representatives
Stanford Adelstein, Jean Hunhoff, and Paul Valandra. Also present
were 2001-2002 and 2003-2004 committee members: Senators Arnold
Brown, Patricia de Hueck, Gil Koetzle, Michael LaPointe, and Sam
Nachtigal; and Representatives Jim Bradford, Kent Juhnke, and Thomas
Van Norman. Other Legislators in attendance were Senators J. P.
Duniphan and William Earley; and Representatives John Teupel and
Bill Thompson.
Staff members present included Tom Magedanz, Principal Research
Analyst, and Kris Schneider, Legislative Secretary.
(NOTE: For sake of continuity, the following minutes are not
necessarily in chronological order. Also, all referenced documents
are on file with the Master Minutes.)
Overview of the South Dakota Prison System as it Affects Native
Americans
Chair Adelstein stated that the purpose of this meeting was to
discuss issues raised at the November 14-15, 2002, meeting of the
State-Tribal Relations Committee dealing with Native Americans in
the prison system. No additional information would be taken at this
time.
Representative Hunhoff gave a brief report regarding follow-up
medical information of an inmate. She had met with officials from
the Department of Corrections and the Department of Health and
reported that the inmate had received the appropriate care. She
stated the process for notification of family members when an inmate
is being hospitalized had been changed.
Mr. Tim Reisch, Secretary of the Department of Corrections (DOC),
introduced Mr. Doug Weber, Warden at the State Penitentiary, Mr. Bob
Dooley, Warden at Springfield State Prison, and Mr. Dwane Russell,
Warden at the Women's Prison.
Mr. Weber reviewed the Native American activities and opportunities
available to the general population inmates at the State
Penitentiary, including the Jamison Unit and Redfield. He stated
that in January 2003 there were 531 Native Americans in the State
Penitentiary.
Mr. Dooley reviewed the Native American activities and opportunities
available at Springfield. He stated that the opportunities are
pretty much the same as at the State Penitentiary because inmates
are often transferred between the two facilities.
Mr. Russell reviewed the Native American activities and
opportunities available at the Women's Prison. He stated that he has
not turned down any requests by guest speakers to discuss Native
American culture.
Chair Adelstein asked DOC whether the lack of notification of
serious illness has changed since the November 14-15 meeting. Mr.
Weber replied that DOC must be careful with information when inmates
are out of prison. DOC reviewed their notification policy and
implemented changes about four weeks ago for all the adult
facilities. He stated the new policy seems to be going fine. Now, in
the case of a serious illness when an inmate is transferred to a
hospital, DOC makes the initial contact with a family member and
then the doctors and nurses make contact with the family from that
point on.
Representative Hunhoff had further questions about the notification
policy. Mr. Weber replied that they keep a daily log of significant
events and the officer of the day was responsible to log in the
names of hospitalized inmates. The log contains the date, time, and
who was notified. Mr. Weber stated he could check the log.
Representative Bradford asked whether DOC's policy is similar to
policies at the federal level. He went to visit a relative at a pow
wow held in a federal facility but was not allowed to attend even
though his name was on the list of visitors. Mr. Weber responded
that their pow wows are similar to the federal pow wows. They have
two kinds, one is with family members in mind, and the other is for
outside guests.
Representative Van Norman commented that we needed to keep in mind
that these people are going home. He thinks that the inmates feel
that all hope is gone. He asked what we can do to make sure things
are fair in the system and what can be done differently,
particularly regarding administrative segregation. Mr. Weber
responded that the institutions are peaceful and orderly and that
90% of the inmates do not end up in segregation. He said that if you
remove the predator from society and you have the documentation to
show that that person is the troublemaker, using segregation makes
the prison better for the majority of the population. Mr. Weber
stated that as of today out of the 2,780 males statewide, there are
52 inmates in administrative segregation and none in protective
custody. He stated that most inmates want to get on with
rehabilitating themselves.
Representative Van Norman stated that Twylla Turney has started the
Bill Keith Turney Memorial Suicide Prevention Service because of the
impact of her son's suicide on her and her family. She would like
the opportunity to share this information with the inmates free of
charge.
Chair Adelstein asked how many Native Americans are confined in
segregation. Mr. Weber responded that it changes on a daily basis.
On February 24 there were 17 female inmates in disciplinary
segregation (6% African Americans, 35% Native Americans, and 59%
Caucasians). Of the male inmates located in Sioux Falls and
Springfield, there were 158 inmates in disciplinary segregation (3%
African Americans, 34% Native Americans, and 63% Caucasians). There
were no females in administrative segregation. In Sioux Falls there
were 51 males in administrative segregation (6% African Americans,
39% Native Americans, and 55% Caucasians). Mr. Weber explained the
difference between disciplinary and administrative segregation and
the process involved in the hearing.
Senator de Hueck asked whether the report that is prepared and sent
to the Attorney General's office when a suicide occurs is also
provided to the family. Mr. Weber responded that in the case of a
suicide he frequently visits with the family, but he does not
release the report. The report is filed, along with the coroner's
report and the Department of Criminal Investigation's report, with
the Attorney General's office and they determine whether something
was inappropriate.
Senator de Hueck asked what procedures are in place if an inmate
wants a second opinion regarding medical services. Mr. Weber
explained the options and appeals process available to inmates.
Public Testimony
Ms. Marletta Pacheco, Rapid City, spoke regarding several letters
and documents she had received from individuals since the November
14-15 meeting. She stated that a few things had changed for the
better, but some changes were for the worse. She highlighted some of
the complaints and presented the committee with copies of the
letters and documents she had received (Document #1).
Ms. Twylla Turney, Kadoka, testified that her son committed suicide
while held in the Bennett County Jail. She has since developed and
established a suicide prevention hotline (Documents #2 and #3). She
provided copies of three letters, on behalf of the Oglala Sioux
Tribe that they had received, (Documents #4, #5, and #6), stating
Native Americans in jail want to be treated with respect, both for
themselves and their property, and that families want to know when
their loved ones are in trouble. Ms. Turney read "A Mother's Pain"
by Hazel Bonner, which was published in the People's News (Document
#7).
Ms. Jeanne Koster, Watertown, representing the South Dakota Peace
and Justice Center, inquired as to what has been happening with the
Lakota language classes in Sioux Falls. Mr. Weber responded that
classes on Native American culture continues, but that the language
program is not operating. He did not know why the program is not
operating, but he would be in favor of resuming the language
program.
Ms. Nancy Fleming, Rapid City, testified that she has major concerns
with the administrative segregation unit. She stated that there are
eleven Native Americans, two African Americans, and one Caucasian
who have been in administrative segregation for over a year. She is
concerned about due process. These individuals have a reduced chance
for parole because they cannot properly participate in some of the
programs related to parole. She feels that DOC goes overboard on the
safety issue versus constitutional rights. She cited a case in
Wyoming, Skinner v. Uphoff, where an inmate was beaten up by another
inmate, and the federal court ruled that prison officials have a
duty to protect inmates in their custody. She stated that the
correctional officers are more like guards than correctional
officers and that correctional officers have responsibilities in
fostering additional prisoner rehabilitation. She distributed
information regarding her testimony (Document #8).
Ms. Jennifer Ring, representing American Civil Liberties Union of
the Dakotas, testified that she receives a large number of
complaints about the prison system. In reviewing the complaints, she
looks for patterns. She suggested that the committee request
documents from DOC and review them for patterns. Also, the inmates
and families need clear and concise rules. The information needs to
be conveyed at the educational level of the inmates. It is sometimes
not clear what documentation is required for the parole board. Areas
that Ms. Ring felt the committee should look into are: 1) the number
of assaults occurring in the different units; 2) inmate on inmate
assaults by race and action taken by DOC; 3) inmate on staff
assaults; 4) staff on inmate assaults; and 5) surrendering of
property as a disciplinary action. She stated inmates need to know
if property is surrendered, what objects may be lost for a period of
time and can be regained and how the property is handled and who
handles it.
Ms. Belinda F. Joe, Ft. Thompson, testified that she is looking for
solutions. She stated that their way of grieving and language was
taken away from them. Now they must teach the young men how to feel
so they do not go into a rage and end up in prison. It needs to
happen at a grassroots level; the tribal council, Indian Health
Service, and the Legislature need to work together to make this
happen.
Ms. Alexia Deville, Ft. Thompson, questioned why 62% of the Native
American men are in prison. Chair Adelstein responded the committee
does not know why so many are in prison; it is the task of this
committee to deal with the issues after they are sent to prison.
Ms. Mona Rencountre, Ft. Thompson, stated that Ft. Thompson was in
the second poorest county in the United States and they have to deal
with prisoners when they are released. Her nephew, who was convicted
in Day County in 1998, is up for parole in July. He has a 9th grade
education and doesn't understand what he needs to do to prepare for
the parole board. Another concern was that child support payments
mount up while in prison, then the driver's license is taken away
because of back child support, making it difficult for people to
find employment.
Ms. Joy Mesteth-Hethington, Sioux Falls, testified that inmates are
being set up for failure and then they are punished when it happens.
She read two letters that she had written to Mr. Weber regarding
such incidents.
Mr. Elroy L. Wabasha, Sioux Falls, a former inmate who was released
on May 22, 2002, testified about the racism that is occurring in the
prison system. He stated he entered the system in 1977, was released
in 1987, and after committing a second crime in 1988, was sentenced
to fifteen more years.
Representative Valandra asked Mr. Wabasha, "When did the South
Dakota prison system change?" He replied it was with Crow v.
Erickson, after the 1993 riot, and again the last five years.
Representative Van Norman inquired about what the committee could do
to make it better.
Mr. Wabasha stated that the committee should visit the prison and
speak to the inmates directly.
Chair Adelstein asked that Mr. Reisch be provided a copy of Ms.
Fleming's documents and asked that the department provide a written
response to the committee.
Mr. Reisch stated they would review all the handouts and, if given
dates and times of specific examples, would review them also without
repercussions. Regarding the suggestion of a tour of the facilities,
Mr. Reisch stated the committee was welcome; however advance notice
would be necessary.
Senator Koetzle asked what DOC's reaction was to allow the committee
to meet with some inmates to allow them to express their comments.
Mr. Weber responded that they do not have anything to hide. He
suggested during a pow wow would be a good time to visit the
facility. He stated that the inmates are provided names and phone
numbers of legislators and they are encouraged to contact them. Mr.
Weber also stated that he does discipline staff and conducts daily
staff checks.
Chair Adelstein adjourned the meeting at 6:10 p.m.
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