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Indian beadwork not allowed on any property in state prison --
Use of colors said to represent gang affiliation
Posted by Marletta to South Dakota Prisoners Support Group
By Hazel Bonner
PIERRE Laurie Feiler, from the Department of Corrections
administrative office, spoke before the State Tribal Relations
Committee on November 14. She said that medicine pouches were
allowed to be kept in the cell, except in segregation, according to
policies of the South Dakota Department of Corrections.
Committe vice chairman, Representative Stan Adelstein, Rapid City,
said he had received a complaint about a beaded medicine pouch being
taken away from an Indian inmate, and had sent a letter inquiring
about it. Feiler presented a packet of written information to the
committee in which she explained that "Beads are not allowed on any
property items due to use of the colors as gang affiliation."
Feiler presented statistics on Native American population in the
state compared to Native American inmate population. According to
the 2000 United States Census, 8.3 percent of the South Dakota
population is Native American, while 22.3 percent of inmates in the
South Dakota penal system are Native American.
South Dakota had the highest percentage of inmate population that
was Native American, among the six surrounding states. The lowest
was Iowa with 1.8 percnet; followed by Nebraska, 4.9 percent;
Minnesota, 6.6 percent; Wyoming, 6.5 percent; Montana, 17.9 percent
and North Dakota, 18.6 percent.
Feiler presented data in writing about the percentage of Native
American inmates in disciplinary and administrative segregation, in
response to questions from committee members. That data shoed that
33 percent of females in disciplinary segregation at the State
Women's Prison are Native American. The data she presented showed
that 27 percent of males in disciplinary segregation and 42 percent
of males in administrative segregation are Native American.
Marleta Pachecho of the South Dakota Prisoner Support Group says she
believes the percentage of male inmates in segregation that are
Indian is closer to 60 percent. Pachecho presented testimony about
the many compliants she receives from inmates regarding conditions
at the prison, especially in the segregation cells.
INMATE FINANCIAL OBLIGATIONS:
Feiler also presented information to
the Committee regarding disbursement of money in inmate accounts in
accordance with the inmate financial obligations. The first
obligation for inmates who have filed a civil lawsuit regarding
prison conditions is to pay 20 percent of their inmate account each
month for filing fees.
Inmates are considered poor (filing In Forma Pauperis) and used to
be able to file lawsuits without paying a filing fee. In order to
discourage inmate suits, the United States Congress passed the
Prison Litigation Reform Act in 1996. That act requires inmates to
pay filing fees if they have money in an inmate account. The fees
are generally $150.00 for a District Court Case and $105.00 for an
appeal to the Eighth Circuit Court of Appeals.
The second obligation for an inmate is to pay internal fines and
restitution from institutional disciplinary actions. Third, the
inmate has to pay a medical co-payment of $2.00 for each medical
visit.
If court filing fees, and payments to the prison for fines,
restitution and medical co-pay do not drain an account, payments are
made for court ordered child support, court imposed fines,
restititution, and attorney fees. The next deduction is a charge of
$18.00 per day for costs of confinement and costs for placing in a
jail, disciplinary transport, delinquent supervision fees for parole
supervision and extradition costs.
Inmates working in the private sector and on work release pay 13.6
percnet of earnings for Federal Income Taxes and Social Security.
They also pay 30 percent of earnings for costs of incarceration and
payments for victim's compensation, along with the fees listed above
required to be paid by every inmate. If any money remains, six
percent can be disbursed for family support.
ADDITIONAL INFORMATION FROM DOC:
Feiler responded in writing
to a question from a committee member about inmates in segretation
forced to sleep on cement floors without blankets. She said that the
stripped down cells in disciplinary segreataion are part of a
behavior modification program consisting of 4 steps over a 1-2 week
period. She said, "This is used for inmates with continual
destructive behavior and is designed to reward positive behavior
with the return of privileges. Property is severely restricted in
the initial steps of this program."
Feiler informed the committee that there are no longer any inmate
group accounts. Several inmate groups, including Native American
Council of Tribes, Black Inc., and the lifers group, used to have
fundraising accounts within the institution. She said that there is
an outside account for funds for Native American activities managed
by a volunteer.
A spreadsheet showing times for Native American Activities at the
main prison and the Jameson Unit (excluding Unit A, the supermax
segregation unit) showed that Native American Inmates are allowed to
participate in Native American activites approximately 7.25 hours
per week.
Those activities include Native American Church, regular sweats (2
hours per week) and special sweats when there is a death or serious
illness in an inmate's family or when a medicine man is visiting,
making tobacco ties, drum practice, and one pipe ceremony per
week. In addition a four hour pow wow is held four times a year.
According to another spreadsheet Native American inmates are allowed
to have 1 medicine bag, 2 drum sticks, ceremonial drums, tobacco tie
squares, a sacred pipe andbag (pipe carriers only), and tail/wing
feathers of an eagle in their cell. They can keep an eagle bone
whistle, cance regalia, two abelone shells, a bucket and dipper,
woolen blankes and various flags in the chapel. They are allowed to
have a tarp and rocks and firekeeper supplies for the sweat lodge.
Tribal representatives spoke of instances where such property was
not allowed or was taken away from inmates. Many seemed surprised at
the list of activities and property allowed and plan on sharing it
with inmates inside the walls.
Hazel Bonner is a free lance writer who writes from hr home. She can
be reached electronically at hbonpidge1@hotmail.com. Her mailing
address is PO Box 3712, Rapid City, SD, 57709-3712.
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