NV-CURE (Citizens United for the Rehabilitation of Errants) 540 E. St. Louis Avenue Las Vegas, NV 89104

702.347.1731(PRE-PAID) website: nevadacure.org email: [email protected]

“STRUGGLE IN SOLIDARITY” “The cruelest tyranny is practiced behind the shield of law and order”

INFORMATIONAL BULLETIN NEWSLETTER March 2016

No.16 probationers for use in traveling throughout their respective cities to find housing, jobs and other necessities. NV-CURE will donate the majority of these bus passes to the Nevada Department of Parole and Probation (P&P) to disseminate to these indigent people. P&P is in a better position to determine the indigence of these people and has day to day contact with the people in need. We are working with P&P to help these people reintegrate into our society. Again, a big Thank You to RTC Las Vegas and RTC Washoe for their generosity in this matter and also a big thank you to Nevada P&P for their help with this program.

Breaking News – Prison Phone Rates A federal appeals court in Washington D.C. issued an order on 3/7/16 putting on hold the new FCC caps on prison phone rates. The Court wants briefing and a hearing before making a ruling on the validity of the caps. We will keep you posted on the results. Let us know whether the NDOC has, or intends, to reduce their rates.

NV-CURE Meeting With NDOC Director NV-CURE currently has no new meeting with the NDOC Director scheduled. We are waiting for Governor Sandoval to appoint the new Director of the NDOC. Once a new Director is appointed, we will attempt to schedule a meeting with the new NDOC Director to discuss issues of concern to all of us concerning NDOC operations.

No Confidential Attorney Client Calls in Nevada As previously reported, the U.S. Court of Appeals for the Ninth Circuit on December 24, 2015, issued an unpublished opinion reversing the decision of the U.S. District Court for the District of Nevada, Judge Robert Jones presiding, granting summary judgment to various NDOC Defendants on Plaintiff th Witherow’s 4 Amendment illegal search and seizure claims for the interception and monitoring of Witherow’s confidential attorney/client telephone calls and reversing the granting of summary judgment to the grievance responders on his claims against them for their failure to intervene. The case was remanded back to the District Court for further proceedings. In a recent development, Chief U.S. District Court Judge Robert Clive Jones, allegedly the most reversed judge in the USA, without conducting further summary judgment briefing, without hearing the arguments of the parties and without conducting a hearing, on 2/17/16 issued an Order (Doc. #365) in which he conducted his own Turner evaluation of

Big Thank You To RTC NV-CURE extends a BIG THANK YOU to RTC Las Vegas and to RTC Washoe for their grant and donation of one-day bus passes for the NV-CURE Prisoner Release Program. The RTC Las Vegas has approved the NV-CURE Grant Application for 500 one-day bus passes and the RTC Washoe, Commissioner Ron Smith has authorized the NV-CURE application for one-day bus passes for $500.00 for our Prisoner Release Program. This means that NV-CURE has 600 one day bus passes for our Prisoner Release Program. We in turn will donate these bus passes to newly released indigent prisoners and new

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Witherow’s 4 Amendment claim and dismissed the case. Judge Jones made it clear that NDOC officials could intercept, monitor and re-monitor prisoner telecommunications with th their attorneys without violating the 4 Amendment rights of the parties involved. This decision clearly establishes that, in Nevada, NDOC employees may secretly intercept and listen to prisoner telephone conversations with their attorneys without violating the law. BE FULLY AWARE, there are no confidential attorney client telephone calls for prisoners in the State of Nevada. A Notice of Appeal from the decision of Judge Robert Clive Jones will be filed.

handle the job and he will be on the job this coming week and for the foreseeable future. Additionally, we are scrambling to find people to respond to the letters we receive. We receive 10-20 letters per week from prisoners and we would like to answer them all. However, it is a time consuming job and it is difficult to find people to respond to these letters in a timely manner. We are working on finding the right people to handle this job. We hope to be caught up in the very near future. Not all letters to NV-CURE will receive a response. If you become a Member of NV-CURE, we will add you to our mailing list. That will be our response rather than sending a confirmation letter. If you send documents regarding a complaint against some aspect of the NDOC, we will log your letter and documents and disseminate as deemed appropriate. If there is no specific request for additional information or action, the logging will be our response. We are going to try to minimize the time and expense required for responses. We will continue to try to respond to your questions and requests. Know that all of your letters and information is appreciated and we thank you for your efforts in the struggle to bring justice and fairness to all.

Information on Chief Judge Reversals NV-CURE is requesting information on any and all th reversals by the 9 Circuit Court of Appeals of any and all decisions by U.S. District Court Chief Judge Robert Clive Jones or of any decisions that chastise Judge Jones for his conduct and/or comments. Please send a copy of any such decisions or the citation to those decisions to the Office of NV-CURE. It has been alleged that Judge Jones has been reversed more times by th the 9 Circuit Court of Appeals than any other judge in the Circuit. We would like to investigate the facts concerning that allegation. Any assistance you may be able to provide would be sincerely appreciated.

Hep C Class Action Lawsuit Update By: Alexis Plunkett

The following is an update by Attorney Alexis Plunkett on the status of the class action lawsuit for prisoners infected with the hep C virus. Please remember the danger of “retaliation” in Nevada against anyone that dares to challenge the conduct of NDOC officials when you read the following. “Due to circumstances beyond my control, I do not currently have the time or finances to immediately proceed with a Hepatitis C class action lawsuit as originally contemplated. This is a very sad decision for me, and this lawsuit is something I hope to revisit in the future under different conditions. Despite this, I encourage anyone who thinks he or she is HCV-positive to request testing as soon as possible. In your request, please include any and all reasons you believe you may be infected (known exposure, medical problems, etc.). If you are HCV-positive, please request the new cure immediately, even if you have requested the old treatments in the past (such as Interferon). If you are denied treatment, please exhaust the grievance process and consider filing a pro se lawsuit for now. As a reminder, Interferon is a dangerous medication that is no longer used for HCV treatment. On June 29, 2015, the HCV Guidance Panel announced that only the new, nonInterferon "breakthrough" DAA drugs were the undisputed HCV medical treatment community standard-of-care (thus eliminating any use of Interferon). Further, the December 11, 2015 HCV Guidance Panel medical treatment community standard of professional medical care also requires that every HCV-positive patient receive the new cure as soon as possible. The immediate treatment is recommended no matter what level of infection the patient presents or the degree of damage to the body caused by the infection. The internationally recognized medical standard of care governing

NV-CURE Resource Guide Available NV-CURE Director Chris Raimonda has written a Resource Guide for the use of Nevada prisoners preparing for release from prison. The guide contains information that will help prisoners with their reentry into our society and gives important tips on preparing for release. The most important fact is that all prisoners preparing for release need to acquire their birth certificate and social security card. Without those documents prisoners will be at a severe disadvantage and will not be able to obtain other documents needed to acquire proper identification and entry into or help from other agencies. We hope this Resource Guide will help with your joining us in the community. Any prisoner preparing for release or any prisoner that is a member of the institution IAC may write NV-CURE for a copy of our Resource Guide. Please, only request this Resource Guide if you actually need it. Our budget for this guide is nill and we are only able to provide because of donations from our members and supporters. Thank you.

Prisoner Mail to NV-CURE NV-CURE is currently unable to answer all mail from prisoners in a timely manner. We have encountered some difficulties. Our volunteer mail scanner, Diana, has recently accepted a new job in Reno and is unable to continue with scanning all incoming mail and forwarding the scanned copies for dissemination for response. Her replacement was injured after one week on the job and is no longer able to continue. We now have a new person, William, who has volunteered to

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all medical doctors treating HCV-positive patients (including prison physicians) requires that all HCV-positive patients must be prescribed the most current DAA non-Interferon drugs at the first sign of infection, irrespective of infection level. These standards are not a matter of individual opinion or individual medical judgment. As such, whether to ration DAA drugs to HCV-positive patients based on degree of damage caused by HCV or because of resource availability is not a medical decision. Your doctor should prescribe the new HCV cure if you test positive for the disease--end of story. Again, I hope to revisit the possibility of a class action lawsuit in the future.” NOTE: NV-CURE is currently trying to locate another Nevada attorney interested in being local counsel on this case or working with Attorney Plunkett on this case. We sincerely apologize to all prisoners for the delay in filing this class action lawsuit and the hope NV-CURE has built up for those infected. We will not abandon you and we will continue our efforts on your behalf and try to find local counsel willing to become involved.

and rules that are not fully understood by them. Current procedures and case law require prison officials to publish regulations and rules in Spanish when those prison officials incarcerate persons that only know and understand Spanish as their first language. If you or someone you know speaks Spanish as a first language and does not fully know or understand the English versions of ARs, Ops, or IPs and would like to see all of those ARs, Ops, and IPs published in Spanish, please write NV-CURE a short letter (in English or Spanish) advising us of that fact. Be sure to include the foregoing highlighted facts in your letter. NV-CURE has found an attorney in Nevada that is interested in filing a class action lawsuit on your behalf to require the NDOC to publish all ARs, OPs and IPs in Spanish. This will only happen if there is enough interest by prisoners that speak Spanish as a first language in this matter. Write your letter to NV-CURE today and we will forward a copy of your letter to the attorney interested in helping you with this matter.

Spanish Edition of Newsletter NV-CURE intended to try to publish a copy of our Newsletter in Spanish. Regretfully, we have not received the responses we anticipated for a Spanish Edition. We only have a few people that have expressed an interest in a Spanish Edition of the Newsletter. Therefore, for the time being, we will not be publishing a Spanish Edition. Should there be more interest in the future, we will reconsider the issue.

Legislative Coordinator Needed NV-CURE needs your HELP in finding a Legislative Coordinator. This position was previously held by Flo Jones, who has retired from the position and our Board of Directors. Finding a replacement for her tireless and knowledgeable activities is proving to be a difficult job. If you or someone you know is interested in meeting and working with Legislators and the ACAJ to make constructive changes to the prison and parole systems in Nevada, please contact me as soon as possible by email or telephone. We desperately need help. The job entails, but is not limited to, coordinating the activities of NV-CURE with our Legislators, the people appointed to the ACAJ and people working for the NDOC and Department of Parole and Probation. The person will need to know and understand the positions of NV-CURE on issues, attend NVCURE meetings every month, contact and communicate with persons to advance the issues we support, make presentations of our issues to people that may advances our issues and testify before the ACAJ and Legislature if and when necessary. This person will be an integral part of NV-CURE advocacy on behalf of prisoners.

Good Time Deductions From Sentence By Frederick Vonseydewit

The following is an “edited” version of a “Press Release” issued by NDOC Prisoner Frederick VonSeydewitz regarding his pro se litigation and the 20 days of good time per month to which he is entitled to have deducted from the minimum and maximum terms of his sentence by the NDOC. To fully understand the decision, you will need to read it. A copy of the June 24, 2015, Order of Reversal and Remand may be obtained by writing to the NV Supreme Court Clerk, 201 S. Carson St., Ste. 201, Carson City, NV 89701. You may be entitled to further good time deductions from your sentence. Edited Version: “The Nevada Attorney General has lost his final appeal in VonSeydewitz v. LeGrand, NSC Appeal No. 66159. On February 19, 2016 all seven Nevada Supreme Court Justices denied the AG’s request for en banc reconsideration. Before Vonseydewitz v. LeGrand, Nevada inmates convicted of Category B felonies, (including sexual and/or violent offenses) were told they were not eligible for statutory good time to be credited to their minimum sentences. Whether by carelessness or through design, it turns out the NDOC position was wrong! For years, the NDOC has misapplied AB510 to effectively block earned early release credits to the vast majority of category A and B violent or sexual offenders. But on June 24, 2015, the Nevada Supreme Court ruled this was an error. In fact, the plain and clear language of NRS

Spanish As A First Language and NDOC Translation of ARs, Ops and IPs in Spanish NV-CURE is interested in determining whether prisoners that speak Spanish as their first language are interested in requiring the NDOC to publish their Administrative Regulations (ARs), Operational Procedures (Ops) and Institutional Policies (IPs) in Spanish. We believe it is unfair to require a person that speaks Spanish as a first language to comply with regulations and rules written in English. The Spanish first language person may not fully understand or comprehend the English version of those regulations and rules and should not be disciplined for failure to follow regulations

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209.4465(7)(b), pre 2007, does not preclude credit application to the minimum terms for the majority of these inmates. In its Order, the Court found that: 1) AB510 was enacted in 2007 (therefore it cannot apply to offenses pre2007); and, (2) each offender, between July 17, 1997 and June 30, 2007 is entitled to application of his or her stat time to his or her parole eligibility (Category A offenses that specifically state “a minimum sentence that must be served before a person becomes eligible for parole “are not included in this ruling). All B, C, D, E and Attempts to Commit A felonies are affected. See Frederick VonSeydewitz v. Warden Robert LeGrand No. 66159, June 24, 2015 for complete information and ruling.

"Testing and treatment will lead to better public health outcomes, saving taxpayer dollars in the long-term," Morris Peters, a spokesman for the state's budget division. Gov. Andrew Cuomo directed the corrections department to prioritize the treatment of hepatitis C, he said. The virus, most commonly spread through intravenous drug use, can exhibit no symptoms for years. But left untreated, it can cause cirrhosis, end-stage liver disease and liver cancer. A new generation of treatments called direct-acting agents, or DAAs, can cure hepatitis C more than 95% of the time in 12 to 24 weeks, with minimal side effects. Research suggests that even with the steep price tag, aggressive testing and treatment in prisons is cost-effective; one study found that cure rates among patients in prison were higher than among similar populations on the outside. But the high cost of the drugs are a significant hurdle for jails and prisons, especially when many patients are asymptomatic.

New HCV Drug Approved Information Provided by Professor Peter Erlinder(Ill. Bar #3124291

Recently the FDA approved “Zepatier” as the Merck entry into the HCV “breakthrough cure” drug competition. It is priced at $54,000.00 retail, about 2/3 the price of Harvoni. With wholesale and other negotiated reductions, as predicted, the price for treatment is beginning to come down even more … and in comparison to costs/benefits, quite rapidly. The “old” interferon treatment that did not work and produced side effects for about a year (and is no longer medically recommended) carried a cost in excess of $30,000.00 according to the Iowa DOC. The HCV Guidance Panel, the body created by the medical professional societies, is likely to consider whether to add the new drug to the recommended non-interferon duo Harvoni and Viekira Pak … and announce its approval in the near future. NOTE: Professor Erlinder is working on the HCV Class Action for prisoners in Minnesota and intended to, and may still yet, work with Attorney Alexis Plunkett as local counsel for the HCV class action in Nevada.

Treatment and Housing of HIV Offenders John Doe, an NDOC prisoner, is challenging the treatment and housing of HIV positive offenders within the Nevada prison system in a civil rights action in federal court. The case is past the initial screening stage and, in accordance with clearly established law, he will prevail in the case. NVCURE is currently trying to locate an attorney to represent him in the case on a contingency fee basis. Nevada policies on treatment and housing of HIV positive offenders are outdated and unrealistic. Many courts have held similar policies to be unconstitutional. These old policies fail to take into consideration the fact that HIV and HVC are both blood borne pathogens and are spread in exactly the same manner, with HCV, in the writer‘s opinion, being the more dangerous of the two (2) viruses. HCV lives much longer than HIV when exposed to the atmosphere and, therefore, a person living in the same cell as a person with HCV

Why Some Prisons are Spending Millions on a Pricey New Drug

Nevada to Pay Lawyers Defending Workers in Deadly Prison Shooting

PLN Article on Hep C – 2/23/16 An estimated 3.5 million people in the U.S. are infected with hepatitis C, and a third of them pass through prisons and jails every year. For doctors and public health experts, this is an opportunity: wiping out the virus in prison can lower infection rates nationwide. Prisons see sticker shock: Drugs cost as much as $1,000 a day, with a course of treatment running upwards of $80,000, not including lab work or other costs. Faced with that budget choice, most jails and prisons have done little. But the federal government and a handful of states recently have quietly changed their approach - at a substantial price. In New York, state prison spending on hepatitis C drugs increased more than 350% in the last two years alone, from $9.4 million in 2014 to a projected $44 million in 2016. Similar increases can be seen in California and the federal Bureau of Prisons, two large prison systems now treating hepatitis C on a large scale.

By SANDRA CHEREB, LAS VEGAS REVIEW-JOURNAL CAPITAL BUREAU

CARSON CITY — Three former prison employees involved in a deadly 2014 shooting at High Desert State Prison will receive private legal counsel, paid for by taxpayers, in pending civil lawsuits. Three Las Vegas law firms were awarded separate contracts for $45,000 each to represent two correctional officers and a correctional officer trainee in the civil suits. The contracts, requested by the state attorney general’s office, were among informational items before the Board of Examiners on Tuesday. There was no discussion. Contracts less than $50,000 can be approved by the clerk and do not require a vote by the board comprised of Gov. Brian Sandoval, Attorney General Adam Laxalt and Secretary of State Barbara Cegavske. Background material included with the contracts said private counsel for the three former prison employees was

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needed to avoid conflicts of interest. The attorney general’s office represents the Department of Corrections and administrators. Carolos Perez, 28, died Nov. 12, 2014, from multiple gunshot wounds. Another inmate, Andrew Arevalo, now 25, was wounded. Both men were handcuffed behind their backs when they were shot in a shower hallway in a segregation unit known as “the hole.” High Desert is about 40 miles northwest of Las Vegas, just south of Indian Springs. Prison official acknowledged Perez’s death when it happened but didn’t provide details. The fact he was shot by staff didn’t become known until four months later when the Clark County coroner reported the cause of death and ruled it a homicide. Two civil lawsuits, one filed by Perez’s family, the other by Arevalo, are pending. Defendants include John-Reynaldo Ramos, a corrections officer trainee; and officers Isaiah Smith and Jeff Castro. They are no longer employed at the Department of Corrections. The state of Nevada, former prison Director Greg Cox, the warden, assistant warden and a lieutenant also are named. A separate criminal investigation also is ongoing, though no charges have been filed.

including the Las Vegas Metropolitan Police Department, which is expanding after the "More Cops" sales tax increase kicked in and allowed more hires. Secretary of State Barbara Cegavske said she thinks people are encouraging their family members to stay out of the law enforcement profession and are helping drive down interest in policing.

Stand Strong – Do Not Be Afraid This article is being written based on the numerous letters and verbal communications NV-CURE has received from prisoners expressing their fear of filing grievances or lawsuits because of the retaliation all NDOC prisoners know will be coming their way if they report the conditions within the prisons or the misconduct of prison officials. That is very sad – but very true. If you stand up and make your voice heard, as repeatedly urged by NV-CURE, you will be subjected to retaliation in the form of: disciplinary reports, having your cell torn up, being denied jobs and/or housing, having false information about you spread to other prisoners, moved in a cell with an enemy, etc. The guards, and their superiors, will find a way to punish you for doing what you have the right to do – and the punishment will not be fun. NV-CURE has also received numerous letters from prisoners indicating that conditions and abuses within the prison system just get worse and worse. Just when you think conditions and abuses could not get any worse – they do. These prisoners also express their fear of retaliation for filing grievances or lawsuits; or indicate the retaliation they have been subjected to because of their filing grievances or lawsuits. We understand these problems and know the hardships faced by those prisoners that do stand up and report in the grievance and judicial process the conditions and abuses to which prisoners are subjected to on a regular basis. Why then does NV-CURE continue to urge prisoners to stand up and make their voices heard through the grievance and judicial process? It is really very simple. Just think how very bad conditions and abuses would be if it were not for those few that choose to stand up and make their voices heard. Prison officials could do whatever they wanted to you – and you would take it. Is that you? NV-CURE commends all prisoners that have the courage to stand up and do the right thing – regardless of the personal consequences. These are the men and women who fight for and make constructive changes to conditions of confinement and stop the horrendous abuses fellow prisoners are subjected to by guards that think they can do whatever they want to do. We are proud to know each of these people that are willing to subject themselves to retaliatory actions for the benefit of their fellow prisoners. We thank each and every one of you for joining us in the struggle for justice and fairness for all!!!

Nevada Declares Critical Shortage of Rural Prison Guards By Michelle Rindels, Associated Press, Las Vegas Sun, 3/8/16 State officials declared a critical labor shortage Tuesday for rural Nevada prison guards, a job that's low-paying compared with other law enforcement careers, can involve harassment from inmates and means living in far-flung communities short on affordable housing. The Nevada Board of Examiners voted Tuesday to approve the designation, which allows the state to hire back retirees without adversely affecting their public employee pensions. Officials with the Nevada Department of Corrections say there are a handful of retirees who expressed a willingness to work in the prisons again. Labor shortages are chronic in Nevada's most remote prisons in spite of efforts to advertise the jobs online and through social media. More than 100 of the state's 522 rural corrections officer positions were vacant at the end of January, and the Ely State Prison has never had all positions filled at one time in the past five years, officials said. The solution so far has been to schedule officers for overtime, but the practice can lead to burnout and aggravate turnover. Scott Sisco of the Nevada Department of Corrections told the board higher salaries would "absolutely" help attract people to the jobs. Many are located in areas flush with higherpaying mining jobs, and an annual starting salary of about $39,000 for guards-in-training hasn't proved attractive enough. Board members said they've also noticed labor shortages in other agencies, including the Nevada Highway Patrol, where salaries start at about $48,000 a year. Gov. Brian Sandoval said troopers have been migrating toward agencies

Prison Activist Resource Center The Prison Activist Resource Center (PARC) publishes a Prisoner Activist Resource Directory that may be of interests

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and contain information useful to prisoner activists. You may write to PARC for a free copy of their Prisoner Activist Resource Directory at: PARC P.O. Box 70447 Oakland, CA 94612 PARC is a prison abolitionist group committed to exposing and challenging all forms of institutionalized racism, sexism, able-ism, heterosexism, and classism, specifically within the Prison Industrial Complex (PIC). PACR believes in building strategies and tactics that build safety into our communities without reliance on the police or the PIC. We produce a directory that is free to prisoners upon request, and seek to work in solidarity with prisoners, ex-prisoners, their friends and families. We also work with teachers and activists on many prison issues. This work includes building action networks and materials that expose the continuing neglect and outright torture of more than 2 million people imprisoned within the USA; as well as well as the 5+ million who are under some form of surveillance and control by the so-called justice system. We are fully funded by individual donations and foundations. The goals of PARC are: To expose the prison system in the U.S. as an engine of race war and genocide that all people of conscience must work to dismantle; To expose that prisons kill, through the exposure of prisoners to toxics, environmental hazards, and medical neglect; To support a moratorium on prison construction and a fight against the War on Drugs, the War on Immigrants, the War on Crime, and the use of prison slave labor; To expose the institutionalization of torture as it is practiced by the U.S. at home and abroad; To build awareness of prison issues outside the U.S. and international solidarity with political prisoners and peoples resisting U.S. aggression; To inspire and motivate people to take positive action against the mass-incarceration system and for prisoners' human and civil rights; To provide practical support to activists who are taking such action. To expose the prison system in the U.S. as an engine of race war and genocide that all people of conscience must work to dismantle; and To provide practical support to activists who are taking such action. Become involved in the struggle for justice and fairness for all!

establishment of HRDC. He is a person whose conduct should be emulated by each and every one of us. Congratulations Paul for your actions on behalf of prisoners throughout the country. You have accomplished many good things on behalf prisoners and provided the information needed by others to fight their oppressors. NV-CURE, and myself personally, salute you for your activities. Keep up the good work. Please note that PLN is a 72 page newsletter and contains the latest information on prisons and court decisions affecting prisons. Any person with an interest in these matters should subscribe to Prison Legal News. The price for a 1 year subscription to PLN by prisoners is $30.00. Subscribe if you are able. Prison Legal News P.O. Box 1151 Lake Worth, FL 33460

Supreme Court: Retroactivity Ends Mandatory Juvenile LWOP Sentences PLN Article – 3/3/16

The U.S. Supreme Court, in a 5-to-4 decision, held on January 25, 2016 that juvenile offenders can no longer be sentenced by state courts to mandatory life without parole (LWOP), even in capital cases. The Court ruled that its decision in Miller v. Alabama, 132 S.Ct. 2455 (2012) [PLN, June 2013, p.50], which invalidated mandatory juvenile life without parole sentences, should be applied retroactively in a challenge filed by Henry Montgomery, who received an LWOP sentence for killing a deputy sheriff in Louisiana in 1963 when he was 17 years old. According to the majority of the Court, "'children are constitutionally different from adults for purposes of sentencing,'" quoting from Miller, which cited the ruling in Roper v. Simmons, 125 S.Ct. 1183 (2005). "These differences result from children's 'diminished culpability and greater prospects for reform.'" The Supreme Court then explained three factors that underpinned its opinion, quoting from Roper: "First, children have a 'lack of maturity and an underdeveloped sense of responsibility,' leading to recklessness, impulsivity, and heedless risk-taking." Second, they "'are more vulnerable to negative influences and outside pressures,' including from their family and peers; ... and lack the ability to extricate themselves from horrific, crime-producing settings." Finally, "a child's character is not as 'well-formed' as an adult's; his traits are 'less fixed' and his actions less likely to be 'evidence of irretrievable depravity.'" In addressing the issues in Montgomery's case related to his juvenile LWOP sentence, the Court had to wade through a procedural morass regarding the retroactive application of Miller to a state court proceeding that took place decades ago. Normally, unless a ruling is specifically announced to be retroactive, any procedural change, unless it is a "watershed" change, is not considered to be "substantive" under Teague v. Lane, 109 S.Ct. 1060 (1989) for the purposes of collateral

Tribute to Paul Wright Paul Wright is the Executive Director of the Human Rights Defense Center (HRDC) and the Managing Editor of Prison Legal News (PLN). He is a former prisoner and started PLN over 25 years ago while confined within the State of Washington penal system. He developed PLN into the leading publication reporting on prison conditions throughout the country and was one of the primary forces behind the

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proceedings. Although the Miller decision controlled all post2012 juvenile criminal cases, Louisiana, as well as many other states, did not apply it retroactively to its already-decided state proceedings related to juvenile LWOP sentences. [See: PLN, May 2014, p.38]. The Supreme Court relied upon its decision in Danforth v. Minnesota, 128 S.Ct. 1029 (2008) to further expand its interpretation of what constitutes a substantial change, holding "that when a new substantive rule of constitutional law controls the outcome of a case, the Constitution requires state collateral review courts to give retroactive effect to that rule." Further, the Court wrote, "Miller's conclusion that the sentence of life without parole is disproportionate for the vast majority of juvenile offenders raises a grave risk that many are being held in violation of the Constitution." According to the Campaign for Fair Sentencing of Youth, approximately 2,500 prisoners nationwide are currently serving LWOP sentences as a result of offenses committed when they were juveniles. The Supreme Court justified its retroactivity ruling by emphasizing that relief could be obtained for prisoners serving juvenile LWOP sentences without relitigating their cases, "by permitting juvenile homicide offenders to be considered for parole, rather than by resentencing them," which "does not impose an onerous burden on the States, nor does it disturb the finality of state convictions. Those prisoners who have shown an inability to reform will continue to serve life sentences." The Court's decision gives new hope to criminal justice reform advocates who have long argued for relief in juvenile LWOP cases, and have maintained that more effort should be made to rehabilitate those who are already serving prison sentences and, like Montgomery, have done their best to change their behavior. The Supreme Court took note of the latter point, stating: "Henry Montgomery has spent each day of the past 46 years knowing he was condemned to die in prison. Perhaps it can be established that, due to exceptional circumstances, this fate was a just and proportionate punishment for the crime he committed as a 17-year-old boy.... [H]owever, prisoners like Montgomery must be given the opportunity to show their crime did not reflect irreparable corruption; and, if it did not, their hope for some years of life outside prison walls must be restored." The late Justice Antonin Scalia wrote a lengthy dissenting opinion that was joined by Justices Thomas and Alito. See: Montgomery v. Louisiana, 136 S.Ct. 758 (2016).

polling was done by the Terrance Group, which calls itself a "Republican strategic research and polling firm" that has helped to elect more than 80 Republican governors and members of Congress. The pollsters asked voters in Florida, North Carolina, Nevada, Kentucky, Missouri and Wisconsin about criminal justice practices. They said there was virtually equal support for reform among Republicans and Democrats. Between 60 percent and 70 percent of voters in six states surveyed agreed that federal prisons in the U.S. house too many non-violent criminals. More than 70 percent of voters in each state agreed that the criminal justice system should aim to rehabilitate "criminals to become productive, law-abiding citizens."

Erroneous FBI Microscopic Hair Testimony PLN Article On Hair Sample Comparison 3/1/16

In February, a Massachusetts court vacated George Perrot's 1992 rape and burglary convictions based on erroneous testimony of a FBI agent who greatly overstated the significance of a hair used to connect Perrot to the crime scene. Perrot was made aware of the errors in the agent's testimony as a result of a government review of cases where FBI agents gave either false testimony or submitted false reports regarding microscopic hair analysis used to connect a defendant to a crime. This is the first case to be litigated where the prosecution disputed the results of the review finding that the agent provided erroneous testimony. Before issuing its 79-page ruling, the court conducted a two-day hearing where experts on both sides of the issue were permitted to testify regarding the scientific merits of the agent's testimony. Last week's decision will likely greatly influence how future courts grappling with the errors identified through the review handle cases where the evidence was central to the conviction. "The decision is vitally important because it will be followed by many other courts around the country which will have to decide how to deal with this erroneous testimony," said Chris Fabricant, director of strategic litigation for the Innocence Project, which is affiliated with Benjamin N. Cardozo School of Law at Yeshiva University. "While we don't know how many cases may ultimately be reversed because of the use of this scientifically invalid evidence," said Fabricant, "we know from the preliminary findings of the review that FBI agents, over a period of more than two decades, erroneously testified or provided erroneous reports in more than 95% of the cases where microscopic hair analysis was used to connect a defendant to a crime." At the urging of the Innocence Project and the National Association of Criminal Defense Lawyers, the FBI and Department of Justice were motivated to conduct the review after three men, Donald Gates, Santae Tribble and Kirk Odom, were exonerated by DNA evidence in three separate cases where different FBI analysts had provided scientifically invalid testimony regarding hair analysis. Erroneous microscopic hair analysis contributed to more than 20 percent of the nation's 337 DNA exonerations.

Surveys Find Public Strongly Favors Prison Reform PLN Article – 2/19/16

Justice reform activists say that new polling reinforces their contention that a solid majority of Americans support their goals of imprisoning fewer non-violent offenders and doing more to rehabilitate criminals. The surveys were released yesterday by the U.S. Justice Action Network, a bipartisan coalition that has been campaigning for changing criminal justice laws and policies on both the federal and state level. The

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There is big money in the Prison Industrial Complex for corporations and the 1%. It is way past time to end this cash cow and stop mass incarceration for profits.

Prison Contracts Kickback Scheme PLN Article Kickback Scheme 2/22/16

A Biloxi businessman accused of being a part of a kickback scheme involving prison contracts appeared in court Thursday. 60-year-old Robert Simmons pled guilty before U.S. District Judge Ozerden. He was accused of carrying out a kickback scheme in which he paid money to former Mississippi Department of Corrections Commissioner Christopher Epps and to a Harrison County Supervisor in exchange for l contracts with the state and county. (NOTE by NV-CURE: Remember, at the time, Commissioner Christopher Epps was the President of the American Correctional Associate (ACA) that sets “standards” for the operation of adult prison facilities). Officials said from 2012 through August 2014, Simmons was paid $4,000 a month as a consultant for Sentinel Offender Services, L.L.C. Since 2012, Sentinel was under contract with the MDOC to provide services to aid in the monitoring and managing of offenders sentenced to probation or parole. Simmons deposited a portion of his monthly pay, a kickback of $1400, directly into Epps' bank account. Officials said that AJA Management and Technical Services provided construction management services to MDOC for the construction of the $40,000,000 expansion to the East Mississippi Correctional Facility and a $40,000,000 expansion to the Walnut Grove Youth Correctional Facility. During those 18 months, Simmons received a monthly consulting fee from AJA of $10,000. Every month, a portion of Simmons' consulting fee was paid to Epps.

How For-Profit Prison Group Elects Republicans Adapted from PLN Article 2/10/16

New analysis of campaign finance reports has found that five weeks before Republicans seized control of New Mexico's House of Representatives in November 2014, a Florida-based private prison company - Geo Group Inc. donated over $30,000 to a Republican Super-PAC which launched a series of high-profile, factually inaccurate negative ads smearing two incumbent Democratic representatives in the tightest races that election season. An initial $5,200 contribution from Geo Group, Inc. came on October 1, 2014 to Advance New Mexico NOW. It was followed five days later by another donation of $25,000. It was the largest PAC donation ever from one of the state's two largest private prison corporations. Following those donations, finance reports show that Advance New Mexico NOW, a supposedly 'independent' PAC led by former Republican District Attorney Matt Chandler (who was later appointed to a judgeship by Governor Martinez) paid for a Republican mail firm to produce and print 13 new attack ads. Two of those ads, against former Representative Liz Thompson and current Representative Stephanie Garcia Richard, were decried in the media as wholly false. Those ads helped Republicans win control of the State House for the first time in 60 years. Since then, Republican legislators have introduced a record number of bills aimed at adding new penalties and prison sentences to a variety of crimes.

Prison Lobbyist Donations One little-known fact this year is that Hillary Clinton and Marco Rubio have benefited from prison lobbyist money. In fact, they've taken almost the same amount of contributions from major prison lobbyists. Clinton's campaign has received $133,246 while Rubio's campaign accepted $133,450 from the prison lobby. According to a Vice News piece titled How Private Prisons Are Profiting From Locking Up US Immigrants, Hillary Clinton and Marco Rubio have taken virtually the same amount of donations from the two most influential prison lobbyists in the U.S. VICE reviewed federal campaign disclosures and found that lobbying firms linked to GEO and CCA have already contributed more than $288,300 to three of the leading candidates. Clinton's Ready for Hillary PAC received $133,246 from lobbying firms linked to GEO and CCA. Rubio's PACs and campaign have taken a total of $133,450 from private prison companies or groups that lobby on their behalf. Bush's campaign and his Right to Rise Super PAC have received $21,700 from lobbying groups affiliated with GEO and CCA. "These companies are investing their money for a reason," said Bob Libal, the executive director of Grassroots Leadership, a group that fights to end for-profit incarceration. "That reason is to maintain policies that benefit them."

Private Prisons Are Cashing In on Refugees' Desperation PLN Article 2/25/15

Immigration and Customs Enforcement calls the detention site in Dilley, Tex., a "family residential center." But to the 2,000 migrant children and mothers who live there, it's something else: "People who say this is not a prison are lying," Yancy Maricela Mejia Guerra, a detainee from Central America, told Fusion last year. "It's a prison for us and a prison for our children, but none of us are criminals. Enforcement, a government agency, but it is run by the Corrections Corporation of America, America's largest private prison and detention company. It is one part of a worrisome global trend of warehousing immigrants and asylum seekers at remote sites maintained by for-profit corporations. The United Nations estimates that one in every 122 people on the planet is displaced. This is a crisis that requires a humanitarian solution; unfortunately, some people view it as a business opportunity. In recent decades, many Western governments have increasingly outsourced prisons to private companies, claiming that doing so saves money. As the number of migrants and asylum seekers has grown, governments have found a new use for the private-prison model.

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It has become a multimillion-dollar industry. The company Hero Norway runs 90 refugee centers in Norway and 10 in Sweden, charging governments $31 to $75 per refugee per night. Australia's government has contracted the company Broadspectrum to manage two detention camps in Nauru and Papua New Guinea for asylum seekers. In Britain, Prime Minister David Cameron's government awarded the security firm Serco a seven-year contract in 2014 worth over $100 million for running the Yarl's Wood immigrant detention center.

beds to accommodate the sheer number of detained immigrants.

NV-CURE Mail Is Not Legal Mail NV-CURE is not a legal services organization and we are not attorneys. Mail to and from NV-CURE is not legal mail. NV-CURE wants this fact clearly understood by all. We cannot send documents as “Legal Mail” and NDOC facilities are not required to recognize mail to us as Legal Mail. Thank you for your attention to this matter.

Are You Getting The Picture Yet? Privatization and profit are the driving forces behind the Prison Industrial Complex and mass incarceration in the USA. The USA has 5% of the world’s population and 25% of the world’s prisoners. Why? Because private corporations are operating prisons for a profit and, the more people incarcerated, the more money those corporations and their investors make. Simple economics. Incarcerate more, make more money. Therefore, to end mass incarceration, we need to take the profit out of the Prison Industrial Complex. Remove profits from the incarceration process and take away the incentive for incarceration. It is not only the corporations that build and run prisons, it is also the corporations that sell products to the prisons. Food, clothing, tasers, tear gas, etc. Open your eyes.

Sending Documents to NV-CURE Please do not send NV-CURE documents you want returned or copied. We do not copy and return documents. Send only documents we may retain in our files and disseminate as we deem appropriate. Thank you.

NV-CURE Membership NV-CURE Membership for prisoners ($2.00), basic ($10.00), family ($20.00), sustaining ($50.00) and lifetime ($100.00). ALL Memberships are ANNUAL. Each person needs to track their membership date and make a renewal membership donation yearly. Join NV-CURE and recommend joining NV-CURE to your family and friends. We do accept unused stamps for prisoner memberships.

Hunger Strikes Spread in Immigrant Jails in US Southwest

NO COLLECT CALLS TO NV-CURE NV-CURE does not accept collect telephone calls! NV-CURE’s number is 702.347.1731. ALL calls to NV-CURE must be prepaid. We do not have the funds necessary to accept collect calls and do not accept collect calls. ADDITIONALLY, all telephone calls to our Las Vegas Office are forewarded to the personal cell phone of NV-CURE President JOHN WITHERFOW. Before you telephone our number, be sure this procedure is NOT GOING TO RESULT in a disciplary report being written against you for violation of prison policies. We cannot be responsible for telephone calls made to NV-CURE. You may telephone John directly at 231.313.0059.

PLN Article 11/09/15

Immigrant detainees have launched several hunger strikes in detention centers in California and Texas to protest the terrible living conditions they have to face. In Adelanto, California, more than 300 men stopped eating meals on October 30 at a detention center run by the for-profit prison company, GEO Group. In recent weeks there have been other major hunger strikes in Texas and Louisiana as well, involving hundreds of immigrants. At the Adelanto Detention Facility immigrants come mostly from Central America, which has suffered from decades of crime, corruption and brutal US-backed wars. Many have applied for asylum only to be locked up in jail for months, if not years, before they are deported back to their countries of origin. Shannah Abdullah, a detainee from Ghana who joined the hunger strike this week with 90 other men, told the Los Angeles Times, "We won't stop. If it's going to take us one week or one month we will continue." Abdullah had been in custody with Immigration and Customs Enforcement (ICE) for over 11 months after he asked for amnesty at the Mexican border. ICE officials have sought to downplay the number of hunger strikers, saying the real number is "only" 30 and that they have met with detainees to address their concerns. The Adelanto center was recently expanded by 650 beds to 1,940

NO COLLECT CALLS TO NV-CURE NV-CURE does not accept collect telephone calls! NV-CURE’s number is 702.347.1731. ALL calls to NV-CURE must be prepaid. We do not have the funds necessary to accept collect calls and do not accept collect calls. ADDITIONALLY, all telephone calls to our Las Vegas Office are forewarded to the personal cell phone of NV-CURE President JOHN WITHERFOW. Before you telephone our number, be sure this procedure is NOT GOING TO RESULT in a disciplary report being written against you for violation of prison policies. We cannot be responsible for telephone calls made to NV-CURE. You may telephone John directly at 231.313.0059.

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Articles and Information Wanted Please provide NV-CURE with suggestions for articles and information you may want included in our Newsletter. We are interested in bringing you information on events and issues related to the prison and parole systems. We will attempt to gather the factson issues of concern and write articles that may be of interest to all. If you want to write an article for publication, write it and send to NV-CURE and we may edit and publish

NV-CURE is looking for Sustaining Contributors NV-CURE is looking for Sustaining Contributors who want to advertise their businesses and/or corporations in our IB Newsletter. We currently publish the Newsletter bi-mothly. Every two (2) months our Newsletter goes out to over four hundred prisoners and 1200 people and organizations in the community. Our primary costs are printing and mailing. It currently costs NVCURE over $450.00 to mail our Newsletter to Prisoners – the very people who need our help. NV-CURE would like to increase our mailing to over 600 prisoners. Our costs would increase accordingly. NV-CURE, a tax exempt non-profit organization, and needs at least ten (10) Sustaining Contributors to accomplish our goals. With ten Sustaining Contributors, contributing $500.00 per year, which is tax exempt, we can reach our goal. Is your organization interested in becoming a NV-CURE Sustaining Contributor? Visit our Website, nevadacure.org, and see what we do and call our office to sign up. Thank you.

SUSTAINING CONTRIBUTORS NV-CURE (Citizens United for the Rehabilitation of Errants) wishes to express our sincere and deep appreciation to the following Sustaining Contributors for their financial and material support. Travis and Jeanette Barrick, Esq., Las Vegas, NV, Gallian, Welker and Belkstrom, LC, Las Vegas, NV and St. George, UT., Angie Kiselyk, Arizona, Michelle Revell, Las Vegas, Nevada, Michael Cupp, Sparks, NV, Natalie Smith and John Witherow, Oakhurst, CA, John Townsend, Ely, NV, Craig Caples, Las Vegas, NV William O’Connell, Las Vegas, NV NV-CURE urges all of our Members and supporters to patronizes the establishments referenced above supporting and making possible the publication of this Newsletter. If you or your corporation/business would like to become a Sustaining Contributor to NV-CURE Information Bulletin Newsletter, or would like more information, please call 702.347.0926 or 231.313.0059 or e-mail NV-CURE at [email protected] and place “Contributor” in the subject line.

Struggle In Solidarity Together We Can Make A Difference

NV-CURE 540 E. St. Louis Ave. Las Vegas, NV 89104

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