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

SPECIAL EDITION RESIST, INC. – Thank you! NV-CURE would like to express their sincere appreciation to RESIST, Inc., for their generous financial award to our organization. The RESIST award has enabled NV-CURE to print and mail our last IB Newsletter, increase the number of prisoners to whom our IB Newsletter is sent, to organize a protest (which will be discussed below), to print and mail this Special Edition IB Newsletter and will be used to print and mail our next IB Newsletter. Financial resources are essential to our organization and are required to enable us to do the things we do. This is the second award NV-CURE has received from RESIST. Thank you RESIST for your award and much needed assistance to the struggle for justice and fairness for all.

NV-CURE Protest Regarding Prison and Parole Issues NV-CURE is assisting in organizing a protest on September 12, 2014, on the sidewalk in front of the Grant Sawyer Legislative Building, 555 E. Washington Ave, Las Vegas, NV 89101, and on the sidewalk in front of the NV Legislative Building, 401 N. Carson Ave., Carson City, NV 89701, at 11:00 AM thru 12:30 PM. The purpose of the protest is to induce the ACAJ (Advisory Committee on the Administration of Justice) to introduce legislation in the forthcoming Legislative Session making constructive changes to the prison and parole systems. This protest will involve the following prison and parole issues: 1. Establishing an independent corrections ombudsman to investigate prisoner grievances and to report problems to the Legislature for further action. The system proposed will be similar to the system in place in Michigan for investigating prisoner complaints. The Corrections Ombudsman will be under the purview of the Legislature, report to the Legislature and be independent and separate from the Department of Corrections, the Inspector General’s Office and the Attorney General’s Office. This is the only fair way for a prisoner, or his family, to obtain a fair and honest review of the complaint and to hold wrongdoers accountable for their actions – assuming the Ombudsman is fair and honest and is not under the influence of the prison industrial complex. 2. Amend the provisions of NRS 209.285 to require testing of all prisoners for infection with the hepatitis C virus (HCV). All incoming prisoners are currently tested for infection with the human immunodeficiency virus (HIV) under the statute. The same blood draw could be used to draw blood to test for HCV. Testing for HCV will enable will enable all concerned to know the number of prisoners infected with HCV and the severity of threat to our communities, including the prison community. The cost for this additional testing would be minimal and relieve the anxiety induced in all of us by not knowing the extent of the problem.

1

3. Pass a statute mandating that all prisoners infected with HIV and HCV receive treatment for these viruses. Both of these viruses can be controlled and reduced with proper treatment. Current NDOC protocols prevent the vast majority of prisoners infected with these viruses from receiving treatment in a timely manner. These people require treatment before being returned to our communities – where they will receive treatment if they do not die in prison from complications from the viruses. 4. Eliminate the discretionary parole system. The decision to release a person on parole should be removed from the discretion of the seven (7) member Parole Commission. When a person is eligible for parole, the person should be released on parole. The judge and Legislature have set the minimum terms a person must serve in prison before being released on parole – and the person should be released on parole when the person has served the minimum term. NV-CURE requests that the family and friends of incarcerated persons and/or formally incarcerated persons attend this protest in person. Be there by 11 AM. For those that really want to participate and assist in making protest signs and organizing the event, there will be a meeting on September 10, 2014, at 6 PM in Las Vegas. Anyone interested in attending this meeting/planning session should e-mail NV-CURE at [email protected] for the location. Alternatively, telephone Natalie Smith at 702.900.8958 for attendance and help get together. Struggle in Solidarity. Together, we can make changes happen. Be there.

Your Help Is Necessary Your help is necessary to obtain the legislation necessary to make the constructive changes to the prison and parole systems being sought by NV-CURE. We cannot do it alone. We need your active support, and the active support and participation of your family and friends, to make constructive changes to the NV prison and parole systems. Without the support and participation of all us, the changes sought very well may not happen. We have to show our Legislators and ACAJ Members we want the constructive change requested. The more active we become, the more chance of success we have to accomplish our goals. Hundreds of us working together can be an effective force for change and, if more than a thousand of us participate, we will make constructive changes. So, please, become involved. If you, your family, or your friends can participate in the PROTEST referenced in the preceding article, please be on the sidewalk at the entrance to the Grant Sawyer Building or on the sidewalk at the Legislative Building in Carson City to make your presence and voice heard on the legislation we need passed, i.e., an independent corrections ombudsman, testing for HCV, treatment for prisoners infected with HIV and HCV and the elimination of the discretionary parole system. Let us let our Legislators and ACAJ know we want the requested Legislative changes made – NOW. In addition to attending the PROTEST people, particularly prisoners, should write letters, or send e-mails, to all Members of the ACAJ expressing support for the Legislative changes requested. Each letter will help to convince the ACAJ Members to draft and pass legislation pertaining to these four (4) issues. These are not the only changes we want made, but is a start on the changes we want made in the upcoming Legislative Session. We will have more issues to address in the next Legislative Session, but we want these issues resolved in this Legislative Session. So, get busy today. We need your letters and e-mails to all Members of the ACAJ on all four (4) issues we want addressed at the September 12, 2014 ACAJ Meeting sent before the meeting to show our support. Write 1 letter – and make 16 copies. Mail one to each Member of the ACAJ. Help us help you. We cannot do what needs to be done by ourselves. We NEED your active support and participation. GET BUSY. WRITE LETTERS AND SEND E-MAILS – TODAY.

Inmate Advisory Committee (IAC) NDOC AR 805 governs establishment and operation of an Inmate Advisory Committee (IAC) at various NDOC facilities. The maximum security institution is exempt from the regulation. The Members of the IAC are from different ethnic backgrounds and elected to those positions by the prisoners at the facility. Please read and familiarize yourself with that regulation and make contact with the IAC Members at your institution. According to information obtained by NV-CURE, there are IACs at FMWCC, SDCC, HDSP, NNCC and WSCC. There may also be an IAC at LCC, however, our information on that matter is contradictory. NV-CURE supports the formation and operation of IACs at each NDOC facility. We request that all of our Members actively support and participate in the IAC. Become Members of the IAC if possible, enlist other Members of the IAC to join NV-CURE and work with us through the IAC to make the organization a viable vehicle for constructive change to the prison system. It can work, particularly if we work together. If your institution does not have an IAC, enlist the help of other NV-CURE Members, contact the Warden of the Institution and try to enlist his help in establishing an IAC at your facility. We will talk with Director Cox and Warden Baker regarding the possibility of an IAC at ESP. We believe it could be beneficial to us all of us interested in constructive change to the prison and parole systems. Candidates for elections to the IAC should be publicized on the institution TV station, with possible campaign discussions, and all Members elected to the IAC should be known to all prisoners. All prisoners should be permitted a vehicle through which to

2

communicate with their elected representatives. Those representatives should not be like representatives in the community – acting only in their best interests. The representatives should take to heart the interests of prisoners – and not curry favor with correctional officers, guards, Wardens, or the prison administration. Be for real and do what is right. There may be a potential problem with IAC that needs to be addressed, apparently from events in the past. We have received information that some Wardens are hesitant to form and operate an IAC because the organization is considered a handpicked groups of Warden “snitches” by guards and some prisoners. This is not the truth. According to the regulation, the Warden establishes qualifications for people to be eligible for election to the IAC. The Warden does not choose the Members. Prisoners select the Members of the IAC. The people elected to be Members of the IAC are selected by prisoners from the prison population – in numbers ethnically proportional to the prison populations. The Warden does not “pick” the people that may be elected to the IAC. Prisoners “pick” the people prisoners want to be Members of the IAC and vote for them. The prisoners selected and voted on in elections are the Members of the IAC. The persons with a motive to label Members of the IAC as Warden “snitches” appear to be correctional personnel that are not doing their job appropriately and who do not want their misconduct reported to the Warden in IAC Meetings concerning the issues that are of concern to prisoners. We refer to those people as “guards” – not correctional officers. Those guards want to do what they want to do, regardless of the interests of prisoners, and do not want their misconduct reported. Remember, guards are not your friends or associates and “they” can kill you any day of the week. Read NDOC regulations – and you will know that. They are your keepers – and not your friends. If those guards are abusing their positions and not performing their duties and responsibilities towards you in the operation of the prison and/or not respecting you and your rights, you are not a “snitch” by advising your IAC representatives of their misconduct and asking the IAC Members to report the problem created by the guard to the Warden. That is not “snitching” and any prisoner that claims it is snitching is, most likely, a boot licking lackey of the guards. Watch those “pris0ners” – closely. NV-CURE, as indicated, support the formation and operation of IACs at every NDOC facility. This will give prisoners a voice in the operation of their facilities and insure that correctional officers are doing their jobs in the manner in which they are paid to keep you there – without abuse and/or mistreatment.

ACAJ Member Contact Information The following is a list of Members of the NV ACAJ (Advisory Committee on Administration of Justice). Save this list. Copy. Pass Around. Post in Law Library. Make the information available. Senator Tick Segerblom 401 S. Carson St. Carson City, NV 89701 775-684-1422 [email protected] Senator Greg Brower 401 S. Carson St. Carson City, NV 89701 775-684-1419 [email protected] Assemblyman Wesley Duncan 401 S. Carson St. Carson City, NV 89701 702-767-3733 [email protected] Assemblyman Jason Frierson 401 S. Carson St. Carson City, NV 89701 702-280-2981

[email protected] Judge David Barker 200 Lewis Avenue, Dept. 18 Las Vegas, NV 89155 702-671-4459 [email protected] Chuck Callaway, Police Director Las Vegas Metropolitan PD 702-828-5538 [email protected] Attorney General Catherine Masto 100 N. Carson Street Carson City, NV 89701 775-684-1112 [email protected] James “Greg” Cox, NDOC Director 3955 W. Russell Rd. Las Vegas, NV 89118 702-486-9912 [email protected] Justice James Hardesty Nevada Supreme Court 201 S. Carson St. Carson City, NV 89701 775-684-1590

3

Jorge Pierrott, Sergeant NV Department of Public Safety Division of Parole and Probation 475 Valley Road Reno, NV 89512 775-684-2318 Dr. Richard Siegel 568 Creighton Way Reno, NV 89503 775-409-3253 [email protected] Lt. Eric Spratley Washoe Co. Sheriff’s Office 911 Parr Boulevard Reno, NV 89512 775-328-3356 [email protected] Mark B. Jackson District Attorney, Douglas Co., NV 1038 Buckeye Road Minden, NV 89423 775-782-9800 [email protected] Connie Bisbee Nevada Board of Parole Commissioners

1677 Old Hot Springs Rd, Suite A Carson City, NV 89706 775-687-5049 Phil Kohn Clark Co. Public Defender P.O. Box 552610 Las Vegas, NV 89155 702-455-4685 Larry Digesti, Representative State Bar of Nevada 600 E. Charleston Blvd. 702-382-2200 [email protected] Lisa Morris Hibbler Victim Rights Advocate P.O. Box 531426 Henderson, NV 89053 [email protected]

NV-CURE GOALS FOR CHANGE OF THE CRIMINAL JUSTICE SYSTEM FAIRNESS IS ESSENTIAL IN ALL GOVERNEMENT PROCESSES Joint Anti-Fascist Refugee Committee v. McGrath, 341 US 123, 160-174 (1951) 1. Establish an Independent Ombudsman to fully and fairly investigate and report on prisoner grievances. An Independent Ombudsman is essential to a fair grievance process. Without an Independent Ombudsman, there will not be any fairness in the NDOC grievance process. 2. Amend NRS 209.385 to require testing of all prisoners for the Hepatitis C Virus (HCV). 3. Enact a statute requiring treatment of all prisoners infected with HCV or HIV. 4. Eliminate the discretionary parole system. Remove from the Parole Commission the discretionary authority to grant or deny parole. The Legislature has established the penalties for crimes and the Courts impose the minimum and maximum terms of imprisonment. A prisoner should be automatically released on parole when he has served the minimum terms imposed by the courts and has earned the appropriate amount of good time.

5. Amend the provisions of NRS 213.1075 to authorize the subject person of P&P files and records be permitted to obtain and possess a copy of all documents and information pertaining to him/her contained within those files and records. This is an essential component of due process and is absolutely necessary to justice and fairness. Without access to the information, the person is unable to know what is there, much less to challenge the veracity of the information contained therein. 6. Amend the provisions of NRS 213.131 to permit a prisoner to review and obtain copies of any and all information that will be considered by the Board of Parole Commissioners in deciding whether or not to grant parole at least 30 days prior to any scheduled parole hearing and provide the prisoner with an opportunity to challenge and present evidence concerning the accuracy of any and all information to be considered in the parole application process. A prisoner must know the information being considered in deciding whether he/she should be granted parole and have an opportunity to challenge that information. Fairness is essential to due process and knowledge makes fairness possible. Without that knowledge and full disclosure, there can be no fairness. 7. Amend the provisions of NRS 213.131 to require that a prisoner to be able obtain a copy of any and all documents and to be present at any and all meetings between victim or victim’s family and representatives of the Board of Parole Commissioners pertaining to or referencing in any manner the issue of potential release on parole of the prisoner; and providing the prisoner with an opportunity to respond to any documents or comments made by the victim or victim’s family. There should be absolutely no “secret” or “confidential” meetings between the victim or the victim’s family with the Board of Parole Commissioners or their representatives. It is totally unfair and should never be permitted. 8. Amend procedures in NDOC Administrative Regulation 568 for

4

prisoners to review NDOC files pertaining to them and to challenge and correct any false or inaccurate information. This AR is not being used effectively to correct false or inaccurate information in the NDOC NOTIS system. Revision, training and notice to prisoners are required. 9. Replace discretionary parole with real Truth in Sentencing based on a flat term sentence, with incarceration reduced by good time credits. Remove the discretion of a Parole Commission from the release process and establish sentences and procedures that will permit a prisoner to control his own release date. A. Eliminate death as a penalty, which includes elimination of life without possibility of parole. B. Establish 60 years as the maximum penalty to which a prisoner is subjected, with only one (1) sentence imposed, i.e., the term of imprisonment, which will vary with the penalty for the crime, but which will not exceed 60 years. This maximum penalty is determined by the fact that an offender, unless certified, is at least 18 years old when up for sentencing. A 60 year sentence would mean that the person would be 78 years before being released from prison, minus any good time he may have earned and retained. This is sufficient punishment, even for the worst of the worst. This must mean that no person is sentenced to more than 60 years in prison, even with consecutive sentencing. The MAXIMUM term is 60 years, however, lessor terms may be imposed in accordance with the maximum penalty established for the particular crime. The Court may impose probation or any sentence up to the maximum penalty established for the particular crime. C. Establish day for day good time regardless of the “class” of the felony. Allow a prisoner day for day good time. This means that for every day the prisoner serves in prison he/she earn a day of good time and that, on a 60 year sentence, the prisoner would serve 30 years in prison. If the prisoner misbehaves, good time may be forfeited and/or restored under the Code of Penal Discipline. Do not tie good time to work

time – because the NDOC does not have sufficient jobs for each prisoner to have a job. The alternative is that, if good time is tied to work time, every prisoner that has his name placed on a list for a job will earn good time for every day his name is on the list. 10. Provide adequate medical and dental care for all prisoners, including, but not limited to, necessary testing and medications, teeth cleaning and fillings. 11. Establish a Code of Penal Discipline that recognizes a prisoner’s right to a presumption of innocence in a prison disciplinary hearing, requires a unanimous disciplinary hearing panel of three (3) people to find guilty based only on proof beyond a reasonable doubt and affords a prisoner all essential due process procedural protections. 12. Eliminate solitary confinement and level system in NDOC. 13. Establish rehabilitative and re-entry programs, including programs familiarizing prisoners with computer and smart phone usage, assistance available in the community, organizations able to provide assistance with housing and transportation, and training and certification programs in a wide range of job skills useful in the community. A partnership with Union apprenticeship programs inside the prison system may be a solution. 14. Establish Mandatory Release Supervision of 2 years for all persons being released from prison. This Supervision will not be parole and is in addition to the penalty imposed for the crime. The purpose of this Supervision will be to assist the prisoner with reintegration into society and will not be for punitive purposes. Mandatory Release Supervision employees will direct their efforts towards helping the released prisoner become a productive member of the community. There will be no jail punishment for rejection of Mandatory Release Supervision rules or regulations. The purpose of the supervision will be to help former prisoners find housing, transportation, jobs, clothing and government or foundation benefits that will assist with reintegration into society.

15. Establish a Victim/Community Relationship Program wherein victims may communicate with perpetrators and people from the community may facilitate communications and understanding and facility return to society. 16. Amendment of sex offender laws to remove restrictions on liberty, eliminate fee payments, remove publication/notice provisions and require confidentiality. 17. Eliminate all registration requirements for persons previously convicted of a felony. 18. Restore the right to vote to all persons convicted of a felony and permit all prisoners to vote in elections. 19. End the “lock ‘em up” and “throw away the key” attitude of politicians looking for a vote. 20. End Mass Incarceration as a solution to crime.

Whistle Blower Verdict From the Sacramento Bee A Sacramento Superior Court jury has awarded a $730,000 verdict to a former UC Davis nurse who claimed that her career was destroyed when she blew the whistle on an unethical pain management project on prisoners. Plaintiff Janet Keyyzer is 59 and has been a nurse for 30 years. She has a Ph.D. in human and community development and had worked as an administrative nurse researcher for the UC Davis Healthcare Policy and Research for nine years at the time she was terminated in 2007. She was subject to retaliatory actions after she began work on the university’s community oriented Pain Management Exchange Program in 2006 and raised questions about whether a research project on physically and mentally disabled prisoners at San Quentin Prison had obtained the consent of its “human subjects.” According to Keyzer’s lawsuit, the project gathered medical data from the patient/prisoners’ medical records without their permission and without the approval of the university’s Intuitional Review Board that is supposed to review all requests for research on people. Keyzer’s lawyer, Lawrence Bohm, said he thinks this is an extremely

5

important case for nurses everywhere. It took a lot of courage to make this complaint, Bohm said. NV-CURE agrees that being a whistle blower is a difficult task. Being retaliated against for doing what’s right is not a pleasant experience. Fortunately, here, we have a case of a nurse who did the right thing and was rewarded for her efforts with a large jury verdict. Whistle blowers should be awarded generously for their courage and fortitude in doing the right thing. Remember that if you are ever on a whistle blower jury. NV-CURE urges all government employees to do the right thing. Help the People in the fight against corruption and abuse of power. Stand up. Be heard. Report all corruption and abuse of power!

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.

NV-CURE Telephone Calls READ THIS – NO COLLECT CALLS 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.

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 facts on issues of concern and write articles that may be of interest to all. Stand Up. Be Counted. Make Your Voice Heard. Working Together We Can Make a Difference. Join the Struggle for Justice and Fairness For ALL.

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 this Newsletter quarterly. Every three (3) months our Newsletter goes out to over three hundred prisoners and 1200 people and organizations in the community. Our primary costs are printing and mailing our Newsletter to prisoners, as we e-mail PDF copies to people with access to computers. It currently costs NV-CURE over $400.00 to mail our Newsletter to Prisoners – the very people who need our help. NV-CURE would like to increase our publication from Quarterly to BiMonthly or Monthly and mail to over 600 prisoners. Our costs would increase substantially. NV-CURE, a tax exempt non-profit organization, 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., Gallian, Welker and Belkstrom, LC, Las Vegas, NV and St. George, UT. Angie Kiselyk, Arizona . Michelle Revell, Las Vegas, Nevada John Witherow and Natalie Smith, Gaylord, Michigan NV-CURE urge 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

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

6