Compassion in Juvenile Sentencing

Mary Ellen Johnson met Jacob Ind a few months after he killed his parents at age 15. She’s the director of The Pendulum Foundation, which serves kids serving life. She alternately thanks and curses Jacob for providing entree into a world she never knew existed.

“Something went horribly wrong.”

Jacob’s letter arrived a week after Limon Correctional Facility had been abruptly locked down. (more…)

The Washington Post released a piece on the debate about Juvenile LWOPs in Illinois here.

Please note that my previous post from guest blogger, Jennifer Bishop-Jenkins from Illinois Victims expands on the quote in the Washington Post.

This is the last of 8 posts. Part 1 is here. Part 2 is here. Part 3 is here. Part 4 is here. Part 5 is here. Part 6 is here. Part 7 is here.

You must have run the scenario through your head a million times of what you’ll do if you’re released. What are some of the things you envision?

I think of my freedom All the Time. I daydream about what I want to do daily. When I was younger, my daydreams reflected my youth – I wanted to ride the rails and see the country or go into careers which take years to be established, in like physics or teaching at a university. (more…)

This is the 7th of 8 posts. Part 1 is here. Part 2 is here. Part 3 is here. Part 4 is here. Part 5 is here. Part 6 is here.

What do you look most forward to each day?

I don’t really look forward to anything in here on a day to day basis. I guess you can say that I look forward to “It Takes a Thief” at 3 PM every day because that marks the point in my day when it very quickly turns into bed time. Each day in CSP is a day I’m just trying to kill. That’s what I hate about mornings so much here. It marks the slowest part of the day when I’m climbing the cliffs to reach the 3 PM peak and can coast my way back down. (more…)

This is the 6th of 8 posts. Part 1 is here. Part 2 is here. Part 3 is here. Part 4 is here. Part 5 is here.

Based on the circumstances of your home life and then of the murders, anyone would have to believe that you should have received intense therapy in order to try to heal and work through the abuse you endured and also to work through the ramifications of your actions as a result. I’ve been told you’ve never had any kind of mental health treatment at all. Have you taken steps to try to work through these issues in other ways? How have you coped?

I haven’t had any kind of formal therapy to speak of in here. Mental health in prison is concerned with keeping people alive and from hurting others. Being healthy is waaaay down the list. I did receive some help when I was in CSP the first time. This was smack dab in the middle of when I was focusing on being the man I wanted to be, and that included being “normal”. (more…)

This is the 5th of 8 posts. Part 1 is here. Part 2 is here. Part 3 is here. Part 4 is here.

Based on the system’s focus primarily on punishment, do you think that there are young offenders who arrive in prison with some potential for change and growth, but due to circumstances within the system actually become more dangerous and violent over time?

Because the system is so adversarial, rehabilitation is retarded. With the staunch “us” versus “them” mentality created by an overly punitive environment, the kids who enter the system with potential, end up being driven into the arms of the Convict Culture. Why would a kid want to shape up when that is what the system wants them to do, the system which creates so many barriers that all their personal relationships crumble, the system which imposes inane and frivolous restrictions, which seem to be designed only to make life miserable?

 

I’ve seen kids ruined by the system. When I was in county jail I met a 17 year old kid named, Mike who looked like he was 13. He was a good kid, scared to death and hyperactive, but not violent and was charged as an adult for property crimes. To me, that’s an outrage. Adult prison is no place for a kid who likes to steal.

 

Well, adult prison turned that small, frail, scared kid into a hardened criminal. He has since been in and out of prison and become part of the upper ladder of Convict society. I’ve heard stories about him over the years, about what a knucklehead he is, and it sucks. I know damned well that if treated and given an environment which isn’t hostile to change, he would’ve become somebody. I remember the kid in county jail who was scared to fight, but loved to have silly fun like playing tag with a cup on his head (the object being to not have the cup fall off). That kid is dead. DOC killed him.

This is the 4th of 8 posts. Part 1 is here. Part 2 is here. Part 3 is here.

Can you describe what phases of growing up you went through from the time of your incarceration at fifteen through now? You were obviously in a very out of touch place back then, so I can only imagine your adjustment to prison must have been very difficult. Can you pinpoint different times when you were able to look back and see how much you’d changed?

I remember how out of touch with reality I was when I first got arrested [Jacob had recently turned fifteen and a freshman in high school]. I readily admitted that I killed two people but I had no clue that I was in trouble. I couldn’t understand why I was shackled in the police station and I was far more worried about getting in trouble for the two buds of marijuana in my room than anything else – I knew I could get in trouble for that, but murder? That was completely outside of my scope of understanding.

 

That breech with reality really effected how I saw being locked up. To me it seemed far more like summer camp and an adventure than it did county jail or prison. My legal troubles were far removed from my thoughts. I couldn’t understand the consequences or importance of what was going on so I just convinced myself I’d get out whenever, and focused on my day to day situation.

 

In county jail, I was segregated with other kids facing adult time so I just wanted to fit in the best I could – which wasn’t easy being a white middle class kid from the mountains among inner city gang youth (well, as “inner city” as Colorado Springs gets). I learned from day one that they respected stupidity and acting up. I turned into a class clown of sorts. I was the go-to guy when we were bored and needed someone to yell at the guards or pull silly hi-jinx for fun. Anything having to do with the outside world or court was unimportant. What was important was my environment.

 

This continued as I moved to the Department of Corrections after my conviction. The life sentence didn’t matter to me, I was on an adventure. I lived a very sheltered life growing up and did not have much of a taste for the real world. Now all of a sudden I was around lots of people from every walk of life. I wanted to experience everything through them and find out who I was at the same time. I was just a teenager at the time, so I was still learning and searching, like all kids. Still, at that point I was far more interested in my daily life than facing my past, my crimes or my future. Those thoughts were too painful and there were far too many distractions to hide in.

 

At 17, I was sent to a Supermax facility. I had a rebar form spike, which the top rung Convicts convinced me I needed, but got caught with it. It was a bent up old rusty piece with a blunt point. It couldn’t be used to stab anybody, but it was still considered “dangerous contraband”. I was placed on Ad-Seg probation with the promise that “one more” write up would result in me being moved to Supermax. Two months later I was written up for a clothesline and the Captain made good on his promise.

 

For the first couple of months in Supermax, I considered it just another adventure. I was around a new class of Convicts, the real bad-asses, so I followed my county jail M.O. and acted up to impress them since we had nothing better to do and CSP was a much wilder place in those days.

 

Eventually though, I ran out of places to hide. Supermax is such a bleak place that I had to face myself, own up to my crimes, and deal with my childhood. It took years of struggle and pain. For years there remained a desire to be one of the cool guys and immerse myself in their negativity – the system is wholly evil in every way and to be resisted at every turn, Convicts are always right and the true measure of what is a good person, there is a romanticism about being an outlaw, weakness must be ridiculed, etc.

 

I grew out of that once I saw the inherent contradictions and double standards. I saw that many of the tough guys were insecure and inwardly weak, they had just built up a support system, so to speak, which would make them feel good and allow them to escape to an alternate reality where they are not a pariah. Eventually, the fake manhood of prison conflicted too much with my vision of manhood; true men aren’t bullies, they stand up for the weak, they stand for what is right no matter the consequences, they build up their community instead of tearing it down and preying on others…I realized that I wasn’t the man I wanted to be, I didn’t like who I was beginning to become, so I had to rebuild myself.

 

A big part of that was taking responsibility for my actions. I had felt no responsibility for killing my parents and hurting so many people as a result. It was their fault I killed them, they shouldn’t have treated me like they did. I ended up trying to convince myself that I was acting in vengeance against two absolutely evil creatures with no human worth – I glorified myself and dehumanized them. Becoming a man I could be proud of required that I be honest with myself. I acted out of weakness and fear and my parents, despite their actions, were just very hurt people trying to deal with their own demons. My actions weren’t noble and pure, they were ignorant, hurtful and wrong. Putting myself in the shoes of those I’ve hurt gave me a whole new perspective.

 

Before, while I was growing, all I cared about was myself and adapting to my surroundings. I’ve since come to the point that I hate my surroundings and don’t want to conform to them. There’s nothing cool about prison and the lost souls in here, being a somebody in prison is worse than being a nobody in the real world. My focus now is on helping others realize this in hopes I can vicariously live through them as they wash the filth of prison off themselves and become people who matter, real people, people I would give anything to be.

This post is the third in an eight part series of questions asked to and answered by Jacob Ind, who is currently serving LWOP in Colorado. Jacob was incarcerated at 15 and is now 30 years old.

Read Part 1 here. Read Part 2 here.

You’ve described a prisoner indoctrination process for new inmates that seems like a catch-22 situation where the “Fish” will be tested and is forced to fight (which will get him in trouble) or be victimized by the various groups inside. You’ve been in the prison system for nearly 15 years now and it sounds like you are able to sidestep associating with gangs and elements that are sure to get you into trouble. How long must a person be inside, or what has to happen for a prisoner to finally get to the point where he can be left alone to do his own thing?

Prison is a sick world. It is truly a case of the inmates running the asylum. In Colorado, the guards have quite a bit of control. Inmate rule is not absolute, but this is only compared with other prison systems. Not matter what, the guards only have the power that the inmates cede to them and individual inmates live or die at the whim of their peers. For instance, if all the inmates went on a work strike, and guards had to cook the food, clean the units, do the laundry, and do all the maintenance; the prison system would grind to a halt and would become bankrupt quickly. The system knows this so there is a constant back and forth when it comes to privileges and freedoms. Because of that, inmates have a great deal of control over who lives in their unit. If a snitch or a child molester moves in and the other inmates don’t like it, he will be forced to move. He’ll either make the cops move him (guards have been known to refuse to move someone who goes to them seeking protection, unless he makes his situation worse by snitching, and send them back in harm’s way), or he will leave on a stretcher. Since there is no protective custody in Colorado, people who are in that boat get bounced around from unit to unit; facility to facility, getting terrorized wherever they go. It is a miserable existence for them.

 

This reality makes it important to not violate the social rules of prison. There are levels of inmates and, just like in school, the higher levels pick on the lower levels. Rats, sex offenders, and “Check-Ins” (those who run to the cops for a protective move) are on the bottom rung. They are forced to pay “rent” (protection money), are robbed, beaten by new guys trying to impress people, can get raped with impunity, and are treated badly.

 

The run above them are “Nacks”. Basically, they are viewed as potential rats or Check-Ins. In this class are those who won’t fight or who allow others to “disrespect” them without retaliating with violence. People who refuse to break minor rules, like pass magazines in Ad-Seg, are also put on “Nack Status”. Nacks are wholly without protection for the most part. Some people are labeled Nacks because they don’t fit in but if they stand their ground, somebody will usually help them out. But those who refuse to fight or who flaunt the prison “ethic” are free to prey upon. Predators will try to intimidate them into turning into homosexuals, charge them rent, or scam them for their money. Refusal to pay up will result in an attempt to Check-In the nack, which is typically successful. Nacks also have no protection against slander. If someone thinks somebody has snitched on them, the Nack is the first suspect and likely to be attacked without proof. Basically, a Nack is a sheep among wolves.

 

The top rung of the prison social ladder is the Convict. He is the prisoner who doesn’t snitch, would rather go out on a stretcher than Check In, isn’t afraid to fight, and lives within the “Convict Code”. Within the Convict class are those who mind their business, gang members, predators and everything in between. Being a Convict comes with its privileges and responsibilities. A Convict is usually free from predatorial attack. Aside from the fact that a Convict is proven to stand his ground and predators are cowards, looking for easy prey, even if the Convict is the worst fighter on earth, others will keep him from getting jumped, robbed, or raped (or retaliate severely if it does happen) – as long as he continues to stand his ground. It also requires “proof” before a Convict is accused of being a snitch (such as court files). Rules like that are enforced with brutality. However, Convicts are also expected to participate in any demonstrations against the system, race riots, or keeping their fellow Convict of the same race from being jumped.

 

All new guys to the system are eventually tested to see what rung on the social ladder they belong on. Usually, even “fish” (new guys) who seem to be Nacks will be taken under wing and schooled, given a fair chance to prove themselves as Convicts. It is a crucial time because it is very unforgiving. Checking-In or snitching is never forgiven and will follow the guy for life (as will homosexuality). A guy may back down from a fight once or twice during this time if (and only if) he makes up for it by fighting whoever he backed down from – and even that is not guaranteed.

 

For young kids entering the system, they have to make critical decisions, life changing decisions, very quickly and which they are completely unqualified to make. Kids are notorious for making bad decisions and not looking at the long run. What they see is a class of people treated like crap (Nacks and the snitch class) and the “cool” guys coaxing him in. The fear of not being a victim becomes far more important than deciding what kind of Convict is the best to become for his future. The “coolest” guys are the violent gang members and they suck in the many kids who are just trying to fit in. Sometimes the more mellow Convicts get ahold of kids and steer them on the right path. But no matter what, the kid will be challenged and have to fight.

 

After a new guy in the system fights once or twice, he will be left alone as long as he carries himself correctly. If he projects weakness, he will invite attacks from bullies, but if he projects too much of a tough guy attitude he will be challenged by people trying to make a name for themselves or expected to participate in terrorizing the lower rungs of inmate society. Either extreme will cause far more problems than necessary. But even those who maintain a happy medium of confidence, but not aggressiveness will have to prove themselves every so often. In my experience, the lowest amount of problems one can expect and remain above prey status is one fight a year. There’s always going to be an asshole along the way which does something which requires a fight by Convict standards, especially when somebody is new to a facility. That’s just the nature of the wolf pack and make no mistake about it, those who run Convict society are vicious animals.

 

For most kids entering adult prison, it takes a while to find their niche (just like it does in the free world). We tend to have flirted with trying to be the cool guys and trying to be left alone but it takes years of experience and hard knocks to find ourselves and our place. Some never do and some, unfortunately find their place is at the top of the ladder. We weren’t equipped with skills to navigate this tumultuous sea and there aren’t any people there to prepare us for what to expect. We are thrown into the deep end to sink or swim with the sharks.

This post is a continuation of a series of questions posed to and answers provided by Jacob Ind from inside Colorado’s Supermax. Read Part 1 here.

What kinds of things are allowed and prohibited in General Population that might surprise people? How does that differ in Ad-Seg?

Ad-Seg is like prison within prison and is radically different than the General Population. It is no exaggeration that compared to Supermax, G.P. feels like the streets. In Ad-Seg you’re locked in a cell 23 hours a day, five days a week and 24 hours a day the other two. We’re allowed our TVs, but that is about it to occupy our time. We can get three library books a week from the library, but those go very quickly. Those who are fortunate enough to receive letters get to occupy themselves with writing but for most, their lives revolve around TV.

In G.P. there is a plethora of things to keep ones self occupied. Recreation is very important and there is usually some kind of sports league going on and weight meets to prepare for. I played on a softball and volleyball team when I wasn’t training for the weight meets. There are also inmate bands who practice every night as well as informal tournaments inmates hold among themselves. Every night there are basketball and handball games, pinochle matches, and even nerds playing dungeons and dragons.

During the day, people can avail themselves of numerous opportunities. There are vocational classes which teach everything from web site building to carpentry and there are industry jobs which someone can take into the free world as a career. Most guys have their days full between work and recreation.

Hobbies are also real big with guys in General Population. It will never cease to amaze me when I see a big burly tattooed convict crochet pink teddy bears or hats and scarves. A hobby which is against the rules but highly popular is tattooing. I’ve seen tattoos done in prison with motors stolen from CD ROM drives which blow away a lot of work I’ve seen from the streets. Many a prison tattoo artist have gotten out and made a good living doing it on the streets. Some guys spend all day tattooing.

Life in General Population can be very rich and productive while time in Supermax is bleak and stale. With so much free time it would be an ideal environment to learn, but educational opportunities are scarce in CSP. Those who need a GED can work on that, but there is no secondary education and we are prohibited from taking correspondence courses – even religious ones. Ad-Seg is down time, which is why so many people deteriorate over here and drama queens rule. In G.P. most guys are too busy to waste time on worrying about who has problems and how they can try to bully everybody. In CSP the drama queens plot and scheme all day long on who has done something they don’t like and how if this guy, or that guy is killed and if these guys start enforcing some prisoner rule the system will somehow become better. It is an incredibly negative environment full of dysfunctional guys with nothing better to do than spread their misery.

How is a person able to earn his way from Ad-Seg back to General Population? On the Frontline special when Andrew Medina was profiled, we were told that he’d been there for five years and the authorities said he hadn’t made enough progress to be sent back into General Population.

One of the most aggravating claims DOC makes is that guys can “earn” their way back to General Population and out of Supermax. There is a level system in CSP designed to allow a person to be rewarded for positive behavior through more phone calls and visits but there is a limit to how far that goes. Theoretically, once someone completes all of his recommended rehabilitative classes and reaches Level 3 for three months, he will progress to the reintegration unit and, upon completion of that program, go back to General Population. However, there is no rule or policy that says the inmate has to be allowed to progress into the reintegration program. There are guys who have not had any write-ups for years, have taken their classes, and have remained at Level 3, who have been repeatedly denied movement into that program. Andrew Medina was a perfect example of that. He’s a quiet kid who is not mixed up in the drama queen bullshit so prevalent here. He behaved and complied with everything they told him to do, but it had no bearing on him moving out of here.

The Level system and the reintegration program (called the Pro-Unit), while it sounds good on paper, is a bureaucratic nightmare. The whole purpose of a Supermax prison is to contain the most dangerous inmates in a prison system, who cannot be managed at normal prisons. Once the inmate is no longer a danger, he is to be released [into General Population], yet in Colorado people are housed in Supermax far longer than necessary, at a tremendous cost to the taxpayer, for the most ridiculous reasons.

Inmates at Supermax start off on Level 1. This lasts one week as long as he doesn’t get any “Chron Entries”. A Chron Entry is a notation in a log of “inappropriate behavior”. Unfortunately, there is no definition of inappropriate behavior. It is whatever an officer feels it is. Sometimes it is a minor rule infraction like sliding a string to another cell to pass a magazine (called “fishing”) and other times it is behavior which violates no rule whatsoever. I’ve seen Chron Entries for talking too loud at night (most guys are up late anyway), for having a “bad attitude”, and my favorite, trying to dictate cell assignments (the inmate had the gall to tell a sergeant who was switching an inmate from one cell to another that a lieutenant had promised another inmate that cell). It’s one thing if an inmate violates a rule, but getting penalized for conduct there is no rule against and therefore we have no reason to think is wrong? That is, well, retarded. Uncouth, I know, but what other adjective fits?

Level 1 inmates don’t have their TVs and get one phone call and visit a month. Level 2 inmates get their TVs and get two phone calls and visits a month. It takes 90 consecutive Chron Free days to attain Level 3 and Level 3 is the highest Ad-Seg level. Level 3s get 4 phone calls and visits a month. It takes 90 consecutive Chron-Free days and completion of the rehabilitation classes to be eligible for the Pro Unit.

So this is how it works in practice. If I am caught passing a magazine, I have to spend at least 3 more months in Supermax. It makes me such a dangerous, vicious animal, I need to be locked in a cage and cannot be trusted to be around other people. And heaven forbid a few months later I break an unwritten rule like telling an officer what a higher ranking officer promised another inmate, and that makes me a crazed madman, undeserving of human dignity for yet another three months. What’s worse is that the exact same behavior which results in a Chron Entry can result in a loss of Level – all depending on how the officer feels at the time. So passing a magazine can brand me a rabid, foaming at the mouth monster for six more months (3 months to get Level 3 back, 3 months before being eligible for the Pro Unit). This creates a situation where people remain in Supermax, not because they are still a threat, but because they’ve been caught in petty rule violations.

The Pro Unit is even worse of a nightmare. The Pro Unit constitutes Levels 4-6 and is considered a program. In the Pro Unit, we can have limited human contact. This means getting kicked out of the Pro Unit is equated with refusing programs. Refusing programs places an inmate on restrictive privileges until he can get into a new program, which can take 4 months or more. On R.P. status an inmate can’t have his TV, use the phone, get materials from recreation like art paper or crossword puzzles, buy food from the canteen, etc. It also bumps the guy down to Level 1 so he has to start all over again.

Getting kicked out of the Pro Unit is extraordinarily easy. The stressful part is that you can get kicked out of the Pro Unit for having done nothing wrong at all. Your success is contingent upon other people’s behavior. I’ve been in the Pro Unit twice. The second time I was there I saw someone get kicked out for refusing to snitch on another inmate. He was playing cards with a guy when someone came up and sucker punched the other guy. It was all caught on tape and the cops even admitted they knew he had nothing to do with it but said if he didn’t tell them who sucker punched the guy, he would be kicked out of the Pro Unit. Now, they know who did it, and had him on tape doing it, they just wanted the guy to snitch him off. They wanted him to risk his life by becoming a snitch just to play their stupid game. So he was busted back to Level 1 and condemned to at least another 6 months (probably a year) of Supermax, not because he proved himself a danger, but because he didn’t want to endanger his life.

 

So, as you can see, staying in CSP has nothing to do with being a danger or a threat. They often keep guys in here who have long since ceased to be a problem. Getting out of CSP has far less to do with positive behavior than it has to do with working your way through a bureaucratic nightmare with multi-tiered review committees, petty games and playing the system.

As I became interested in the cases of the juveniles sentenced to Life Without the Possibility of Parole (LWOP) in Colorado, I began studying the cases of the 46 juveniles still serving this sentence (the State of Colorado changed the law in 2006 and no longer sentences juveniles to LWOP; however, the bill changing the law did not allow retroactivity to be extended to the 46). I could not do this without learning about their crimes and their victims and the truth is, this is difficult to do and not feel pain all the way around. The first case I began studying was that of Jacob Ind. I lived in Colorado Springs, the nearest city to Woodland Park where at the age of 15, Jacob Ind murdered his mother and step-father. This happened in late 1992 and in our small city, the story was constantly on the television and in the paper. Jacob’s age, the circumstances of the crime and the allegations of years of abuse to Jacob and his older brother made this a sensational case. The judge in the case made it clear that her hands were tied and after hearing all of the evidence, she was deeply conflicted about the mandatory LWOP sentence she had no choice but to render. After seeing Jacob Ind on the Frontline special, “When Kids Get Life”, I read “The Murder of Jacob”, by Mary Ellen Johnson. The book provides a detailed history of Jacob’s family, his home life and the circumstances before, during and after the crime. Although the book was published ten years ago, not much has changed in Jacob’s life. If, after reading this series of posts you are interested in reading The Murder of Jacob to understand more about this case, please email me at lisa dot eudaemonia at gmail dot com and I’ll mail you a copy.

The purpose of this series of posts is to gain an understanding of how we’re handling the cases of juveniles convicted of very serious crimes and what happens to these juveniles once we’ve locked them up. I don’t pretend to have any answers, but my contention that juvenile LWOP and incarceration for juveniles in adult prisons is wrong remains strong.

This is the first in a series of posts comprised of a list of questions that I sent to Jacob Ind. I asked if he’d allow me to post the answers to any of them he wished to answer on this blog. Jacob doesn’t actually know what a blog is, but he understands the concept and realizes that anyone can read these questions and answers and even comment on them. Prisoners don’t have access to the internet and since he’s been incarcerated since 1992, he’s never used it.

I explained to Jacob that most of us have little or no understanding about the prison system. Because he was sent to prison for Life Without the Possibility of Parole (LWOP) at such a young age, Jacob understands prison culture better than he does ours. Because Jacob is now 30 years old, he has also spent more time in the prison system than most, if not all of the other juvenile LWOPs.

Jacob is exceptionally bright and articulate and I believe he understands that my intent in asking these questions is to get a feeling for not only what General Population and Ad-Seg/CSP/Supermax are like, but what it’s like to literally grow up in prison. I find his answers to be thoughtful, as balanced as they can be from someone in his position and a sad picture of what the transition into prison is like for a youthful offender.

Jacob has spent more time in Supermax than he has in General Population. Early in his sentence, he went to Supermax for a period of eight years. That means that he’s spent most of his incarceration in what I think most of us would call solitary confinement. Several months after the airing of “When Kids Get Life” on Frontline (I don’t believe he’s ever seen it), Jacob was returned to Supermax as a result of a comment he made during a lockdown at the prison in Limon that had been in effect for many weeks. Making the comment was a foolish move on his part and during the heightened security environment in the wake of an attack on a guard by a mentally ill prisoner, the result was a transfer to Supermax. He’s been there for several months now and I believe he is in the process of appealing the transfer.

My questions are bolded. Jacob’s answers are as he provided them to me; however, Jacob writes in all capital letters, so the choice to capitalize certain terms was editorial. Comments in brackets are mine also and have been added for clarification.

It seems to me that many of the juveniles who’ve been convicted and sent to adult prisons seem to spend extensive time in administrative-segregation, which I assume means they are confined to a cell, alone for 23 hours a day. From the outside, it looks like someone who would be subject to this punishment, must be a trouble maker and must have done something terribly wrong. Three out of the five Coloradans profiled on “When Kids Get Life” have done time in Supermax and in fact, you were there for eight years previously and now you’ve been sent back. Can you explain why people, especially younger people seem to spend so much time in Ad-Seg? We’re repeatedly told that CSP is where only the worst of the worst hardened criminals are housed. Hasn’t everyone there killed someone in prison or attacked a guard or tried to stage a riot?

It is actually a bold faced lie on DOC’s part to say that Supermax is for the “worst of the worst” and that they need so many Supermax beds. Colorado is a low violence state. Systems like California, Arizona, New Mexico, Texas, etc. have far more incidents of beatings, stabbings, rapes, and assaults on cops [note: when Jacob refers to cops, he’s referring to corrections officers], per capita, than Colorado. By comparison, Colorado is a “soft” prison system. Yet, when compared to other states, Colorado has a disproportionately high number of Supermax beds. It takes so much more money to run a Supermax Unit that they are compelled to keep it filled at all costs to justify the expense. As a result, they have guys in here who are here for protection instead of their danger to security (because Colorado doesn’t have a protective custody, some guys act up just so they can come or stay here and be safe) and guys here who, in any other state would never be Ad-Seged.

That’s not to say that there aren’t some legitimately scary people here. There are people in CSP for escapes, killing inmates, assaulting staff, rape, etc., but I know guys who have spent time here for absurd reasons. A perfect example is [name omitted]. He ended up in Supermax for sending a letter to [omitted] County Jail in which he called someone up there a “teller”. He said nothing of attacking the guy or anything like that and the letter wasn’t even delivered. For that he spent over a year locked in a cage like an animal and treated on par with guys who rape their cell mates or who kill others.

Most common, however, is for guys to be here for some ambiguous accusation of “Security Threat Group” (gang) activity. In Colorado anybody can be labeled as an STG member and it cannot be disputed or challenged. I had a friend they labeled as both a “Blood” and a “White Supremacist”. We all got a chuckle out of that because it is so ridiculous. “White Supremacist” is their favorite label for whites because it is so generic and easy to “prove”. If a white guy in here has any white friends, some are sure to be “racist” and that makes him guilty by association.

Mexicans and Blacks have it just as bad in some ways and easier in other ways when it comes to STG labels. The majority of minorities coming into prison belong to a gang so those who aren’t in a gang still end up making friends with mostly members of one gang type or another. That allows DOC to easily claim that they’re associates of that group, but because there are more formally organized gangs with minorities it is easier for DOC to identify true members and not just associates.

What is hard on the young minority kids coming into prison is that they’re expected to remain loyal to their gang and some of the older gang members are not above exploiting the youthful urge to be accepted and to fit in. Black youth seem to be better off than Mexican kids because the Nation of Islam has enough of a following in here that if a Black kid chooses to drop his gang for The Nation, he’ll mostly be left alone. The Mexican kids don’t have a group like that, so if they leave their gangs they do so without any support. Prison is a scary place and with all the other pressures on a kid, he is not likely to abandon his support group.

That is what gets most of the juvenile offenders in trouble and sent to Supermax. DOC has the view that if they go astray it will “send a message” and scare them straight. Instead of recognizing the vulnerable position the kids are in and taking steps to intervene and redirect the youth, they lock them away until they are more manageable. The first time I went to Supermax, the mantra was “you’re young and have life” to justify keeping me here for so long. It had nothing to do with behavior, they just figured that since I was young and caught with a piece of rebar that I would be a menace until I was older.

That’s the boat Andrew Medina was in. If it wasn’t for the new mental health program which sidestepped the draconian members of the review board, he’d still be there. [Andrew Medina was shown on the Frontline Special, “When Kids Get Life” in May of 2007. At that time he had been in Supermax for over five years. He has subsequently been moved to General Population in the Centennial facility in Colorado]. That guy took his classes and stayed out of trouble, but it didn’t matter. He was young, looks very young, and has life so he wasn’t fit to be released. DOC locks away its perceived problems instead of dealing with them. It is far easier to send kids to Supermax instead of creating programs suited for their adjustment to prison. It’s the same old prejudice that youthful offenders are “Super Predators”. The truth is that we were just like any other kids and, like all kids, were liable to get into childish mischief and stupid trouble, like mouthing off to cops [note: Jacob is referring to corrections officers inside prison, not to the crimes that got the youthful offenders there]. Juvenile systems country-wide manage to deal with it without resorting to Supermax prisons, but then again, juvenile systems are designed to deal with kids, adult prison isn’t.