INVESTIGATING THE INVESTIGATIONS
FDOC "surprise inspections" are exactly like hospital and nursing homes that are 'inspected' by the Joint Commission: The prison workers know exactly when they will be inspected and exactly what the inspectors will be looking for and are ready for them. Immediately after the inspectors leave the door things go back to the way they are. I have said this before and I will say it again, we really need to get an in with some politicians here in Florida to take up this fight. We can email and discuss things and have Rally's but someone official needs to take up this fight. I would think maybe drafting a group email and all of us making our own comments and using our own names, addresses etc will help. I may be wrong but I would think the female politicians may be more interested or helpful. What do you think? Tell them about the rally etc draft a good letter and let us tell them how much money is being wasted on this contract and how ineffective the whole system is. Facts Facts and Facts need to be addressed issue by issue - no emotions just facts.
INVESTIGATING INVESTIGATIONS
MTWT has begun to investigate DOC "investigations". We've found this necessary because nearly every investigation we've ever called for has exhonerated the officers involved, even when we absolutely KNEW better. Methods for monitoring DOC 'investigations' include using PUBLIC RECORDS - and the FOIA, which guarantees us the right to obtain them.
In going through these public records, certain facts have become very obvious: In general, the investigators and inspectors of the Florida DOC have no more intention of arriving at the truth than the rest of the department.
Public Records of formal investigations should ALWAYS include the taped recorded statements of the officers and prisoners questioned.
After hearing a few of these tapes, you can pretty well guess how the "accused" officer's statement will begin: "AT NO TIME, HAVE I EVER..." They may continue, "At no time have I ever abused, threatened... this inmate," or words to that effect, but they ALWAYS begin, "AT NO TIME HAVE I EVER..."
And you can pretty well guess how the investigation will end.
When we found out from an employee of the department that most investigators in the DOC come up through the ranks, many of them having committed the same crimes and infractions as the guards they are now 'investigating', we realized that this index was a necessary addition if we are to really make the walls transparent.
**There is a cost in obtaining these records (digging for the truth is never cheap), but the insight into the department is well worth the money spent. If anyone cares to help with the funds to obtain the FOIA Public Records that we work with to expose errant guards and aleviate the prisoners' plight, please contact Kay Lee or Lindy Shelby.
Inspector General Fred Schuknecht, Florida DOC
Inspector Donna Hoffman, Region I
Inspector Perez, Region IV
Inspector White, Calhoun CI
Inspector Kent, (was) Hendry CI
Inspector Benjamin Smith, Walton CI
(Mr. Smith's son is an officer at Walton as well.)
Florida Statute 944.35 4(b)
Any person who knowingly or willfully submits inaccurate, incomplete, or untruthful information with regard to reports required in this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082
Florida Statute 944.35 4(d)
Each employee who witnesses, or has reasonable cause to suspect, that an inmate or an offender under the supervision of the department in the community has been unlawfully abused ....shall immediately prepare, date, and sign an independent report specifically describing the nature of the force used or .... ...the location and time of the incident, and the persons involved... The inspector general shall immediately conduct an appropriate investigation
Florida Statute 944.32
Reports of prison inspectors; recordation; inspection.-- Upon completing an inspection of a correctional institution the inspector shall make a full and complete report on such forms as shall be provided by the department. One copy of each report shall be filed with the department, one copy shall be sent to the officer in charge of the correctional institution, and as many other copies as the department shall require; these reports shall be matters of public record and subject to inspection by the public at any time.
The 2002 Florida Statutes
Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter
944
STATE CORRECTIONAL SYSTEM
Florida Statute 944.33Failure of inspector to make report; false report; penalty.
--If any prison inspector shall fail to make a report of his or her findings, he or she shall be immediately discharged and shall not be again employed in such capacity.If any prison inspector shall knowingly make a false report of his or her findings, he or she shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
944.31 Inspector general; inspectors; power and duties.--The inspector general shall be responsible for prison inspection and investigation, internal affairs investigations, and management reviews. The office of the inspector general shall be charged with the duty of inspecting the penal and correctional systems of the state. The office of the inspector general shall inspect each correctional institution or any place in which state prisoners are housed, worked, or kept within the state, with reference to its physical conditions, cleanliness, sanitation, safety, and comfort; the quality and supply of all bedding; the quality, quantity, and diversity of food served and the manner in which it is served; the number and condition of the prisoners confined therein; and the general conditions of each institution.
The office of inspector general shall see that all the rules and regulations issued by the department are strictly observed and followed by all persons connected with the correctional systems of the state. The office of the inspector general shall coordinate and supervise the work of inspectors throughout the state. The inspector general and inspectors may enter any place where prisoners in this state are kept and shall be immediately admitted to such place as they desire and may consult and confer with any prisoner privately and without molestation. The inspector general and inspectors shall be responsible for criminal and administrative investigation of matters relating to the Department of Corrections. The secretary may designate persons within the office of the inspector general as law enforcement officers to conduct any criminal investigation that occurs on property owned or leased by the department or involves matters over which the department has jurisdiction.
A person designated as a law enforcement officer must be certified pursuant to s. 943.1395 and must have a minimum of 3 years' experience as an inspector in the inspector general's office or as a law enforcement officer. The department shall maintain a memorandum of understanding with the Department of Law Enforcement for the notification and investigation of mutually agreed-upon predicate events that shall include, but are not limited to, suspicious deaths and organized criminal activity. During investigations, the inspector general and inspectors may consult and confer with any prisoner or staff member privately and without molestation and persons designated as law enforcement officers under this section shall have the authority to arrest, with or without a warrant, any prisoner of or visitor to a state correctional institution for a violation of the criminal laws of the state involving an offense classified as a felony that occurs on property owned or leased by the department and may arrest offenders who have escaped or absconded from custody. Persons designated as law enforcement officers have the authority to arrest with or without a warrant a staff member of the department, including any contract employee, for a violation of the criminal laws of the state involving an offense classified as a felony under this chapter or chapter 893 on property owned or leased by the department.
A person designated as a law enforcement officer under this section may make arrests of persons against whom arrest warrants have been issued, including arrests of offenders who have escaped or absconded from custody. The arrested person shall be surrendered without delay to the sheriff of the county in which the arrest is made, with a formal complaint subsequently made against her or him in accordance with law.
| CALHOUN GRIEVANCE SYSTEM | TAYLOR CI INVESTIGATION |
| HOLMES CI INVESTIGATION | *** |
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MTWT is divided into 12 Self-Explanatory Major Indexes:
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MAIN INDEX |
TOOLS OF "CORRECTIONS" |
OPEN LETTERS |
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GUARD INDEX |
OUT-OF-STATE PRISONERS |
ISSUES & RESOURCES |
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PRISON INDEX |
SMUGGLER'S TALES FROM JAILS |
INSPECTOR'S INDEX |
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FAMILY INDEX |
FBI CITIZEN COMPLAINT |
A BETTER WAY |
TO THE READERS OF THIS WEBSITE:
I would like to make it clear to those reading these words that in no way should anyone interpret this site as trying to interfere with the operation of any institution, facility or agency of the U.S. Government or of any state of the United States. The information on these pages is not intended to disrupt the smooth, lawful running of prison facilities, but to force the true costs of the incarceration of over 2 million people to be brought to light.
I have always adhered to the teachings of Gandhi and fully encourage non-violent, non-acceptance of immoral incarceration. I absolutely believe that if a peaceful non-acquiescence was to take place, the results would be phenomenal.