Friday, May 12, 2006

Prison Mis-classification Wastes Billions of Dollars and Many Lives
By Ron Schilling
Re: Prison mis-classification, and billions of dollars in wasted tax revenue

To whom it may concern:

Enclosed please find copies of the following documents:
(note :we have put these in other posts in this blog))
A 4-page letter to the United States Supreme Court clerk, dated 24 April 2003;
a 1-page letter of appeal to the Classification Director, dated 07 April 2003;
a 7-page letter of appeal to the Parole Commission Chairperson, dated 07 April 2003, with the attached 13-page letter addressed to the Assistant District Attorney, dated 17 April 2002;
and a 1-page Social Service Chronological Recording, dated 27 February 2000.

Taken together, they tell quite the saga of prison mis-classification and the resulting collateral consequences.

The Department of Corrections in the State of Wisconsin currently has in place and enforces prison classification rules and parole rules which conflict with one another, making it virtually impossible for prisoners to ever be properly classified and earn their release on parole; a right they retained prior to the implementation of the rules.

A fair reading of the enclosures presents that a clear and unequivocal "catch-22" is created by the rules' combined operation.

If the mis-classification issue were properly addressed it would impact the correctional system on a fundamental level. As the enclosures depict, there is a definite problem with the way the classification and parole rules conflict with one another, forcing every prisoner to serve until their MR, PMR or discharge dates. The matter is made worse for Lifers since they do not have those options to begin with. It ultimately leads to the classic "catch-22" situation where a prisoner cannot be properly classified. Potentially forever.

I have personally been litigating against this precise issue in various State and Federal courts since 1989. After I prevailed in 1990, where the Judge declared the rules to be in violation of the Constitution, I was properly classified until 1998, when DOC began using the rule again. This rule still creates the same effect of the "catch-22" controversy mentioned in the enclosures, and is a designed result of the rules' operation. Consequently, it is the predominant reason for the massive overcrowding in the prison system, needlessly costing the taxpayers many billions of dollars.

Please feel free to use all of the enclosed materials to show concerned individuals exactly what is going on. If someone needs to know more about the technical legal arguments, all of the briefs and pleadings are on file with the court. The federal pleadings are the most refined, and would probably provide the clearest indication of what is happening in Wisconsin.

The short citations and case numbers are thus:
Prison mis-classification Page two.
In the Federal District Court for the Western District of Wisconsin, in Madison, Schilling v. Gudmanson, Case No. 98-C-565-C (W.D.WI 2002); In the Federal Court of Appeals for the Seventh Circuit, in Chicago, Schilling v. Karlen, Case No. 02-1982 (USCA7 2002); and
In the United States Supreme Court, in Washington D.C., In re Ronald S. Schilling, Case No. 02-8655 (USSC 20_).

The entire prison industry is not so much a moral failure as it is a designed systemic failure, geared to maintain exploding prison populations and satisfy the requirements for obtaining the billions of dollars in federal grants. Moreover, from a public-safety point of view the system is making matters worse. And from every perceivable angle, it is by design. Can it be turned around? There has to be a commitment to make sweeping changes in the system, but I do not imagine those sacrificial changes coming on their own. The system will not sacrifice itself for the sake of correcting corrections, or doing the right thing for the public good.

In closing, I thank you in advance for any and all attention you can bring to this important matter. Please feel free to contact me personally if you have any questions about any aspect of this matter.
Ronald Schilling

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