Felons: Free but Still Shut Out

Felon. A word whose meaning seems so at odds with its sound. That soft fricative “f.” That sonic resonance with other lovely “f” words: feline, female, fellow. That rhyme with “melon.” A word whose first use was recorded in the 14th century to denote one who commits “an act on the part of a feudal vassal involving forfeiture of his fee.” Like “villain,” (one from a village), the word has evolved over time in meaning from a marker of societal status relative to a powerful authority to one denoting criminal activity and immorality. Though the original meaning of “felon” (feudal vassal) has gone the way of the feudal societies to which it was attached, the sense of forfeiture has survived.

I have spent a lot of time wrapping my head around the word “felon” this last year. Knowing a young felon intimately who was convicted of a non-violent crime, agreed to a plea bargain, did 8 months in a state minimum security prison, and was released in May, I’ve taken an interest in this growing segment of our population and of the post-incarceration fetters imposed on them by our criminal justice system.

First off, what numbers are we talking about here?  As of 2014, around 24 million people in the US (close to 10 percent of the adult population) had a felony conviction. This number is not surprising when we consider the fact that the US locks people up at a higher rate than any other country on earth.  Our prison population weighs in at 716 per 100,000 people. Alarming when you consider that more than half of the 222 countries with prison populations tracked in one study record a rate of 150 per 100,000 people.

There are many implications of this state of affairs, not the least of which is the very disturbing evidence for racial bias in incarceration rates and the clear connection to political delegitimization of people of color. (Note that state laws barring people with felony convictions from voting date to the late 19th and early 20th centuries, when Southern lawmakers worked to neutralize the black electorate.)

But here I’d like to simply address the effects on felons AFTER they have served their sentence. In fact, I wonder why they are still labeled “felon” at all once they have paid their debt to society. As noted in a New York Times editorial in May of 2016, the very “vocabulary of incarceration — the permanently stigmatizing way we speak about people who have served time — presents a significant barrier to reintegration.” On top of this psychological barrier—and the many typical challenges felons face, such as limited family support, a spotty work record, low level of education, outstanding fines, and substance abuse and mental health issues—ex-offenders (note that “ex”) face myriad legal restrictions as well. Among many others, these include:

  • Restrictions on housing (most apartments, especially corporate owned, will not rent to felons);
  • Ineligibility for financial aid;
  • Difficulty finding a job;
  • Ineligibility for some professional licenses;
  • Ineligibility to enlist in the armed forces; and
  • Loss of voting rights

That last restriction alone has received much attention this election year. Consider that in 2016, state laws barred nearly 6 million Americans with criminal convictions from voting in the presidential election. About 4.4 million of those are people who are not in prison but were still denied the right to vote. And if you home in on the rate by state alone, the percentage can be even more alarming. For example, a whopping ten percent of Florida adults can’t vote due to felonies.

So, why does this situation continue when a national survey shows that most Americans think that people who have committed felonies and served their time should be able to vote? I have no answer to that question, but I suspect it has something to do with politics, economics, and a judicial system geared towards punishment rather than rehabilitation.

Certainly there are bad, dangerous, and, arguably, irredeemable people in this world. But too many times we think in black and white about convicts; we fail to distinguish among them; we have no time to consider narratives of how each ended up behind bars. The system is complicated. Just the other night, a friend of mine pointed out what “animals” so many of the incarcerated are. Perhaps this is true. But perhaps our “correctional” facilities have some hand in completing the transformation of a human being into an animal unfit for society.

I don’t think I am naive about the criminal mind or about evil, but I do believe real rehabilitation must be an option for the many non-violent prisoners crammed into our often for-profit facilities. And I believe those felons who have paid their debt and make real efforts to rejoin society as productive citizens should be given a better chance.

Witnessing the obstacles my own young felon faces has certainly raised my awareness of this issue. But Charli Mills’s recent flash fiction challenge prompted me to write about it now. The prompt happened to coincide with a visit I made to accompany my felon to a residential drug and alcohol rehab center last week. Waiting in the dawn cold with a few other early comers hoping to get one of the limited beds that day, I listened to a couple of middle-aged individuals talk about their addictions and about the cascading legal problems and social isolation that has resulted.

Here is that December 2, 2016 prompt: In 99 words (no more, no less) write a story about something or someone not allowed. Maybe it’s about gender, race or other intolerance. Maybe it’s the cat who paws at the door, but not allowed inside. Maybe it’s a trail where dogs are not allowed. Go light, go dark, go where the prompt leads you.

Closed Doors

Her name is Karen. She stands outside in the dawn cold hugging a drab olive overcoat around her. “I’ve got to get this bed,” she said.

“What will you do if you can’t get in today?” I asked. “No family to stay with?”

“They gave up on me. My sister helped, but I burned her out too. Too many relapses.”

“That’s rough,” I said.

“I’m not a bum,” she said. “I’ve got a degree. Got a job with Easter Seals this year. But when the background check came back, they let me go.”

She shook her head. “No felons.”

 

 

 

 

 

 

 

Power: Getting It, Losing It, Regaining It

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We’d seen the lights from the prison complex the night before, long before the actual buildings appeared just outside Winslow on Highway 87. Night had fallen black and featureless, and they shone over the horizon like the glow of a distant city, dwarfing the illumination of the town itself. When we came abreast of the starkly lit compound, the barbed wire fences and long squat buildings suggested more than anything an emptiness. A waiting. Then the darkness swallowed us up again.

Winslow. The Winslow of “Standing on a corner in Winslow Arizona.” I’d long thought it would be fun to stop at the actual corner that the song celebrates. After all, the Eagles had provided the soundtrack to my college years. When, this last weekend, I found myself but a couple of blocks away, my mental energy was elsewhere.

I was in Winslow to see my son. My beautiful son. My son who is addicted to heroin. I could say he is an addict, but I dislike ascribing an identity to him in that way. As a friend pointed out, his addiction does not define him. Yet it has defined his life over the last half a decade. And that life went its predictable way since he started using heavily. He lost his job. Became homeless. He was in and out of jail for a year and a half. In and out of rehab, though never seriously in. Last September, he did himself the favor of not avoiding the police when he returned to an apartment he’d been staying at to find two officers responding to an unrelated theft. He was questioned, patted down, arrested. This time he got prison, not jail.

It was my first visit to the Arizona State Prison Complex, though my son has been there since November. A visit is of course not a slap-dash, spontaneous kind of event. There is the enormous task of figuring out the bureaucracy, paying fees for background checks, learning how to set up prepaid calls, and applying for visitation rights. I was approved before Christmas. Both my husband and my sister, for reasons I won’t go into, were denied. Finally I could wait no longer. I would go alone.

Even before Charli Mills put out the prompt on power last week, I had been thinking about the theme. I had been pondering it in relation to my son. In particular, I had been thinking about the lack of power, about throwing away one’s power. That led me to reflect on just how we get power, on what power I had, on what power remained to my son in his present circumstances.

I talked to my husband about it. I was thinking of power as force, but he pointed out how power is influence, the ability to effect an outcome. He noted Alvin Toffler’s book Power Shift in which the author identified three distinct kinds of power: the physical, the financial, and knowledge. So, I surveyed my own power or influence, checking my examples against Toffler’s basic formula but also including others. I have the power of knowledge, afforded by a curious mind and a decent education; some financial power in the form of a regular income and good credit; the physical power of a healthy (as of yet) body (and still functioning mind); the social power I might exert through my network of family, friends, and associates; the political power of my vote (I still think that is worth something); the power afforded by my autonomy and relative freedom; the power afforded to me by the rights I enjoy as an American citizen; and the power to influence my own circumstances through discipline, self-regulation, and self responsibility.

It’s not a great deal of power, but I was satisfied for the time being to know I had at least a modicum of the precious stuff.

In contrast, my son has been rendered almost powerless. I was reminded of just how powerless when we drove up to the stark, isolated complex on Saturday. It was a cold, bright morning. A guard checked our IDs at the gate and waved me in as my husband turned the car around to leave. The guard then instructed me to stand behind a portable trifold fence while a leashed German shepherd made a few sniffing passes on the other side. Satisfied that I was not carrying any drugs on my person, he then directed me to a nondescript building at the end of a short road. Once inside, I filled out the requisite form, removed my shoes and sweater for inspection, handed over my baggie of coins (up to $30.00 permitted for vending machines) and the one unopened pack of Marlboro reds I had bought for my son. I was told to open and empty the contents of the pack into another baggie. Then I passed through the security booth, gathered up my items, and entered the visitation room.

Inside three or four families of visitors had preceded me. They sat on cheap plastic chairs around battered square tables visiting with their orange-clad inmates. Around the perimeter various vending machines offered the usual chips, sodas, water, and weak coffee. I wavered for a moment surveying the choices of table. “You can sit anywhere,” a woman called jovially to me. She clearly knew the routine. An armed guard sat behind a folding table on the far side of the room, next to a locker that I later found contained board games and playing cards. He rose and asked me my inmate’s name. Then he moved to a locked door leading out into the yard and called it out. A moment later I heard it amplified by loud speakers. I was happy it was his name and not his number.

I chose a table within sight of the door leading to the yard. Periodically the guard stepped through it to see if any inmates had lined up outside to be admitted. I eagerly peered through each time he opened it, anxious to see that familiar form. I felt the keen anticipation one has when waiting in an arrival lounge at the airport.

At last he came through. At 6 feet 2 inches, my son has towered over me for the last five years, and the old pride of having to rise up to hug him returned. (The simple maternal pride of having produced this man.) He has a high-bridged prominent nose, dark, thick eyebrows and eyes the color of strong tea. These features were as familiar as always. But his strong, thick arms and shoulders were something new. As were the orange sweatshirt, pants, and slippers. I had not hugged him since last May. I had not seen him since then, except for the two times in court last November. Both times his wrists and ankles had been shackled.

We spent the next four hours talking, playing checkers (as we had so often done when he was a boy), and going out to a separate yard where he could smoke. He spoke of his arrest, of feeling like the moment had come to get out of the life he’d been living, of knowing there would be no other way he could stop using. He spoke of events in his recent past, some painful for me to hear. He spoke of his future, of what he wants and hopes for. And we spoke of power. Of being empowered.

And that is what I hope for him. That of the qualities on the list I made for myself above, my son achieves the last three while he is still incarcerated: the power to influence his future through discipline, self-regulation, and self responsibility. Those three strengths are the basis of all power to come. And those three qualities, if externally enforced now, can be bolstered internally.

Here is my flash on the theme of power. Thanks to Charli Mills for another provocative prompt. February 3, 2016 prompt: In 99 words (no more, no less) write a story that explores the question, “What good is power?” Is it a story of empowerment, or a story of a dictator? Poke around power and go where the force takes you this week.

The Power Remaining

He’d learned the unwritten rules in the first weeks. How he had to back up his own kind. Step into a fight between a white inmate and the blacks or Hispanics. Take another inmate with him anytime he talked to a guard, insurance against a false report on either side. And how to look out when someone got high on contraband dope.

The dope. He’d been offered it. Had fought the memory of the pleasure of it in his veins, the release, the purest happiness there could be.

But he’d resisted. It was the one power remaining to him.