Category Archives: mandatory minimum drug sentences

Coming to Terms with My Term

VINCE

August 10, 2014

Excluding good time, and any other early release programs, my release date is July 25, 2017.  If I am accepted into C.I.P.  I will leave prison six months from the day I arrive in Willow River.  The Challenge Incarceration Program there, otherwise known as boot camp, is designed to be as fast paced and rigorous as army boot camp, but also includes drug treatment, education, cognitive thinking skills classes, job training, and when that’s over there’s a 6 month intensive supervised release that they say is the real challenge.  For 6 months: every day is the real challenge.  For 6 months: everyday contact with an I.S.R. officer.  Drug tests 4 times a week.

Must spend 8 hours a day actively seeking employment until you have a full time job.  AA/NA involvement.  Community service, 8 hours per week.  I.S.R. officers can walk into your home at any time day or night with the key you have provided them.  They can follow you.  Their job is not to help you succeed.  Their job is to make sure they are there to catch you slipping.  They give you one fuck up.  Then they put on an ankle bracelet.  If you mess up again you go back to prison for your full term and they add on six months.  Id’ be out in 2019.  Oh, and to not be a burden to society, they take your pay check.  Pay your bills, give you some small allowance and keep the rest.  After that is parole for one year.  Then I’m free.  :-/

Believe it or not the success rate is quite high.  Recidivism is low.  And everybody comes out of boot camp in the best shape of his life.  5 miles rain or shine, daily workouts, healthy diet.  Sounds like a challenge to me.  I can’t wait.  Oooh but I will.  My guess is that I’ll get to go to boot camp in roughly 3 months.  Until I leave St. Cloud, I’m locked in my cell for an average of 21 hours a day, 23 on weekends.

Cho Mo

VINCE

Today I was supposed to get my indigent canteen order.  It didn’t show.  It would have contained necessary hygiene items and two envelopes.  The weekly allotment.  So for now I will continue to write, and stink.  Oh Shit.  It would also have contained the paper and pens with which I could have continued to write.  So. I will do what I can.  My roommate gave me some soap and toothpaste to get me by. But it is prison, so now I have to blow him.  Ha, ha, ha.  Just fuckin’ with ya!

Yesterday there was a fire in the B Annex.  That is the unit next to and slightly above the one I am in.  It is much smaller and houses low risk offenders with jobs.  Apparently it’s true, if you don’t clean out the lint trap regularly, it will start a fire.

Because there was a lot of smoke, we were all hurried into the gym where we sat for about two hours enduring countless head counts and absolutely no air circulation.  Hot.  On the plus side we got to see a cho-mo beat down.

Cho-mo is the term we use to describe the soulless people who have raped, molested, or both, another human being. Because the State of Minnesota protects these people, because of their sexual preference, it is a hate crime to knowingly assault a child molester or rapist.  Fortunately, we have people in here that don’t give a fuck.  I call them heroes, the 25-to-lifers aren’t going anywhere soon.  So they take it upon themselves to punish those people that society does not allow the victims to punish.

To all those out there, victims of torture, rape, molestation, child endangerment, elderly abuse, and worse, we have your back.  Nobody makes it through here.  A simple phone call to the outside with a name.  The internet does the rest.  They only have to use the MN DOC website.

Murderers, life long dealers, thieves, animals.  I live with them all.  And to be truthful, almost everybody here is a decent person.  When pushed to the edge, everybody can snap.  But we all come together to deal with each cho mo.  Usually somebody is selected from the same race to administer punishment.  And it’s not just once.  When they get to their permanent homes, C.S.C.s (Criminal Sexual Conducts) will be extorted, beaten, raped by men, that are otherwise not gay, and in the worst cases, killed or crippled.  So if any of you think they punishment by the law is too light, which it usually is, people here make sure they live here in constant fear.  It seems that sex offenders do repeat a lot until they actually have to go to prison.

As an example, the first time I saw a beat down was on my third day.  Two men came from behind me and launched an attack.  One grabbed the cho mo’s arms and held them while the other punched so hard over and over in the face that the cho mo coughed up blood and it came out through his cheek.  The guards accidentally filled his face full of mace instead of the attackers.  Oops!

Boot Camp

ANNE

After Vince does his time, he tells me, they’ll send him to boot camp. “What is that?” I ask. “Just what it sounds like, mom. Just like boot camp if I were going into the army.

“But you’re not going into the army.”

“Well I don’t know what the point is, but I’ll do whatever they want me to do to get out of here.”

Boot camp. Great preparation for army life, sure. But not for real life. An idea that sounds good, until you actually use your brain and think about it. Somebody’s ill-conceived, half-baked plan to “whip those criminals into shape.”

Boot camp seems to be the pat, knee-jerk answer to everything nowadays. Overweight? Sign up for booty-busting boot camp at your gym. Teenage son out of control? Send him to some boot camp-style ranch in South Dakota. What’s next, meditation boot camp? Colicky baby boot camp? Alzheimer’s patient boot camp?

I have never been through boot camp but my sister and one of my brothers have and I’ve seen all the movies and TV shows. My understanding is that every detail of your life, every waking moment of your day is tightly scheduled and controlled. All decisions are made for you. You have no choices except whether to stay or quit.

I have also heard the stories of young people discharged from the services, no longer with any routine or anyone telling them what to do, and they’re bored and at loose ends and don’t know how to manage their time and that’s where the drinking starts and then to your surprise they’re re-enlisting.

I in no way mean to disparage armed services personnel by saying that prison life seems much the same as being in the military. Lights on at the same time every day, sharing your personal space with lots of other people of your gender, make your bunk, meals served to you, a time for exercise, a time to make phone calls, a time to shower, lights out at the same time. No bills to pay, some routine job if you’re lucky.

Except ex-cons don’t come out as heroes. There is no GI benefit, Michelle Obama isn’t cheerleading for them, there’s no VA medical system (let’s hope a flawed VA system is better than nothing?).

Worse Things

VINCE

August 5, 2014

Today I received my official classification score and recommendation from the Minnesota Department of Corrections: 3 points, Level Two Minimum.  It is about as not dangerous to society as a person can be, that’s me.  Sentenced to 50 months I would now like to present a list of things our state deems less dangerous than a person with 6 grams of meth in their hands.

Criminal Sexual Conduct 3rd Degree to include: sex trafficking, using a minor in a sexual performance in pornography

Possession of said porn will get probation, but not prison.

You can solicit a child for sex and if you have done it before, you could face probation.  Third time, you may receive up to 15 months in prison.  That’s just sex.

Here are some other things you can do to avoid prison in Minnesota:

Financial exploitation of a vulnerable adult (up to $35,000)

Shoot a gun in a city bus, or at one

Run from a cop

Kidnap and release a person

Assault a person with bodily harm

Fail to affix tax stamp to heroin

Starve a retarded person

Negligently discharge an explosive

Shot to kill a person while hunting

Kill somebody with your car

Kill an unborn baby

Stalk a person (UP TO 3 TIMES!)

Bribe

Assault a vulnerable adult

Bring a dangerous weapon on school property

Malicious punishment of a child causing substantial bodily harm

Violate a restraining order

Bring a gun to court

Start a building on fire with people in it

Beat your husband or wife (but only twice)

My favorite: Illegal molestation of human remains.  You can do that four times before you see 12 months of prison.

Now some of these have various ways of being explained and I put my little spin on some.  But they are all on the MN Sentencing Guidelines Grid and Offense Severity Table.  I am in 8-1 Severity 8, Criminal History Score 1.  Bottom of the box sentence because I spoke to the judge at sentencing about life and what I wanted to do with it.  She liked me and gave me over 4 years to think.

[ANNE: The day after Vince sent me this post (and I was feeling skeptical about what he’d written) I saw an article in the Star Trib about a chiropractor who had pleaded guilty to raping a patient, and would be sentenced to no more than 4 years in prison.]

Unraveling

VINCE

February 2006

Almost five years into sobriety, things were unraveling in my life.  Things assuredly appeared swell on the outside.  But my desire for chaos prevailed when I decided to practice for an upcoming Caribbean cruise by having a couple of drinks with my girlfriend Sarah.  I enjoyed a really good Italian beer, and a sip of her fancy woman drink that night.

The next night, sans girlfriend, I downed half a bottle of Jack Daniel’s alone at a local pub.  I woke up with the worst hangover I’d ever had.  I vowed I would never drink again.  And I didn’t.  Until the cruise the next week.

Viva la Mexico!

A few days after my relapse and before the cruise, Sarah, with whom I was going on the trip, broke up with me.  I really didn’t see it coming.  We had gotten along so well.  She was beautiful, smart, and funny.  All the things everybody looks for.  I took it pretty badly.  Blamed myself, then her.  Then me again.  But we still went on the cruise.

If you have never been on a cruise, I have two pieces of advice for you.  #1: Do it!  #2: Bring all your money (don’t forget your savings).

I spent most of the cruise on a pretty good buzz.  We went from Miami to Costa Maya, to Grand Cayman, to Jamaica.  I almost drowned in Grand Cayman after my snorkel filled with salt water and I was in 7 feet of water.  Until then I had never been in a body of water that had currents.   I say I almost drowned because my lungs filled with burning water and I panicked.  Until then I was unaware that the dog paddle was so useless in a current.  In a lake, of which Minnesota has 10,000, you can float if you need to.  Not true in the ocean.

Thankfully, the current brought me right to a floating dock after about a minute of breathing a mixture of air and water.  I climbed up the ladder, threw up, and laid down until all the other assholes who knew how to swim were done snorkeling.  Then I did an Olympic dive of the dock and the 100-meter breast stroke of a lifetime to the shore.  Piece of cake.  People looked at me as if I had been chased by a shark.  Which was my motivation when I dove in.  Fuck the ocean.

Sarah and I didn’t speak much on the cruise, and I think only once after.  After that I hit the ground running in Rochester.  A couple days after I got back I picked up a nasty little meth habit.  Lost my job after I found out I could get two days off paid if I said I was going to a family funeral.  Suddenly, back to back weeks, both my grandparents suffered fatal heart attacks.  I was so traumatized by the second that I never went back to work.  But I got a huge check including severance.  And I used that to fund my new drug-dealing business.

St. Cloud

I wonder where the city of St. Cloud, Minnesota got its name? That is where Vince is now ensconced: St. Cloud State Correctional Facility (SCF). It’s about 2 hours’ drive northwest of the Twin Cities of Minneapolis and St. Paul.

I love statistics so I felt a small thrill when I discovered the Daily Inmate Profile Report which, as its name implies, changes daily but probably not dramatically. The prison was built in 1898 on the site of an old granite quarry.

On the day I looked, a “total of 1,098 adult offenders are under the Case Responsibility of Minnesota Correctional Facility – St. Cloud with a total of 1,026 adult offenders currently on-site at this facility.” Wow! I had no idea. Before he derailed, Vince had lived in a little town outside Rochester, called Fountain, which had a population of 410 people. SCF must feel like a big city to him. And it is only one of 10 correctional facilities in the state. And that doesn’t include jails or workhouses.

Eighty-five percent of the prisoners are between the ages of 18 and 45. That’s a lot of testosterone; I wonder if the drop off in the older population groups is related to men’s lower testosterone levels as they age.

Three hundred and seventeen are in for drug offenses, and the average sentence is 39 months (Vince got 50 months). The next category is domestic assault (232 inmates, serving an average of 23 months). Then there’s just regular assault, with 194 inmates serving an average sentence of 37 months. I’m betting a lot of that was fueled by drugs and alcohol—not an excuse, a contributing factor. Then there are 52 guys in there for drunk driving, obviously involving alcohol, serving an average of 51 months. I’m guessing most of them must have committed multiple offenses.

Fifty-three percent of the inmates are white, compared with 85.5% of Minnesotans as a whole. Thirty-two percent are black and 11 percent are Native, compared with 5 and 1 percent overall in the state. Oh, those Asians, living up to their reputation of model minority! Three percent of those locked up and 4 percent of Minnesota’s population. Latinos aren’t separated out but there’s a note that 59 prisoners counted in the groups above are Hispanic.

I scanned the religion column and saw that 52% were Christian, 7% Native, 3% Muslim, and a whopping 28% had no preference.  Oh, and there was one Jew.

And oh, damn, there were my 20-year-old fears confirmed in black and white. Forty percent of the inmates had no high school diploma, compared with only 9 percent of Minnesotans overall.

Lost Year

ANNE:

We went home separately from the high school after his withdrawal/drop out was done, and stood wordless when we met.  I had threatened him that, if he wasn’t in school, he’d have to move out.  Education was how I had gotten ahead and it would damn well be his ticket to doing better than me.

So I told him to leave. He could come home the minute he decided to go back to school.  We could look at a different school, an alternative school, whatever.  But he had to finish high school—that wasn’t such an unrealistic expectation, was it?

He walked out the door with a pillow sack full of his clothes. I figured he’d be back in a couple of days, after he realized he couldn’t make it on his own making minimum wage.

When I hadn’t heard from him for three or four days, I went to the sub shop where he had a job as a dishwasher. They said he’d taken another job. Where? They didn’t know.

I didn’t see him again for a year.

I reported him missing to the police, who looked at me skeptically. “You kicked him out for dropping out,” one of them said as though that was perfectly understandable. “But now you want him back?”

These are Vince’s school portraits from 9th grade and about a year later, just before he dropped out:

15-16

I found the second one stashed in his room months after he’d left.

I talked to his friends in the neighborhood, but they said he had dropped them months before. They said he’d acquired some stoner friends whose last names or addresses they didn’t know. They did give me one lead, a kid called Mike, and I knocked on the door of that house two or three times during the year but there was never an answer.  My cousin, who lived a block away from their house, called me a couple times to say she thought she’d seen my son walked down the sidewalk but she’d been driving fast and wasn’t sure…

But sure enough, that’s where he was.  Mike’s parents were survivalists, home schoolers, and pot heads.  They felt sorry for Vince.  What a buzz kill of a mom he had!  So for a year, they all sat around and got high and drank and played video games like Grand Theft Auto.  They had been home when I’d knocked.

Vince’s using got so out of control that it was even too much for them, so they kicked him out and he showed up on my front porch, almost a year later, with his pillow sack.

[VINCE: Mike’s parents were good people. I never had one drink there. They both worked full time and wouldn’t let me live there if I didn’t. Mike was never home schooled and he got his GED before his graduation day.  I never smoked pot with his mom and only on occasion with his dad.  They let us drink when we went up north to their land.  But they made sure to keep an eye on us and always promoted responsibility.  When I was arrested my first time Mike’s dad told me that he wasn’t kicking me out, but it was time to find another home.  It was during my stay there that I worked as a security guard at Liberty State Bank, and overnights at a gas station off I94.  I don’t want anybody to think Mike’s parents ever did anything to negatively affect my life.  Mike’s dad accidentally shot himself in the stomach years later while making bullets.  He was nearly paralyzed and hospitalized for months.]

The First Worst Day

ANNE:

I’ve found myself brooding about the day Vince declared he would drop out of high school.   I asked myself, “Why am I thinking about this now?” I’ve always considered it the worst day of my life—and I’ve had some doozies—but it has been 20 years.  After a few days it struck me that it was bound to come back around because it was a milestone that marked when “it” all began.

A few months before Vince’s dropping out manifesto, I had been Absolutely Shocked to find out that he was drinking and smoking pot (and much more that, thankfully I didn’t find out about until years later). Well, lots of kids experimented, right?  I wasn’t happy about it but it was sort of normal.

Dropping out?  NOT Normal.

He was 16 though, so legally he could drop out.  I marched him down to the Vice Principal’s office at Central and announced to him, “My son wants to drop out! Talk to him!”  I figured he would be best equipped with the facts on how much less high school drop outs earn over a lifetime, how they end up homeless or in prison or, even worse, how my son might end up living in a trailer home, wearing Zubas, and working as a short-order cook.

But the VP disinterestedly slid a form across his desk and said to Vince, “Sign here.”  It was a waiver of responsibility or some such form, formalizing his “withdrawal” from school and absolving them of responsibility. I’m not clear on what I did then. Probably cried, pleaded, accused the VP of being an accessory to failure, cursed myself for thinking anyone had my back as a single mom. But the guy said, “If they wanna drop out, we can’t stop ‘em.”

Vince signed, and that was it. The school no longer had to deal with his truancy or factor in his failing grades into any reports to the school district or state. My son dropping out would improve their average scores, no doubt. He was no longer their problem.

Boy of Summer

VINCE:

August 4, 2014

Twenty-eight full days in St. Cloud prison.  I don’t feel cured yet.  But I’m working on it.  I have applied for every available job, college class, and early release program.  No reply.  But I have a lot of time.  I am clearly going to need to work on patience.  If I try to make things move faster than they do, I will become frustrated and I need to work on letting other make my decisions for a while.  See if that makes me better.  I hope it does.  Twenty-eight days down, 1,472 to go.  Yep, I’ve got time.

Another Monday, another day without mail.  Mail is the high point of the day for any offender.  Our link to the outside world.  No matter.  Today, and two more times this week, I get to go to the ball diamond.  To elaborate, it’s more than a ball diamond.  The outdoor rec area consists of the diamond, a football field, a soccer field, a ropes course, two handball courts, two full length basketball courts, and a perimeter track.

Turns out the ropes course is actually just a bunch of razor wire to prevent escape.  None of the guards laugh when I ask if I can try it out.  Oh, there’s the standard goose-shit-filled pond too.

As it turns out, I’m not as limber, fast, strong, or accurate as I used to be.  However, I’ve always had a pretty easy time with base/soft ball.  Today I went 2 for 3 with two triples that went all the way to the fence.  I had four putouts, and recorded 1 throwing error.  I’ve done quite well in one way or another, every time I go out there.  Every time gaining strength and agility.  I’ll be in shape in no time.  Something has to burn off the 3,300 calories we get her.  We won 13-12.

Best part of today.  I was bored over at 3rd base.  I looked down.  And found an agate.

Agate hunting has been a part of my life for a long time now.  It’s what I spent my time doing the last few days of my freedom.  I tell you what.  Walking into a courtroom knowing you won’t be leading.  Knowing you may never see certain people.  Knowing the Judge will look down on you and say you’re going away for four years.  Is tough.  I knew after my court appearance on June 18, 2014 that all those things would happen 8 days later.  Given another chance, I would have used those days more wisely.  Instead I smoked more meth.

Dear Vince

ANNE:

Dear Vince:

I am looking through old photos of you—having a water fight with your auntie in grandma’s backyard, at the lake, at your Montessori preschool, you and your little friends in that subsidized housing project we living in that had a million kids your age, me spinning you on one of those twirling rides at a playground, birthday parties with my terrible lumpy cakes (but I did try!), a seder at the Levine’s, religious school (and you are smiling!), camping, birthday pinatas, your Big Brother, weddings, playing in the snow, doing your homework, you doing your volunteer dog walking at the humane society, at Paul Bunyan Land feeding a tame deer, another birthday cake decorated like a baseball (by me, the least sporty person I know!), Halloween costumes, you feeding your new cousin a bottle, our trips to Chicago and New York and Seattle, pet cats, Disney World, posing with your uncle for Boy Scouts, your aunt dressed in a gorilla suit for your 15th birthday surprise party.

And then the photos stop, until you came back from Hazelden and Florida when you were … 21?

You would think I would just stop caring by now, or as grandma says, “Just don’t think about it.” She’s always said that, about anything unpleasant, not necessarily about you. I wish I could.

I think I wouldn’t be human if I didn’t ask myself, “What was I missing in all those photos?” He looks healthy. He’s smiling in a lot of them. Should I have seen some signs—gotten him to a shrink? Should I have been more strict? Less strict? Was it because we were broke for so long and lived on ramen and went to foodshelves? Was it because I was depressed for so many years—would a child take that as neglect and think it was is fault? Was it the whole awful chapter with [abusive alcoholic but filthy rich ex boyfriend I’ll call Kermit]? I take complete responsibility, being desperate to get married and have more kids, at the expense of exposing you to domestic abuse and all sorts of inappropriate shit? Was it how I stupidly told you about the brother you didn’t know you had, thinking it would cheer you up, which backfired? God, what an idiot I was!

Maybe I should have never told you how I smoked pot and drank in high school, trying to warn you against them. Again, my parenting backfired, when later you told me you took that as a sign that you could drink and smoke, since I had turned out ok. (Ha!)

I know you’ve said you were “over” not having a father but maybe you really aren’t? I think you tell me what you think I want to hear.

Or is your addiction mostly genetics? Me passing down my alcoholic/addict father’s genes to you, loaded with your father’s alcoholic/addict genes?

Do you really have Bipolar Disorder, as Hazelden diagnosed you? Are the drugs and booze medication?

I can hear you saying, “Oh, mom.” You’ve rarely talked to me about any of this, so I don’t know if you’ve ever given it a thought or if you even think you have a problem.

I hope it is not too awful there. I hope you’ll take advantage of whatever resources they offer. I hope you know that I love you, no matter what—always will, always have. You have dug your way out of some very deep pits and you’ll do it again. You probably don’t feel young anymore but from my perspective you are so you’ve got time to rebuild.

I Love you,

Mom