Taylor v. Perini

b) A specific decision making panel consisting of three or more persons not more than one of whom shall have primary responsibility in the area of custody;

2) The interim prohibition of the material and reason therefor;

3) His right to a prompt hearing before the panel;

d) A written decision including the reasons therefor not later than one week following the initial arrival at the Institution of the material in question;

e) A right of the recipient inmate to appeal an adverse finding by the panel to the Department of Corrections, and to have said appeal decided not later than two weeks thereafter;

f) The maintenance of records at the Institution of the proceedings described above for at least one year following the decision of the hearing panel, none of which to be placed, or referred to, in any inmate's file.

a) Such incarceration shall be for a fixed term not to exceed fifteen (15) consecutive days, nor shall any inmate be subjected to more than a total of thirty (30) days of such incarceration during any six month period;

b) Normal Institution meals (excepting only desserts) shall be provided;

c) Adequate clothing, bedding and toilet facilities shall be provided;

e) At least one (1) book of the inmate's selection subject to general Institution rules governing reading matter shall be provided;

f) Inmates enrolled in an educational course shall be permitted to have their textbooks;

h) Clergymen, social services personnel and attorneys shall be permitted access to inmates so incarcerated;

i) Adequate light for reading in the daytime and adequate darkness for sleeping at night shall be provided;

j) Opportunity for exercise shall be provided not less than once every third day.

a) There must be precisely worded, job related substantive criteria for job assignment, transfer and removal;

b) Any tests, the results of which will constitute criteria for job assignment must be job related;

c) Job assignment, transfer and removal shall not be employed for punitive purposes, and shall not be related to discipline for rule infractions except insofar as such infractions are job related and manifest inability on the part of the violator to function in the job in question;

d) There must be defined procedures for making job assignments, transfers and removals according to the specified substantive criteria, which procedures:

1) Shall provide for centralized responsibility for making such assignments;

2) Shall not allow for deference to the wishes of job supervisors or fellow inmates;

3) Shall not be dependent upon the self-initiative of inmates.

a) The promulgation and adoption of written rules applicable to all staff prohibiting all forms of racial discrimination, harassment, intimidation and insult, coupled with sanctions for their violation ranging from written reprimand to discharge depending upon the severity and repetition of violation.

b) A redefinition of all staff job descriptions to incorporate equal opportunity responsibility as an essential aspect of each such job, with the performance of such responsibility to be evaluated for purposes of retention, promotion and salary determinations;

c) An orientation program for all present and incoming staff regarding the Institution's commitment to the principle of Equal Opportunity, the fact that the staff members' commitment to the principle is a criterion of hire, retention, promotion and assignment, and the obligations of the Institution and each staff member under the Federal Equal Employment Opportunity Act and recently expanded jurisdiction of the Equal Employment Opportunity Commission.

d) A plan for the pre-hire administration to all candidates for staff positions of psychological examinations designed to disclose any propensity for racism, sadism or brutality, and to assist in selectingWest Page 197candidates most likely to have a helping, client-service orientation.

e) A program for the in-service training of all staff members in human relations skills oriented toward the helping role of a correctional staff member and sensitivity to the nature, needs, aspirations and problems of the diverse racial, cultural, and ethnic groups which comprise the inmate population.

f) A program for the orientation of present and incoming inmates in the Institution's commitment to the principle of Equal Opportunity, the inmate's responsibility to abide by that principle, the fact that relevant evaluations of him will include his performance in that regard, together with instruction calculated to cultivate understanding of, and sensitivity toward, the nature, needs, aspirations and problems of the diverse racial, cultural, and ethnic groups which comprise both the inmate and staff populations of the Institution.

g) The designation of one or more staff members as Equal Opportunity Co-ordinator with primary job responsibility for implementing, coordinating, evaluating and reporting on the progress of all Institutional efforts to effectuate this Order. Notice shall be given to all staff and inmates of said designation and of said Co-ordinator's responsibility and receptivity to suggestions and grievances. Said Equal Opportunity Co-ordinator and the Superintendent shall report to this Court at three-month intervals until further notice of the progress of the various programs designed to effectuate this Order.

This will be a follow-up of our impromptu conversation regarding the above subject and of the requirements to adhere strictly to the guidelines presented by Judge Young's court. The order of September 12, 1972, is specified, in that; all legal and official mail sent to an inmate, is to be opened in his presence and screened only for possible contraband and pornographic material.

(1) Protection of inmates from sanctions, threats of sanctions or harassment in their efforts to assist one another in their legal affairs

(2) A requirement that inmates wishing to work together be given a reasonable place to do so

(3) Permission to the institution to limit such activity to non-working hours

All misdemeanors specified in the Ohio Revised Code or U.S. Code such as mail violations.

It was called to my attention that resident Hill 132-337 has been corresponding with various legal agencies using the title "Legal Advisor." This is not resident Hill's title and he is not even assigned toWest Page 204the Law Library. Accompanying this report are copies of envelopes addressed to the resident.

Mr. William Hill Legal Advisor P. O. Box 57 Marion, Ohio 43302

Dealing, which shall include any transaction for which payment of any kind is made, promised, or expected.

(1) Appointment of an unreasonably small number of Inmate Legal Advisors to serve the inmate population

(2) Provision of inadequate physical facilities and support in the law library including the absence of a full-time librarian

(3) Unreasonable restrictions upon access to legal advice

(5) Unreasonable restrictions upon receipt of legal publications

(6) Deliberate harassment of jailhouse lawyers other than duly appointed Inmate Legal Advisors

(7) Imposition of any requirement that petitions for habeas corpus be submitted in advance to the Superintendent

(8) Interference with inmates' efforts to assist one another by sending money to a lawyer

(9) Denial of legal assistance to residents of the honor dormitory

(1) Supplies in the form of paper, pencils and pens

Associate Superintendent for Treatment Services ........... 20 documents Social Services Supervisor ...... 47 documents Personnel Office Employee ....... 4 documents

Sorry to bother you again but I had some friends come to visit today; they brought me a few books from their private library but were told I was permitted to receive only books mailed directly from the publisher.

Article # 4 on page # 3 of the recently posted Notice of the U.S. District Court in Toledo, Ohio, in essence says we inmates may receive all reading materials, unless found to be obscene or a security risk, "from any source."

Administrative Regulation 814(b), Section 1, states: "An inmate may receive a reasonable number of books, newspaper, magazines, and other publication directly from a publisher or distributor. MaterialsWest Page 210may be received from other sources, such as the Inmate family or friends with prior approval for (sic) the administration. All materials are subject to inspection for contraband." Therefore, prior to receiving any books from a private source you would need prior approval from the administration. In the case prior approval would have to be received from Mr. Butchko, Associate Superintendent of Treatment. Should you have any questions regarding this matter you should direct them to Mr. P. J. Butchko.

(a) whether "the average person, applying contemporary community standards" would find that the work, taken as a whole, appeals to the prurient interest, (citations omitted); (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.413 U.S. 15at 24,93 S.Ct. 2607at 2615,37 L.Ed.2d 419at 431.

I have reached the conclusion, which I think is confirmed at least by negative implication in the Court's decisions sinceRothandAlberts[Albertsv. California,354 U.S. 476,77 S.Ct. 1304,1 L.Ed.2d 1498], that under the First and Fourteenth Amendments criminal laws in this area are constitutionally limited to hard-core pornography. I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description; and perhaps I could never succeed in intelligently doing so.ButI know it when I see it,and the motion picture involved in this case is not that.378 U.S. at 197,84 S.Ct. at 1683,12 L.Ed.2d at 803. (emphasis added)

What do young, rich, virile, well hung men who have experienced every thrill of the flesh do to amuse themselves, worldly, sophisticated jet-setters that they are? They band together in a secret sex club, dedicated to introducing juicy, wet-lipped, radiantly beautiful young virgins to the many and varied joys of bed, and love making in all its aspects. Who are they? An oil rich Arab sheik, a Japanese shipping millionaire, the son of the President of an African Republic and a Swedish producer of porno movies.

What are they after? All those delightful young and beautiful virgins out there, just waiting for the right man or men to wake up their bodies with caresses they have had hot dreams about. Men who will touch them in the dark and moist secret places of their gorgeous yearning young flesh.

The Cherry-Pickers band together to find the most beautiful young virgins in the world and introduce them to hot, heavy, passionate, lustful sex. And you are there, you watch, you participate in these red hot sex sessions as these super-lovers, who really know how to turn on, arouse, stimulate and satisfy any woman, do their best to make these girls into their more than willing sex slaves.

You watch Gamal as he penetrates white-skinned, blonde Eaika, and begins a steamy love session that seems to go on forever, thanks to his age-old Arabian secrets of conserving male strength. You gasp in wonder at the massive male equipment of virile young Jubu-Jubu as he makes a tender young girl from California eat him up. And you envy Taru-ko-San as he reduces large-breasted, flowy-thighed Renee to a quivering mass of tender young flesh begging for more. This and more that we cannot tell you about is packed into this amazing 200' Super 8mm film. When you see it you will know why it was awarded the Supreme Best Film prize!

Publications may be excluded from an institution for one or both of the following reasons:

A. The publication is "obscene" under United States Supreme Court standards, that is, the dominant theme of the publication when considered in its entirety, is patently offensive to prevailing community standards relating to the description or representation of sexual matters, and the publication is utterly void of redeeming social value.

B. The publication is "inflammatory", that is, the presence of the publication in the institution would constitute a clear and present danger of inciting criminal activity, such as rioting or escape. No publication shall be held to be inflammatory solely on the basis of its appeal to a particular ethnic, racial, or religious audience.

A.Obscenity.To be obscene, printed matter must appeal solely to prurient (i. e., lewd) interest, must be contrary to accepted community standards, andWest Page 213must be utterly without redeeming social value. If part of the material is pornographic, but part of it has redeeming social value, it must be admitted.

B.Matter which constitutes a clear and presentdanger to the safety of the institution.This includes "instruction in picking locks, digging tunnels or making weapons," or any matter posing a physical danger to security. Weapon catalogues, and articles on the operation or conversion of firearms, will not be admitted.

C.Matter which poses a clear and present dangerto the purpose of rehabilitation.This includes publications which encourage criminal proclivities or enhance criminal skills, such as instruction in weaponry, or the illegitimate use, acquisition of abuse of drugs. However, articles educating the public to the problems of drug abuse are admissible.

(1) Failure on the part of mail room personnel to forward all intercepted material to the Associate Superintendent for Treatment Services

(2) Refusal to permit receipt of any printed matter from sources otherWest Page 215than the publisher or distributor without prior approval

(3) Failure to develop specific written criteria of non-acceptability

(4) Routine surveillance of incoming recorded tapes prepared by private individuals and others

(5) Exclusion of materials which are not obscene under the applicable constitutional criteria as established by the United States Supreme Court, including photographs of wives and girl friends which would not be obscene if published commercially

(6) Failure to employ a decision making panel at the institutional level as required by paragraph 4(b) of the Court's order

(7) Failure to give prompt notice of any kind to the inmate/addressee indicating the material withheld, the reason for the prohibition, and his right to a hearing at the institution

(8) Failure to provide a meaningful hearing at the institutional level

(9) Failure to provide the inmate/addressee with a written decision on admissibility within one week following the initial arrival of the material at the institution

(10) Failure to provide the inmate/addressee with a meaningful reason for any decision to exclude material

(11) Failure of the Publications Screening Committee to decide an appeal to it within two weeks of the time such appeal is lodged

(12) Failure to maintain complete records of all censorship activities at the institution for a period of one year or longer

1. Escape 2. Aiding or inducing inmates to escape 3. Involvement in a major disturbance or a riot 4. Conveying articles into an institution to aid an escape. 5. Conveying intoxicating liquors or drugs into an institution 6. Holding an officer as a hostage or wounding an officer 7. Offenses relating to persons, such as murder, attempted murder, and assaults, including sexual assaults. 8. All other felonies under Ohio Revised Code or laws of the United States

(a) Discipline through loss of privileges or extra work assignment which shall be individualized as much as possible;

(c) Referral to treatment, classification, or institutional services;

(e) Referral to the Rules Infraction Board for further proceedings.

(a) Placing the inmate in disciplinary isolation for a period from 1 to 15 days, and/or

(b) Referring the inmate to the Reclassification Committee, with appropriate recommendations; and/or

(c) Recommending the transfer of the inmate to a different institution; and/or

(d) Recommending placement of the inmate in administrative isolation; and/or

(e) Such other action as may be appropriate, including remedies for Class III rule violations.

Honor dormitory cafeteria rules (eg. wasting of food)

General honor dormitory rules (eg. "There is to be no card playing in the dormitory.")

Dormitory and cellblock regulations (eg. presence at "Count", use of radios and televisions, cell maintenance, smoking. 15 numbered rules are listed.)

General rules for the entire population (eg. wearing of uniform, hair style, registration of typewriters. 25 numbered rules are listed.)

Other general rules scattered throughout the Manual (eg. carrying of I.D. pictures, cooking on hot plates, smoking in the cafeteria)

Items approved for receipt in packages Visiting rules, with a reference to theWest Page 225Administrative Regulations and a suggestion that the latter be read.

Any inmate who attempts to convey, conceal, or have in his possession or under his control, any of the above mentioned articles (referring to contraband), or devises to scheme, plan or design to enter into a conspiracy to obtain the same shall, upon being found guilty by the Rules Infraction Board, be subject to one or more of the following:

Loss of visiting privileges Recommended return to Lucasville

Recommendation by the Superintendent for the inmate and/or the visitor to be prosecuted under existing state laws.

The institution reserves the right to declare any item suspicious or contrary to theabove listas contraband. Any contraband item will either be shipped back to the sender, at the expense of the inmate, or confiscated and later donated to charitable organizations in this area. (emphasis added)

those transfers which result from a recommendation by the Rules Infraction Board to the Managing Officer, after a hearing, as defined and outlined in Administrative Regulations 805 and 805(a).

whenever it is determined that the presence of the resident in the transferring institution constitutes an immediate and probable danger to the security of the institution, to residents, staff, institutional property,or the residenthimself.. . . (Emphasis added)

Note: if conduct between the visitor and the inmate is objectionable the visitorWest Page 234upon orders of the Superintendent may be barred from further visits.

(3) Removal of an individual from an inmate's list of approved visitors

(1) There has been a good faith effort to comply with the time limits placed upon incarcerations. Nonetheless, violations which have occurred constitute noncompliance with this portion of the paragraph.

(2) With respect to inmates on a regular diet, the institution is in compliance with sub-paragraph (b) requiring "normal institution meals." With respect to meals served to inmates on prescribed special diets, the institution is in a state of noncompliance.

(3) The institution is in compliance with those portions of sub-paragraph (c) requiring adequate clothing and bedding, but in a state of noncompliance with respect to that portion of the sub-paragraph requiring adequate toilet facilities. Noncompliance consists of failure to provide toilets andWest Page 240sinks in six cells and in failing to permit normal toilet articles unless the inmate arrived with them at the time of his Rules Infraction Board hearing.

(4) The institution is in noncompliance with the requirements of the Court's order inPrice v. Perinithat medical rounds be made without request by an inmate. The institution is in further noncompliance with sub-paragraph (d) requiring normal medical care by failing to provide full-time attendance in the correctional cell area by a corrections officer in order to cope with a medical emergency. Finally, the institution is in noncompliance by making use of a number of virtually soundproof cells, failing to control the noise level in the area, and failing otherwise to provide a system to alert a correctional officer in the event of medical emergency. What standards should be applied to the term "normal" medical care are regarded as being outside the scope of the Court's order inTaylor v. Perini.

(5) The institution is in noncompliance with sub-paragraph (e) and efforts must be made to increase the number and variety of books available in the correctional cell area.

(6) The institution is in noncompliance with sub-paragraph (f) requiring that textbooks be available to inmates enrolled in an educational course, because of the failure to develop a system whereby such books can be retrieved on a regular basis for the inmate from his personal possessions.

(7) Subject to the need to enforce an effective policy for delivering legal mail to the correctional cell area upon receipt, the institution is in compliance with sub-paragraph (g) requiring normal mail privileges. This finding assumes that receipt of second and third class mail does not fall within the scope of "normal" mail privileges.

(8) The institution is in compliance with sub-paragraph (h) requiring access to correctional cells by clergymen, social services personnel and attorneys.

(9) The institution fails to comply altogether with the requirements of sub-paragraph (i) requiring adequate light for reading in the daytime in the lower tier cells. In view of the narrow margin of noncompliance, however, the Special Master recommends against requiring full compliance.

(10) Subject to the requirement of developing and maintaining more detailed exercise logs, the institution is in compliance with sub-paragraph (j) requiring that exercise be provided.

2 At least 8th grade education, ability read, write and understand simple written orders.

4 Normal physical health. No back injuries, leg or arm amputations, normal eyesight with or without glasses.

Fireman: Ability to operate pumper and foam machine, connect hoses and attach all fire fighting apparatus. Maintenance of fire fighting equipment. Prefer some first aid training.

2. resident's ability to complete the course and to become employed in the occupation

3. parole board hearing date within three months after the completion of the program.

II-1 disobedience of a direct order, which shall 1 include insubordination

II-1 disobedience of a direct order, which shall 1 II-2 include aggravated insubordination (combined with refusal to carry out a work or ohter institutional assignment)

(1) There are no written job criteria of any kind employed by the committees charged with job assignment, transfer, and removal.

(2) There are no written reviewable procedures for intra-shop job transfers by a job supervisor, and centralized responsibility for such transfers does not exist.

(3) There are no defined procedures for making job assignments and transfers as a result of regular or on-going review of inmate job assignments, with the result that such assignments and transfers are dependent to a very large extent upon the self-initiative of inmates.

(4) Deference is given by the responsible institutional committees to the wishes of job supervisors and indirectly to wishes of fellow inmates.

(1) Such tests as are utilized in connection with job assignmentby job supervisorsare job related.

(2) Centralized authority for job assignments, transfers, and removals (apart from intra-shop transfers effected by job supervisors) is vested properly in the four institutional committees charged with responsibility for classification and reclassification.

plumbing shop, p. 244, electric shop, p. 243, carpenter shop, p. 242, commissary, p. 242, hospital, p. 243, dental clinic, p. 243, cafeteria (stockade), p. 242, laundry, p. 244, trash run, p. 245, and the custodial school, p. 243. These data reflect the following:

There shall be fair, consistent, and objective classification by committee of all inmates with respect to all aspects of institutional life. So far as possible, institutional programs should reflect the ethnic distribution of the inmate population.

(1) No plan for rectification of the effects of past discrimination in job assignments with respect to the employment units and job categories specified in the paragraph has ever been submitted to the Court, and

(2) A discriminatory pattern continues to exist in the employment units and job categories specified in the paragraph.

This position shall be responsible for compliance with all rules, regulations and procedures of the United States Equal Employment Opportunity Commission and the Ohio Civil Rights Commission as they relate to the performance of an employee.

(a) Although Administrative Regulations 822 and 803 constitute written rules prohibiting racial discrimination coupled with sanctions for violations, these prohibitions are not brought home to institutional staff in a sufficient manner.

(b) While the institution is making a good faith effort to include the required statement concerning equal opportunity responsibility in all revised job descriptions, the language currently employed is not sufficient to accomplish its intended purpose.

(c) Although efforts are being made to include instruction in the institution's commitment to the principles of equal opportunity during orientation sessions for incoming staff, additional emphasis on this subject is required.

(d) The institution and the Department of Rehabilitation and Correction are in noncompliance with the portion of the Court's order requiring pre-hire psychological testing of incoming staff members.

(e) The two in-service training sessions held since September, 1972, constitute a good faith effort to provide relevant training, but continued efforts in this respect are required.

(f) Sufficient indoctrination concerning the institution's commitment to principles of equal opportunity is not provided by the present inmate orientation program.

(g) The duties of Equal Opportunity Coordinator do not constitute theprimaryjob responsibility of any member of the institution's staff. There has been no effort at overall implementation, coordination, evaluation or reporting on institutional efforts to effectuate the Court's order, and the objectives of subparagraph 10(g) have not been met in any respect.

7 Step and Newspaper ................... 2 Administration ......................... 1 Arts Crafts and Officers clothes ..... 2 Assoc. Sup't. for Custody .............. 7 Assoc. Sup't. for Treatment ............ 8 Captain's Office ....................... 2 Education Department ................... 4 Infirmary ..............................12 Identification Department .............. 1 Mail office ............................ 4 Maintenance Department ................. 7 Personnel Department (inmate) .......... 5 Psychological Department ............... 2 Parole Social Services ............... 6 #6 cell block help ..................... 5 ---

. . . "I also made an effort to locate anyone in our lock that could tell me of satisfaction obtained in any such grievance (filed with the Inmate Liaison Officer). Out of 68 men I located one resident who had a matter of a minor nature cleared up . . ."

. . . "I stopped (the Inmate Liaison Officer) in the hall and attempted to explain my complaint and ask what the procedure was, etc. He told me in so many words he was not going to get involved and that was that!"

. . . "I left (the Inmate Liaison Officer's) office with the feeling that he is retained in his job position by the institution so that any potentially damaging information about the helter-skelter methods and the antiquated procedures that this management employs, will not be brought to light."

. . . "This inquiry (of the Inmate Liaison Officer) was made quite some time ago. To date, I have received no reply whatsoever."

. . . "Regarding grievances . . . I have personally filed (with the Inmate Liaison Officer), I have yet to receive one satisfactory result. To sum it up with an accurate description, his title should not be Liaison Officer, but rather `Mr. Perini's Puppet'."

. . . "In the month of December, 1975, I filed an institution complaint . . . through . . . the Institution liaison officer. To present date I have yet to hear a thing about this complaint, and suspect I never will." (To date, the files of the Special Master confirm the inmate's suspicion.)

. . . "I want to bring it to light that (the Inmate Liaison Officer) doesn't do his job and I personally think he is scared of rocking the boat here at this institution as he avoids following thru with grievances from the inmates here at MCI."

(1) There is some evidence of discrimination against inmates of Hispanic origin in the refusal to permit such inmates to form an institutional organization.

(2) There are isolated instances of racial discrimination, harassment, intimidation, and insult by staff members, and

(3) There is no effective grievance procedure maintained to process complaints relating to racial discrimination, harassment, intimidation, or insult.

APPENDIX A ---------- STATE OF OHIO

A. All mail, other than correspondence from a court, an attorney, or a public official, shall be opened by the institution mail office and inspected for the presence of contraband and money. The written portion of the mail shall then be promptly delivered to the inmate.

B. All 1st class mail addressed to an inmate from any court, attorney, or public official may be opened and inspected for contraband only in the presence of the inmate addressed.

A. The Managing Officer has reasonable belief that the written contents of a letter addressed to or sent by an inmate constitutes a clear and imminent danger to institutional security. In such case, he shall apply in writing to the Director for authority to read the mail. The request shall include all the following information:

1. the name and address (if known) of the person from whom the letter is addressed.

DEPARTMENT OF REHABILITATION CORRECTION Page 2 of 2

3. the reasons for believing that the letter constitutes a clear and imminent danger to institutional security.

4. the time period for which permission to read is sought.

B. The Director shall review all applications for authority to read mail, and may order further investigation before granting or denying such request.

C. Every application for authority to read which is granted must be in writing and shall include the following:

1. the name and address (if known) of the person writing.

3. the time period for which to read is granted, which shall be the absolute minimum that the Director feels the situation warrants.

D. If permission to read is granted, it will authorize only the Managing Officer or his designee to read the letter. If, after reading any such mail, the Managing Officer or his designee determines that it does not constitute a clear and imminent danger to institutional security, the letter shall be promptly forwarded to the inmate addressed, or sent on to the addressee. Otherwise, the letter shall be returned to the sender or held as evidence for criminal prosecution.

APPENDIX F ---------- STATE OF OHIO

It is the purpose of this regulation to establish certain procedures regarding these packages as well as to provide a comprehensive list of such items.

Cigarettes (all brands) — Quantity limited by institution Cigars (all brands) — Quantity limited by institution Snuff Pipe Tobacco Pipes, cleaners pouches Cigarette holders — No glass filters

Hand and Body Lotion — Plastic containers, non-alcoholic, no medical types Tube Shampoo Tube Hair Dressing Tooth Paste Denture Adhesives and Cleaners Tooth Powder Soap and Soap Dishes Combs, Hairbrushes and Tooth Brushes Razors — No straight or Techmatic Razor Blades — Safety Shoe Polish Small Round Plastic Mirrors (SOCF only) — 6" diameter Small Round Stainless Steel Glass Mirrors (All except SOCF) — 6" diameter Deodorant — Cream or non-alcoholic roll-on Finger nail toe nail clippers Tweezers Depilatory (Magic Shave) Shaving Brushes Canned Shaving Cream After Shave Lotion — Plastic containers, non-alcoholic Shaving Soap

Tampons Sanitary Napkins Sanitary Belts Feminine Hygiene Powder Feminine Hygiene SuppositoriesWest Page 282Hair Setting Lotions — Non-alcoholic — no high Pressure aerosol Emery Boards Face Make-up Lipsticks Eye Make-up Hand Creams and Lotions — Non-alcoholic — new and unopened Nail polish Remover Pads Sachet Perfumed Cream Woolyn Sweater Soaps Curlers Barrettes Hair Nets Bobbie Pins Hair Clips Hair Rollers Shower Caps Dusting Powder

Blankets — No electric, solid color Bed Spreads — Single cells or ORW only Towels — No beach towels Wash Cloths Handkerchiefs Socks Prayer Robes (Sunni Muslim) special permission — Chaplain Sweaters — Reasonable color — No Turtlenecks (ORW — Cardigan style only) Gloves — No gauntlet or rubber Stocking Caps — No ski masks Baseball caps/Sun visors Sweat Pants Gym Shoes Sweat Shirts Sweat Suits Gym Shorts (recreation only) Dress Shoes Shower Shoes — Rubber House slippers Pajamas Bath Robes

Under clothing (may be nylon) Sport Shirts with collars No Turtlenecks — No leather Athletic Supporters Dashiki — Hip length

Brassiere, Nylon or Cotton (Limit 6) Slip, Nylon or Cotton (Limit 6) Panties, Nylon or Cotton (Limit 12) Girdles (Limit 2) Other personal clothing in keeping with institutional regulations Hosiery Panty Hose Headscarves Rain Headscarves (Plastic) Rain Sets — Coat and Hood (Plastic) Dress Shields Hair Ribbons Slipper Socks

Baseball gloves Football, baseball shoes (outside only — by permission) Wrist Watches — Not to exceed $75 value Wedding Bands — Not to exceed $35 value Rings — Not to exceed $35 value I.D. Bracelets — Not to exceed $20 value Plastic Mugs and Drinking Glasses Radios — As approved by individual institutions — No short wave Televisions — As approved by individual institutions Earphones Cassette Players 8 Track Players (Administrative Regulation 826) Pre-recorded cassette tapes Guitars, harmonicas, stringed instruments — No electric Typewriters — Manual only Electric Razors (LeCI, MCI, SOCF ORW Only) Electric Toothbrushes (LeCI, MCI, SOCF ORW Only) Nite Stand Clocks — Hand wind, small Stationery supplies, pens pencils Playing cards, puzzels games — Non-gambling Sun Glasses (outside use) — No wraparound or excessive size Religious Medals Chains — Approved by Chaplain Prayer Beads (Religious) — Approved by Chaplain Publications (Per Administrative Regulation 814(b)

Female Institutions Only

Earrings, Clasp Pierced Styles — Moderately Priced Crochet Materials Knitting Materials Tatting Materials General Sewing Materials (Needle Thread) Yarns Umbrellas

Instant Coffee (Limit 2) Instant Tea (Limit 2) Cocoa (Limit 2) Malted Milk (Quick) Tang, Kool-Aid, Wylers Non-dairy creamer — Packets Only Cube Sugar (Limit two pounds)

APPENDIX G ---------- STATE OF OHIO

DEPARTMENT OF REHABILITATION CORRECTION Page 1 of 2

A. The publication is "obscene" under United States Supreme Court standards, that is, the dominant theme of the publication when considered in its entirety, is patently offensive to prevailing community standards relating to the description or representation of sexual matters, and the publication is utterly void of redeeming social value.

B. The publication is "inflammatory", that is, the presence of the publication in the institution would constitute a clear and present danger of inciting criminal activity, such as rioting or escape. No publication shall be held to be inflammatory soley on the basis of its appeal to a particular ethnic, racial, or religious audience.

Inmates have the right to refuse to receive such publications.

A. The publication shall be forwarded by the mail office to the Managing Officer or the person designated by him to review publications. The Managing Officer or his designee shall, as soon as is administratively possible after receipt of the publication, make a decision as to the acceptability of the publication. Any decision to exclude a publication must be based on a finding in writing that it is either obscene (asWest Page 286defined above) or inflammatory (as defined above) and the reason therefore.

B. If the Managing Officer or his designee determines that the publication is neither obscene nor inflammatory, it will immediately be forwarded to the addressee. If the Managing Officer or his designee determines that the publication is either obscene or inflammatory, the following additional procedures will be followed within 3 business days after receipt by the institution:

1. The inmate will immediately be notified, in writing, by the Managing Officer or his designee of the specific reasons for excluding the publications, that the publication has been forwarded to the Publications Screening Committee in Columbus, that the inmate may communicate his written objections to this Committee, and the exact mailing address of this Committee. Any such objection by an inmate must be post marked no later than 3 days after the inmate receives written notice that the publication has been rejected.

2. The Managing Officer or his designee shall, immediately after deciding to exclude the publication, forward the publication and his written reasons for rejecting it to the Publications Screening Committee in Columbus.

3. The Publications Screening Committee shall, within two weeks, but in no event less than 4 days, make a reccomendation to the Director as to whether the publication is obscene or inflammatory. The Committee will use as its criteria the definitions contained in Rule 3 above, and shall consider both the institution's reasons for excluding the publication and the inmate's objections, if any are received.

4. If the Director determines that the publication is neither obscene nor inflammatory, it shall be forwarded to the inmate addressed, and the Managing Officer of the institution from which the publication was excluded shall be informed of the decision.

5. If the Director determines that the publication is either obscene or inflammatory, the inmate to whom it was addressed shall be informed, in writing, that the publication is being excluded from the institution, and the reasons therefore.

6. All publications that are excluded from the institutions by the Director shall be returned to the sender, or held as evidence for criminal prosecution.

7. The Director or his designee shall compile and periodically update a list of publications that have been reviewed and found to be either acceptable or unacceptable. This list shall be forwarded to all institutions, and shall be followed by the institution mail office and the Managing Officer or his designee when determining the acceptability of a publication.

APPENDIX H ---------- STATE OF OHIO

Administrative Regulation 826 Subject: Tape players

APPENDIX J ---------- MARION CORRECTIONAL INSTITUTION

a. Is there probable cause to believe that a violation of the institutional rule(s) occurred? Yes No

------------------------------------------------------- ------------------------------------------------------- ------------------------------------------------------- -------------------------------------------------------

2. DISPOSITION: (only Class III sanctions may be imposed) ------------------------------------------------------- ------------------------------------------------------- ------------------------------------------------------- 3. HAS THE INMATE BEEN INFORMED OF THE CHARGE(S) AND THE EVIDENCE PRIOR TO THIS HEARING? YES NO

4. HAS THE INMATE BEEN INFORMED OF HIS RIGHT TO BE HEARD IN HIS OWN DEFENSE? YES NO

5. HAS THE INMATE BEEN INFORMED OF HIS RIGHT TO APPEAL THE DECISION OF THE HEARING OFFICER? YES NO.

APPENDIX K ---------- MARION CORRECTIONAL INSTITUTION

_______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ SIGNED: _______________________

REASON: ________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________

________________________________ Chairman, Rules Infraction Board

FORM 805-7 Side 1West Page 292WITNESS NAME: _______________________________________________

SUMMARY OF TESTIMONY: _______________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________

I HAVE READ THE ABOVE AND FIND THAT IT IS AN ACCURATE SUMMARY OF TESTIMONY BEFORE THE RULES INFRACTION BOARD.

SIGNED: _____________________________ Secretary, Rules Infraction Board

I HAVE READ THE ABOVE AND CERTIFY THAT IT IS A TRUE AND ACCURATE SUMMARY OF TESTIMONY GIVEN BEFORE THE RULES INFRACTION BOARD ON THE DATE WRITTEN ABOVE.

I HAVE READ THE ABOVE — IT IS NOT TRUE AND ACCURATE FOR THE FOLLOWING REASONS:

_________________________________________________________________ _________________________________________________________________

APPENDIX L ---------- MARION CORRECTIONAL INSTITUTION

INMATE: _______________________________________________________ last name first name middle initial number

2. WAS THE INMATE INFORMED OF HIS RIGHT TO BE HEARD IN HIS OWN BEHALF? YES NO

3. WAS EACH WITNESS CALLED BEFORE THE BOARD ADMONISHED TO BE TRUTHFUL TO THE BOARD AND NOTIFIED OF THE PENALTY FOR MAKING UNTRUTHFUL STATEMENTS? YES NO

4. WAS THE TESTIMONY OF THE WITNESS(ES) AND THE INMATE ELECTRONICALLY RECORDED? YES NO. IF NO, SPECIFY THE METHOD USED FOR RECORDING THE PROCEEDINGS:

___________________________________________________________ ___________________________________________________________

5. DID ANY PERSON OTHER THAN A BOARD MEMBER PARTICIPATE IN THE DISCUSSION OF THE BOARD'S FINDINGS? YES NO IF YES, WHO: _______________________ TITLE:_______________ _______________________ _______________

6. WAS THE RESULT OF THE DECISION IMMEDIATELY COMMUNICATED TO THE INMATE? YES NO

7. WAS THE INMATE INFORMED OF HIS RIGHT TO APPEAL THE DECISION OF THE BOARD? YES NO

_____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________

GUILTY NOT GUILTY ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ _____________________________________________________________

10. DISPOSITION: _________________________________________________ ______________________________________________________________ ______________________________________________________________

I HEREBY CERTIFY THIS AS A TRUE RECORD OF THE PROCEEDINGS OF THE RULES INFRACTION BOARD:

COMMENTS:_______________________________________________________ _______________________________________________________________

MANAGING OFFICERS REVIEW OF PROCEEDINGS AND FINDINGS OF THE RULES INFRACTION BOARD

A. Modified as follows:_________________________________________ _____________________________________________________________ _____________________________________________________________

________________________________________________________________ ________________________________________________________________

C. Reversed for the following reasons: ____________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________

APPENDIX M ---------- MARION CORRECTIONAL INSTITUTION

mo.day yr. ______________________________________________________________

PRINT NAME AND NUMBER _______ _____________________________

APPENDIX N ---------- STATE OF OHIO

Rules governing the conduct of offenders and the consequences which may follow from a violation shall be printed and furnished to the inmates together with any explanations that may be necessary for their guidance. Rules shall be corrective, not abusive or punitive, in purpose. They shall be no more numerous or restrictive than is necessary to produce responsible and orderly conduct, and be related to valid institutional concerns.

Enforcement of institutional rules shall be for the purpose of developing patterns of behavior which will be of help to the inmate in his future adjustment in the free community, and the maintenance of order in the institution. Enforcement of institutional rules shall be rehabilitation oriented, and for the purpose of developing self-control and self-discipline, No action shall be taken against an inmate for the violation of a rule except in accordance with established disciplinary procedures. Use of correctional cells with deprivation of cell privileges as punishment is authorized but, should be used only when clearly necessary.

Disciplinary restrictions on clothing, bedding, mail, visitations, or the use of toilets, washbowls, and showers may be imposed only following an inmate's abuse of such privileges or facilities or when such action is deemed necessary by the Managing Officer for the safety or security of the institution, or the well being of the inmate, and shall continue only as long as is absolutely necessary.

Under no circumstances shall an inmate be placed in correctional cell confinement or administrative confinement as a result of an entry by sentencing court on the commitment documents.

APPENDIX P ---------- STATE OF OHIO

a. Discipline through loss of privileges or extra work assignment which shall be individualized as much as possible.

c. Referral to treatment, classification, or institutional services;

e. Referral to the Rules Infraction Board for further proceedings.

a. Placing the inmate in disciplinary isolation for a period from one to 15 days, and/or

b. Refer the inmate to the Reclassification Committee, with appropriate recommendations; and/or

c. Recommending the transfer of the inmate to a different institution; and/or

d. Recommending placement of the inmate in administrative isolation; and/or

e. Such other action as may be appropriate, including remedies for Class III Rule violations.

a. One book or magazine in each 24-hour period, to be selected by the inmate from a special library to be kept in the disciplinary isolation area

c. Reasonable exercise, not less than one hour twice a week

d. Sanitary facilities, including toothbrush and toothpaste, and washing material

e. Adequate bedding to include at least a blanket, sheet, pillow, pillow cases, and mattress

g. Visits by an institutional chaplain and treatment staff

i. Visiting on same basis as general inmate population except where such a visit poses a threat to security as determined by the Managing Officer or his designee. Visits may be in a separate visiting room as available and conducted in the presence of a staff member.

k. Adequate food with sufficient calories, excluding desserts, as determined by the food manager.

APPENDIX Q ---------- STATE OF OHIO

Each inmate appearing before the Rules Infraction Board shall be notified of the charge against him and the nature of the evidence against him. He shall be asked to plead "guilty" or "not guilty". If a plea of "guilty" is entered, the Chairman shall examine the inmate and ascertain the factual basis for the plea. If there is no factual basis for the plea, the "guilty" plea shall be withdrawn and a plea of "not guilty" entered.

APPENDIX R ------------- STATE OF OHIO

a. The rule allegedy violated is either Class I or Class II;

and

b. There is an immediate and direct threat or danger to the security of the institution, inmates, staff, institutional property, or the inmate himself;

and

c. Specific authority for pre-hearing detention is given by the Deputy Superintendent of Custody, or person designated to act for him in his absence.

I. Life Styles in the Black Community A. Slides of Contemporary America B. Excerpts from Speeches and Musical Selections

I. Ancient African Kingdoms A. Ghana, (Timbucktu), Mali, and Songhay B. Legal Systems, Education Systems, and Technological Developments C. Culture and Art

II. Early America A. Slavery and Revolution B. The Civil War and Reconstruction

I. The Black Family A. The Myth of the Matriarchy B. Struggle for Survival

II. Contributions in the Arts A. Jazz B. Blues C. Spirituals D. Art

I. Pride in Self and Race A. Hand Shake B. Afro Hair Style

II. Organizational Unity A. N.A.A.C.P., SNCC, PUSH B. Republic of New Africa, Revolutionary Action Movement

APPENDIX V ---------- DEPARTMENT OF REHABILITATION CORRECTION

a. All inmates' complaints shall be in writing. Upon receipt by any official they shall go to the ILO. b. The inmate who wrote the complaint shall be interviewed without reasonable delay by the ILO. If, after the interview, the ILO feels the complaint is patently groundless, no further investigation shall be made. However, in such a case, the ILO shall keep a written record of the complaint, the interview, and the reasons why he feels that the complaint is groundless. c. If, after the interview, the ILO feels that there are reasonable grounds for believing the inmate's complaint, he shall conduct further investigations. This shall include interviewing the staff member involved, any potential witness, and anyone else the ILO feels may have relevant testimony to give. If relevant to the complaint, the ILO shall review the staff member ticket- writing record.

d. After the ILO has completed his investigation, he shall write a report, which shall include the inmate's original complaint, the ILO's findings of fact, and the evidence upon which he based such a finding. The ILO shall then make a conclusion as to whether or not the supervision of the staff member has been appropriate.

e. The ILO shall then forward the entire report to the Managing Officer who shall review it. He may order supplemental investigations. After he feels that the incident has been thoroughly investigated, he shall make the decision as to whether or not the staff member should be exonerated, or disciplined in accordance with established personnel procedures.

f. If the Mangging Officer feels that the staff member's conduct warrants more severe action than either a reprimand or transfer, or both, he shall forward the report, together with his recommendations, to the Director of Institutions for review and further action.

g. A copy of all documents shall be permanently kept in the office of the Managing Officer for review by the Department Ombudsman.

APPENDIX X ----------- STATE OF OHIO

Administrative Regulation 829 Subject: Resident Groups

a. The name of the group together with its Constitution or Bylaws, if they have been developed;

b. Any affiliation, directly or indirectly, with any other group within or without the institution;

f. The time and place when and where the group would like to meet;

g. Financial requirements, if any, and how the group expects to obtain the necessary financing;