Archive for the ‘Prison’ Category

Private correctional contracts a disaster, costing excessive tax dollars, abusing detainees, incentive for excessive sentencing

November 18, 2014

Read the Sentencing Projects’s report: Dollars and Detainees: the Growth of For Profit Detention, and you will find confirmed that when profit is introduced into public services the result is increased costs, decreased quality, and cover-up of corruption.

“The companies with which ICE and USMS contract, including CCA and the GEO Group, are largely the same ones that have been criticized for their handling of prison operations. More importantly, these companies operate off of the same business models employed in prison privatization that have led to understaffing, negligence, and abuse.107, 108, 109 In addition to harming those housed in contract facilities, private prison companies fail to save taxpayers money, can have a deleterious financial effect on communities,110 and contribute to the continuation of America’s use of mass incarceration and detention.111, 112 These private companies operate within complex and sometimes opaque systems where public and private officials cannot clearly answer questions and where the private companies managing federal detainees are not subject to Freedom of Information requests.113”

The only solution is massive reform of our justice  system which today is an injustice system. Read about the Myth of American Justice as seen in Illinois at this blog and the links listed in it: http://cookcountyjudges.wordpress.com.

As a wrongfully convicted felon who was sentenced to 2 yrs in prison and 1 yr parole in 2007, I can tell you about abuse, as well as a totally dysfunctional parole system – READ THIS:

http://chicagofbi.wordpress.com/2009/08/22/illinois-department-of-corrections-runs-sham-parole-operation-fbi-where-are-you/

http://illinoiscorruption.blogspot.com/2012/01/torture-of-dr-linda-shelton-in-illinois.html

Executions are sign of a barbaric, lawless country

October 10, 2012

Texas executed another prisoner today. We have prisons for a reason. Murder by the state is a sin. Almost all civilized countries have banned executions. I believe we are not civilized as longer as we execute our citizens. Some day I pray that we will view executions as we view torture by burning at the stake or being drawn and quartered – ancient barbaric ways that have no place in a civilized world.

There are many reasons to end executions besides the fact that murder is a sin, even by the state. Executions are used a punishment disproportionately for minorities and the poor, which proves our justice system needs reform. Wealthy people are rarely executed. Mass murderers are given life sentences, but the mentally ill are still executed as the man was today in Texas – who was hallucinating and mentally ill. How is it just for one or two states to have huge number of executions while mass murderers in other states get life sentences and murderers who are mentally ill in other states get treatment – denial of equal protection is an issue. Executions with endless appeals are more costly than a life sentence. We have proof of many executions of the innocent who were railroaded and many on death row who have been released after being vindicated. Even a man in prison can contribute to society by educating others who may be released. We do not know why people kill and we need to let our psychiatrists study the mass murderer and understand his mind.

The “War on Drugs” has been an economic and social disaster on steroids

June 19, 2011

Forty years ago Nixon announced the now infamous “war on drugs” when he declared drug addiction “public enemy number one.” What an economic and social disaster! With costs exceeding $1 trillion, huge increase in prison populations due to tens of millions of arrests, millions imprisoned without rehabilitation, an evolution into a “prison nation” with a massive expansion of the prison-industrial complex, there has been no decrease in the use or abuse of illicit drugs. All we’ve done is make more addicts, better trained criminals, and a hugely increased number of family members on public assistance! How dumb is that? A recent study revealed that 83% of prisoners at Cook County jail, the largest jail in the country have positive drug tests upon arrest. States budgets are busted! Rural communities are now prison towns – not industrial, high-tech, or artistic centers running the engine of the economy with new industries.

What did Albert Einstein say? “Insanity: doing the same thing over and over again and expecting different results.”  I guess its time to stop doing the same thing!  Maybe we should think about:

  1. rehabilitation in prison with intense mental health treatment if they commit violent crimes,
  2.  treating drug addiction as a disease instead of a crime,
  3. putting addicts who committed non-violent crimes to work in community service projects so they can stay employed, save the tax payers dollars, and support their families while being supervised and treated for addiction at 1/4 the cost, in other words – creative and alternative sentencing
  4. increasing carefully supervised parole and probation programs with  highly qualified parole agents, not the underqualified non-college graduate police officers and former correctional officers now used,
  5. making specialized drug courts where judges are required to have specialized training before coming on the bench,
  6. increasing qualifications needed to become a parole officer (one of the most difficult jobs on the planet if done right) so that there is training in psychology, drug addiction, mental illness, social services, and policing techniques including safe entry into a home with safety for the officers a high priority, as well as better gang intelligence on the streets,
  7. saving taxpayer dollars by changing sentencing laws and down-sizing the prison industrial complex so we stop warehousing people while training them to be better criminals and instead treat their mental health and addictions without imprisonment, and
  8. decriminalization and experiments in legal regulation of drugs (tax marijuana like we tax alcohol) as has worked well in Portugal and is being tried now in Mexico.

Read about the details of the global community embracing this new  philosophy here: http://www.thenation.com/article/161505/forty-year-quagmire-exit-strategy-war-drugs

Now is the time to write your Senators and Congressmen as well as local legislators, speak up from the pulpit, recruit your local police chief to support these reforms, speak up at public meetings at all levels of government, and organize in your communities.

Not only is this the right time and place for a new civil rights movement that treats addictions as mental health issues, our economy can no longer afford to be a prison nation incarceration 7-40 times more members of our population than any civilized country. We have the same number of  prisoners as China but a fifth the population.

Flood the Department of Justice phone lines with demands to decriminalize marijuana and for alternative sentencing and banning private prisons. Write Attorney General Eric Holder and demand he lead the charge for reform:

United States Attorney General Sessions
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

By Phone

Office of the Attorney General Public Comment Line  – 202-353-1555

e-mail me a message that you participated and tell me how you are organizing in your community for change at picepil@aol.com

Dr Shelton hired as Internet Political Reporter

September 30, 2009

I, Dr. Linda Shelton, was hired last week as the new “Cook County Government Examiner [reporter]” for the Internet news agency Examiner.com owned by multibillionaire Anschultz who bought the Hearst media empire.

My first two articles highlight two major cases of fraud by Illinois Government officials, that effect huge numbers of persons and violate multiple federal laws including, but not exclusively, theft of honest services, wire fraud, official misconduct, felony violations of civil rights, falsification of records by officials and police, and criminal conduct of IL AG Lisa Madigan.

Dr. Shelton is preparing articles about the corrupt Cook County Courts and its judges, as well as felony civil rights violations and fraud in CCDOC and IDOC. A network of whistle blowers who have evidence of corruption in many departments in Illinois is assisting Dr. Shelton in her writings. These include DCFS, IDFPR, the State Police, the Attorney General’s office, Cook County Sheriff’s office, former Governor’s office, Mayor’s office, Illinois Medicaid, and other departments.

FBI where are you?

See:

http://www.examiner.com/x-24257-Cook-County-Government-Examiner~y2009m9d29-Cook-County-IDOC-Parole-Ofc-falsifies-records-fails-to-supervise-issues-fraudulent-arrest-warrant

http://www.examiner.com/x-24257-Cook-County-Government-Examiner~y2009m9d28-Feds-supports-immunity-for-prosecutors-who-fabricate-evidence-like-Attorney-General-Lisa-Madigan

Juvenile Prison Reform Yields Results for Once

September 8, 2009

ABCNEWS.com posted a story about Missouri’s experiment in juvenile justice reform. There have been increasing reports that the juvenile justice system in the United States is causing more harm than good, causing the kids to have more mental health issues and teaching them greater violence, rather than solving their problems and teaching a healthier lifestyle. Instead of producing more law abiding citizens, we have been further destroying the kids that are churned through the system. But – What is the solution?

Their reforms are producing dramatic results due to sensible approaches in treating the kids as persons needing guidance and caring adult supervision, rather than as hardened criminals to be only punished and whipped into submission.  They have a 10 % recitivism rate versus the 40 % found at most juvenile prisons.

I propose that a rethinking of adult incarceration programs along these lines, particularly for drug-addicts, the mentally ill, and non-violent felons, would produce similar dramatic improvements in recitivism and decreased costs.

“Recent reports about abuse of juvenile inmates have renewed calls for a national overhaul of a juvenile justice system that includes nearly 100,000 children.

At Waverly Regional Youth Center in Missouri, the boys are taught to settle their disagreements with words, not fists. Any person can call a “Circle”, meaning everyone stops whatever they are doing and they work on the issue.

In Missouri, a different method for juvenile prisons has seen surprisingly successful results, trading in the orange uniforms and cell blocks for therapists and dorm rooms.”

 http://abcnews.go.com/GMA/missouris-juvenile-justice-system/Story?id=8511600&page=1

Mental Health Care Denied Poor in Illinois

August 31, 2009

The following is A SCHEME TO DENY MENTAL HEALTH CARE IN ILLINOIS TO PERSONS ON MEDICAID.

 Illinois has essentially de facto suspended Dr. Bennett’s Constitutional right to relief from a wrongful conviction by a Habeas petition. Attorney General Lisa Madigan has committed fraud upon the court and the Cook County Circuit Court Judge Lon Schultz has violated Federal and State law, the Constitution, and all morality by convicting her on a charge of Medicaid vendor fraud.

 Please read this carefully and write the Asst. U.S. Attorney General in Chicago, Patrick Fitzgerald – Office of U.S. Attorney General, 219 S. Dearborn, Fifth Floor, Chicago, Illinois, 60604; Director of the Chicago FBI, Robert Grant and the Director of the Task Force on Public Corruption, Special Agent Casanovich, Chicago FBI, 2111 S. Roosevelt Road, Chicago, Illinois 60608, as well as inform the press with letters and phone calls about this gross injustice. Help me disseminate this information far and wide around the world, until agents of the United States government intervene to stop this injustice.

 HABEAS LAW VIOLATED

In March 2009 Dr. Maisha Hamilton Bennett filed a petition for writ of habeas corpus (the grand writ guaranteed by the United States Constitution) in the Illinois Court system. It found its way to the Chancery Court Division of the Cook County Circuit Court before Judge Stuart Palmer. A habeas petition is a last resort step when the court system has failed to free an innocent person or a person whose rights under the Constitution’s Bill of Rights were so violated that they were denied a fair trial.

 Illinois law requires the petition to be heard “promptly” and the warden to bring the prisoner before the court, the court to order the State to produce evidence that the person is being legally held, and allow the prisoner to rebut this evidence and prove he/she has been illegally held because they are actually innocent, the indictment was invalid, no crime was alleged, the court had no jurisdiction, or the Bill of Rights was violated and the person did not receive a fair trial. See: 735 ILCS 5/10‑103, 106, the Illinois Habeas Statute. See: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt%2E+X&ActID=2017&ChapAct=735%26nbsp%3BILCS%26nbsp%3B5%2F&ChapterID=56&ChapterName=CIVIL+PROCEDURE&SectionID=62279&SeqStart=73000000&SeqEnd=76800000&ActName=Code+of+Civil+Procedure%2E .

 To date Judge Palmer has refused to hear the habeas petition, recently transferred it to criminal court, where presiding criminal court Judge Biebel is also delaying hearing the petition for weeks to months.  The law actually says that any judge who refuses to hear the petition “promptly” shall be referred to the States Attorney or Attorney General for prosecution of this illegal act and when found guilty should be fined $1000 and the money paid to the prisoner.

 WRONGFUL CONVICTION DR. BENNETT FOR MEDICAID FRAUD WHEN SHE WAS ACTUALLY PROVIDING EXCELLENT MENTAL HEALTH CARE

 Dr. Bennett is innocent because the indictment is legally void – it didn’t adequately state the facts charged so was impermissibly vague, the Federal Medicaid Law allows the conduct that the State says is criminal – thus the Constitutional Supremacy clause was violated – state laws are invalid if they go against federal law, the trial was conducted unfairly, the alleged prosecutor, Attorney General Lisa Madigan violated the law and committed extreme prosecutorial misconduct and the court had NO jurisdiction as a result. For case law and detailed discuss of Code pertaining to Federal Medicaid Code see:

1) Memisovski v. Maram, [Transfer Binder 2004-2] Medicare & Medicaid Guide (CCH) ¶ 301,515, in that it violates 42 U.S.C. 1396a(a)30(A) – Federal Judge Joan Lefkow ruled in 2004 that the Illinois Medicaid Rules violate the Federal Medicaid Code in that they deny access to care to persons on Medicaid for their medical insurance;

2) http://illinoiscorruption.blogspot.com/2008/10/criminal-scheme-of-il-attorney-general.html and;

3) http://illinoiscorruption.blogspot.com/2009/02/judge-jorge-alonso-overturns-federal.html .

 Dr. Bennett was wrongfully convicted of Medicaid vendor fraud in 2003 and is being held in jail without bond. (Now for over 18 months) She is alleged to have ghost-billed for mental health services either not done or done by non-physicians in her practice group practice – she is a Ph.D psychologist and owner of the group, Hamilton Wholistic Healthcare, and alleged to have caused bills to be sent to Medicaid under the name of the practice’s medical director, a physician, who did not see the patients.

 The facts are that Hamilton Wholistic Healthcare was an Illinois Certified Alcohol and Drug Treatment Center run by Trinity Hospital and then when Trinity pulled out, run by Hamilton Wholistic Healthcare. It was an INPATIENT center. Counselors who were M.S. and Ph.D. psychologists as well as physicians when they needed medication treated the patients. The patients’ children were also evaluated and treated with counseling or the parents were counseled. The law allows a service provider to bill the insurer for providing service to the child when the parent is counseled without the child present. The AMA code book for services states this fact. Insurance companies pay these bills with no problems.

 The State put a grandmother on the stand, who was caring for several grandchildren while their mother was in the inpatient drug-treatment center, and she said she was not aware the children were counseled when they visited their mother in the inpatient center. This was the “basis” for the ghost-billing charge. Under federal HIPAA laws the mental health counselors and doctors are NOT ALLOWED to inform the grandmother as she was not the legally guardian. These privacy laws forbid discussions with the grandmother without the mother’s consent. The fact that she didn’t know did not prove anything. It certainly did not prove that the children or the mother were not counseled about how to deal with the drug-addicted mother or parenting.  This was NOT explained to the jury.

 The defense attorney was incompetent in that he failed to put on the stand the counselors so they could introduce the fact the kids and mother were counseled. The law DOES NOT ALLOW the attorney to place into evidence the medical record – only testimony about the medical record, in criminal trials. This is because medical records are considered hearsay and cannot be cross-examined. He failed to put on the stand the children who were then old enough to testify. He failed to put on the stand the mother.

 The billing agent made an error that she admitted she did because the IL Medicaid Provider Service Unit representative told her to do it. This representative told the billing agent, Louise Moore owner of Data Medical Works, that only physicians names could be on bills, so Ms. Moore forged the signature of the medical director on a power of attorney form which allows Ms. Moore to put the doctor’s name on electronic bills, on a Blue Cross/Blue Shield electronic partner trading agreement which allows BC/BS to accept the bills over the wires (computer) on behalf of Medicaid, check them for errors as a service to Medicaid, and forward them to Medicaid. She also forged signatures on an alternate payee agreement so that the checks would be written by Medicaid to Hamilton Wholistic Healthcare instead of to the physician medical director. These checks were immediately deposited in the corporate bank account and not in Dr. Bennett’s bank account. None of this was told to the jury. Dr. Bennett was even charged with this forgery, but the charges of forgery were dropped. I saw the alleged forged documents. They had signatures that appeared to be in the handwriting style of Ms. Moore and many of the alleged invoices’ provider signature presented to the crime lab in the perjury charge appeared to be cut-outs from the handwriting exemplars (handwriting samples) that Ms. Bennett was forced to provide where she was told to write the medical director’s name 30 times or so on a piece of paper. Even my teenage son, at the time, was able to match specific signatures from the handwriting exemplars to specific invoices. The crime lab rejected the invoices for analysis because the man I suspect of fabricating them by cutting out handwriting exemplars, State Police Investigator William Reibel, refused to produce originals. That is why the charges were dropped, to my understanding.

 Community alcohol and drug addiction treatment centers, per Illinois Statute, separate from the Illinois Medicaid Code, are allowed to bill Medicaid under their corporate name and not a doctor’s name and to bill for services of non-physician counselors and psychologists, as long as a physician medical director sets policy – not that she sees patients.

 Hamilton Wholistic Healthcare sent patient encounter forms to Ms. Moore listing the counselor’s name and not the doctor’s name, for each clinic visit when a patient was seen by the counselor in or out of the inpatient center. Without Dr. Bennett’s knowledge (she was the CEO) Ms Moore changed the name of the provider counselor on the electronic bill she generated from these patient encounter forms to the name of the doctor medical director and sent them in to Medicaid electronically. Medicaid then paid Hamilton Wholistic Healthcare. The payments went as salaries to the counselors and to overhead. A small percent went to the CEO. The total amount received from Medicaid for several years was about $400,000.

 Therefore, Dr. Bennett is innocent because she was not involved in putting the medical director’s name on the electronic bills. She did not profit from this error. The federal and state laws allow physicians to bill for their employees. Ms. Moore should have used the name of the corporation and not the name of the medical director on the electronic bills. There was clearly no intent to defraud.  All services were actually provided and addicts received appropriate treatment, as did their children who needed counseling to cope with this situation of an addicted parent.

 There was an administrative error that WAS NOT A CRIME in that the name of a physician medical director instead of the group name was put on the bill, by order of the Medicaid Provider Service Unit representative. All services were provided; only the incorrect provider name was on the electronic invoice, at the direction of Medicaid to Ms. Moore.

As 80 % or more of mental health services are provided by non-physician psychologists, psychiatric nurse counselors, psychiatric social worker counselors, drug-addiction counselors (all licensed in Illinois) and their supervised students, it is bizarre and simply wrong for the State to claim that ONLY physicians can provide mental health services and Medicaid won’t pay for non-physician services (unless provided by a certified and licensed community mental health center.)  This would prevent access to care for Medicaid patients to ALL private psychologists, counselors, etc.  This is simply a fraudulent scheme to deny mental health care to persons on Medicaid to save the Illinois budget. This is also a scheme AG Lisa Madigan uses to claim she is “tough on fraud” and to take advantage of the present climate of hating physicians. These fraudulent indictments of Psychologists and psychiatrist are used as a smoke screen and scapegoat to hide the fact Illinois is violating the Federal Medicaid Code and the Constitution. I was also fraudulently indicted, but found NOT guilty because I had a good attorney. Dr. Bennett did not have a good attorney.

 The Illinois Attorney General’s statement about the conviction that Dr. Bennett is a scumbag who ripped the state off for $400,000 billing for mental health services for children that never were provided is nothing but a bald faced lie.  AG Lisa Madigan should be impeached for fraud upon the court and fraud upon the public.

 This is penny wise and pound foolish, as failure to treat mental health patients increases, suicide, family break-up, and crime, as well as increased cost to the state for welfare, criminal justice, prison, and hospital care.

 Mental Health care in Illinois to poor persons is virtually non-existent. The United States healthcare system is in meltdown and our legislators are acting like children instead of addressing the issues.  I miss Senator “Teddy” Kennedy deeply! God Help Us!

Execution of an Innocent Man

August 26, 2009

Texas in 2004 executed an innocent man for murder of his three children because they died in a fire that he was accussed of setting. It has been discovered that the fire was not an arson, so it is expected that Texas will have to eventually acknowledge they convicted and executed an innocent man as a reward for losing his three children in an accidental fire. This is why the death penalty should be abolished. It is barbaric in a civilized world.

http://ow.ly/lr5F

Wrongfully Convicted Asks Jurors to Read Her Appeal, Help Correct Their Mistake

August 18, 2009

I want to publicly ask the 12 jurors who wrongfully convicted me to read my appeal, find out what was withheld from them illegally; find out what lies were told by the prosecutor and what judicial misconduct was done by the judge that denied me a fair trial. Then tell me they still think I’m guilty. 

I believe jurors should be held accountable and should have to read the appeal.  If they then think I should have been found innocent, they should speak out about the corrupt system and how prosecutorial and judicial misconduct was used to bias them and wrongfully convict me.

My appeal can be read at the following link:

http://www.scribd.com/doc/16301520/Appeal-of-Wrongful-Conviction-Battery-Shelton-Illinois-2009

The jurors names and general place of residence are as follows, which is public record, as they were stated in open court and their names are signed on the guilty verdict form. I wrote them after the trial asking them to review information that was withheld from them and to tell me if this would have changed their decision. NOT ONE had the courtesy to write me with an answer. I promised not to write them again, so I am simply putting this on the Internet and hoping their conscience bothers them enough to read it and correct their harmful mistake as the right thing to do:

William Moldenhauer          Northwest Side of Chicago

Francine Prisby                      Arlington Heights

Joanne Goodloue

David Bennett                          North Side of Chicago

Cayetano Silva                       Northwest Side of Chicago

Betty Jackson                         South Side of Chicago

Margaret Polovchak             Northwest Suburb of Chicago

Donna Smith                           South Side of Chicago

Brian Tobola                           Southwest Side of Chicago

Sarah Iwema                           Northwest Suburb of Chicago

Ana Arroyo                            Southwest Side of Chicago

Linda Engeman                     South Cook County

If any of these people have the guts to contact me, they can do so at my e-mail address:

picepil@aol.com

IL Denies Mental Health Care to Medicaid Patients

July 5, 2009

Attorney General Lisa Madigan is fraudulently prosecuting legitimate, quality providers of mental health care to Medicaid patients. She is using this to say she is “tough on fraud” and the State is using this to help balance the budget at the heavy cost to society. Without mental health care addiction increases, crime increases, mentally ill commit minor crimes such as stealing food and are victims of crimes, productive lives are lost, the State incurs increased costs of caring for these people and their families, $40,000 or more is spent per year to incarcerate non-violent offenders instead of providing them treatment so they can support their families, take care of their children, and contribute to the tax base.  This is corruption at its height.  Why is Obama administration ignoring this?

http://illinoiscorruption.blogspot.com/2008/10/criminal-scheme-of-il-attorney-general.html

http://illinoiscorruption.blogspot.com/2009/02/judge-jorge-alonso-overturns-federal.html

http://illinoiscorruption.blogspot.com/2009/07/excess-incarceration-rate-leads-to-more.html

High Incarceration Rate Leads to Increased Troubled Children and Welfare

July 4, 2009

Excess Incarceration Rate Leads to More Troubled Children and More Welfare

The huge incarceration rate in Illinois, where we send non-violent drug abusers and thieves to prison at a rate 40 times greater than any civilized country means that we are breaking our economy. The children of the prisoners are a great social burden when parents don’t earn an income or care for them. Tax dollars are also lost when prisoners do not work.

It is a much better solution to sentence non-violent offenders to curfews when not at work and community service to pay back what they took from society. Restorative justice is more appropriate. In prison less than 15% of addicts get treatment and there are five times more mentally ill in prison, without appropriate treatment than in all the mental health facilities in the country combined.

It is a much better solution to pay for daily drug addiction treatment, home monitoring, and mental health treatment than to pay $30,000 per year to incarcerate a prisoner, not treat them, and then send them back to a life of crime or untreated mental illness.

We are FOOLS in Illinois and the rest of the country! What a waste of dollars and human potential! Talk to your legislators. Elect only those that pledge to change this disaster. Our phony war of being “tough on crime” is a joke and has not worked. These prisoners, are usually released. If we don’t rehabilitate them, we deserve what we get.

For discussion and solutions to the problems see:

http://www.nytimes.com/2009/07/05/us/05prison.html?_r=1

https://drlindashelton.wordpress.com/2009/03/12/help-save-economy-by-saving-billions-with-judicialprison-reform-stop-torture/

https://drlindashelton.wordpress.com/2008/12/21/re-integrating-600000-ex-cons-per-year-and-growing-give-your-suggestions/

https://drlindashelton.wordpress.com/2008/11/30/punishment-and-fairness-comparative-nature-of-punishment/


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