Florida Department of Corrections
Mr. Stan Czerniak
Director of Institutions
2601 Blair Stone road
TALLAHASSEE, FLORIDA 32399-2500
U.S.A.
December 27, 1999
Ref.: * your letter of November 24, 1999 regarding death row non-contact visitation
* the memorandum of November 24, 1999 regarding Security ink pens for confinement
Dear Mr. Czerniak,
Thank you for your response to my letter of November 28, 1999 regarding death row non-contact visitation. You mention in your letter that you are reviewing the entire visitation policy. I’m glad that you understand the importance of visitation and the affect it has on both the inmate and the inmate’s family. You mention that your intent is not to diminish the quality of visitation but to ensure the safety and well being of all concerned. I let you know in my letter that there has never occurred anything during visitation that would justify a non-contact visitation. Leaves me to question why you would proceed to such a heavy policy, when there are other options to ensure the security of all parties that have a much less impact on the lives of both inmates and their families as a result of that. I would like to know what the status is of your research on this issue and whether or not you have made a decision yet.
I would also like to draw your attention to another issue going on at U.C.I., which is the memorandum issued to death row prisoners on November 24, 1999, titled "Security ink pens for confinement". In this memorandum, Staff plans on taking ink pens, pencils, drawing pencils and calligraphy pens for no legitament or logical reason. There can be no broad based ban for security reasons if no justifiable cause or concern exist, and even if there has been occurrences in which such items have been misused, in the words of Governor Jeb Bush, they have been isolated incidents and thus the individuals are subject to the DOC’s disciplinary rules already in place.
According to the 11th Circuit Court of appeals "Death row prisoners have not necessarily shown themselves a threat to the internal operations of the prison, while persons on the YSL have" Bass vs. Perrin, 170, f3d. 1312 (11th Cir 1999). Furthermore the timing of this memorandum is reprehensible in that it in effect deprived of these recognized therapeutic and rehabilitative avenues of expression.
Not only do the prisoners benefit from these forms of expression, but so do the friends and family of the prisoners. This is the reason for us, the friends and family of death row, to supply funds to them to purchase these items. To simply come in now and take these items from them is not only a slap in their face, but in ours as well!
We request and demand that those items be immediately returned to the death row prisoners and that your Department of Corrections Staff cease and desist from any and all further actions against our friends and loves ones which are designed for no other purpose than to punish them without cause or provocation.
I hope to get your response on these matters very soon!
Yours sincerely,
Ms. Corina van Ommeren
B. Zweersstraat 10
1544 MB ZAANDIJK
THE NETHERLANDS
Telephonenumber: ++31 75 6219615