Supporting an incarcerated loved one is one of the hardest jobs you will ever have. Remember that the major job of the Department of Corrections is to provide security. They are not supposed to make your loved one comfortable. Nor do they care if you are comfortable. That is just not their job.

That does not mean that you are wrong to care about your loved one. In fact, we want you to care. We just know that it takes courage. If more of us dared to care, the system would improve.

You and your loved one may never have any problems with the Department of Corrections while s/he is in prison. That would be ideal, and we hope that will be the case.

We do know of many, many inmates and family members who have had difficulties with the Department. This book is written for those who do have problems. We hope that it will provide some helpful hints on how to help a friend or family member who is in prison.

• We have included a glossary of terms in Appendix E.I Look there if you see a word or phrase you do not understand.
• Encourage the incarcerated person to do ail s/he can to correct the situation. If s/he has received an unfair locket, s/he should ask for a hearing. If s/he can grieve the situation, s/he should do so. in most cases, you will not get help from Michigan Department of Corrections (MDOC) employees until all these steps have been exhausted.
• When working on a problem, document everything. Write down what happened. Save a copy of all letters you write. Take notes during phone calls including the date and time of the call, with whom you spoke and what was said.
• Remember that others are busy. Be as brief as possible.
• Do not threaten anyone.
• If you are very angry, wait until you calm down before you act.
• Understand that there may be some retaliation if you complain. We know of inmates who have been transferred and inmates who have been threatened because they stood up for their rights or someone else stood up for their rights.
• Let prisoner know this book is available.

The facts are very important. If you or your loved one has a problem, take time to write down what happened. Don't forget to include the following:

• When it happened --date and time.
• Where it happened.
• Who was involved, including officers, inmates, family members, friends, and witnesses.
• What happened including:
• Who said what.
• Who did what.
• In what order were things said or done.

Do not trust your memory. It may seem, at the time, that you will never forget the details. Don't believe it. We all forget. Play it safe, and write as complete a record as you can. Do it as soon as possible after the incident.

If you are going to try to help, you must have all the facts. That means you must have all the documentation. As we explained in the earlier sector, it is important that those who were involved write down exactly what happened.

It is also important to get the MDOC's side of the story. To do that, you must know which documents you need. In nearly every case, there is a Policy Directive which describes the Department's official policy on this type of problem. For example, if the problem involves a grievance, there is a Policy Directive relating to grievances. The inmate can get a copy by going to the Law Library and asking for the one that applies.

Below is a list of types of problems we know others have had. With each problem is a list of additional documents which you should have if you are to learn the whole story.

TICKET OR MAJOR MISCONDUCT

• The Major Misconduct Report
• Photographs or videos
• All documents generated because of the ticket investigation
• Hearing Investigation Report
• Witness statement(s)
• Hearing Report
• Security Classification Committee Report

PROBLEMS WITH MEDICAL CARE

• Progress Notes
• Physicians Orders
• All off-site treatment records
• Lab results
• Test results
• Surgery treatment reports
• Patient's Authorization for Disclosure of Health Records (release signed by prisoner)

FORFEITURE OF GOOD TIME

• The Major Misconduct Report(s)
• Notice of Intent to Forfeit
• Time Review & Disposition Report

PROPERTY

• The Property Rejection Slip
• Receipt of packing
• Resident's personal property receipt

ASSAULT

• Major Misconduct Reports
• Critical Incident Reports
• Any hearing documents
• Prisoner witness reports
• Control log entry
• State Police Report, if it exists
• Unit log

MAIL

• Property Rejection Slip
• Returned mail envelopes
• Notice of Intent to Conduct Administrative Hearing
• Administrative Hearing Report.

PAROLE

• Parole Guideline Scoresheet
• Parole Board Hearing Comments
• Notice of Action/Parole Board
• Past Security Classification Reports
• Parole Board Hearing Comments
• Notice of Intent to Conduct Parole Board Interview
• 20 Questions About Parole

TRANSFER

• Transfer Order
• Past Security Classification Reports
• Security Classification Committee Reports

Your incarcerated loved one will have most of these papers, and can send you a copy. If s/he does not have copies, s/he can use the Freedom of Information Act (FOIA) to get them.

The next section of this booklet explains how to use the Freedom of Information Act.

The Freedom of Information Act (FOIA) can be used to request documents from the MDOC (or any other government department or agency.)

Usually, the documents you want will be at the prison where your loved one is (or was) held. If that is the case, you should send your FOIA request to the FOIA Coordinator at that prison. (See Appendix B for addresses.) If the documents you want are in the Central Office, (for example, Administrative Rules, Policy Directives, Director's Office Memorandum, etc.) you must send your request to the FOIA Coordinator at Central Office. (See Appendix C for the address.)

When you are writing your request, describe what you want as carefully as you can. Give as much information as you have. For example, list the date the document was prepared, the author, the subject, to whom it was written, the name of the report, etc.

The FOIA Coordinator may refuse to give you the records. In that case, you will receive a form explaining why the records cannot be sent. The papers may not be available. (Be certain that you explained exactly what you wanted in your request.) They may be confidential. In this case you may need the inmate's written approval to get the records. They may affect the security of the institution. Challenging this ruling may take a long time and may be expensive. You may decide to drop it at this point.

If the records can be sent to you, you will be charged a fee for the FOIA. Generally it is just a charge for copying --a cost of 20 cents per page. But, if there is a lot of work needed to get the papers together, you may be charged an hourly rate for that work. Be careful, then, to explain what you want. You will get a letter telling you the cost of the request. The papers will not be sent to you until you send a check or money order, made out to the State of Michigan, for the amount of the FOIA request.

On the following page, we have given a sample of an FOIA request.

Your Address

Your City, State, Zip

Date

FOIA Coordinator

Address of Institution

City/State/Zip

or

FOIA Coordinator

MDOC

P.O. Box 30003

Lansing, MI 48909

Dear FOIA Coordinator:

Pursuant to the Michigan Freedom of Information Act, MCLA 15.231 et. seq., I am requesting copies of the following records:

Please contact me with the cost of processing the above request and forward the records to me at the above address.

Sincerely,

Your Name

Once you have collected all the information, you must decide whether to work to change the situation. Only you and your loved one can decide. Below is a list of things you should think about when making your decision.

• Was there a violation of law, Administrative Rule, Policy Directive or Employee Code?
• Is it an important enough issue? It isn't practical to argue about everything. Pick only the most important.
• Is there agreement on what happened? Is your loved one's description of what happened the same as the official MDOC version or is it the Department's word against the inmate's?
• Does the inmate want you to do something?
• Can you change anything? Some issues are very difficult. For example, it is nearly impossible to reverse a transfer decision. Decide if you have enough of a case.
• Can you point to other cases which are much the same? Will others work with you to make the problems known?
• Understand that you and/or the prisoner may be harassed. For example, the inmate may lose a job, receive tickets without good cause or be transferred. You may be treated rudely when you visa. Harassment is very difficult to prove. Outside organizations usually cannot help in these cases. You must decide if it is worth the risk.

Most problems do begin in the facility. Most tickets, medical care, forfeiture of good time, property, assault, mail, transfer and visiting room problems all begin at the prison. So, if you have decided to do something you should usually start there.

Below is a suggested list of persons at the facility to contact for each type of problem.

There are some problems which begin at Central Office. Below is a list of those problems and whom you might wish to contact:

The Central Office address is in Appendix C.

SHOULD I WRITE OR CALL OR DO IT IN PERSON?

When deciding how to handle the problem, think about your own personal strengths, how urgent the situation is, and what you want to accomplish.

Consider writing if:

• you write well or can get help in writing
• you get angry quickly
• travel is difficult or expensive
• you don't want to deal only with the person directly involved in the incident
• you want a written record
• the situation is not urgent
• you haven't much money.

Consider phoning if:

• you talk well on the phone
• you do not write very well
• you are able to stay calm even when frustrated
• travel is difficult
• a written record is not important
• you can afford the phone call
• the situation is urgent

Consider discussing it in person if:

• you do not write very well
• you are able to stay calm even when frustrated
• travel is not difficult or you are at the institution where you are having difficulty
• a written record is not important
• the situation is urgent

When you write a letter, follow these simple rules...

Keep your letter short - NO MORE THAN

ONE PAGE.

• Include important facts like dates, times, and names of MDOC employees, if those are important.
• If you cannot say everything in one page, think about listing key events on a separate page as a list. For example, list the date and time and (briefly) what happened.
• If you have important documents, attach them to the letter. Be certain they are readable.
• Keep a copy of everything you send.
• Ask a friend or family member to read the letter so you know that it is clear and has no major errors.
• Be polite. Do not use vulgar language. Do not threaten.
• If you want something to be done, state very clearly what you want to happen.
• Ask the person to contact you with the results of their actions.
• Be certain to include your own address and phone number.

If you believe that the person to whom you are writing may not do anything with your complaint, send a copy to that person's boss or the boss's boss. (See the section on Chain of Command.) Do not expect an answer from the persons to whom you sent copies. You are sending the copies so that, if the person you are writing does not answer within a month, you can contact his or her boss. (See the section on Following Up.)

When making a phone call, follow these simple rules:

• Have all facts and all records handy when you call. If you need to look some
• thing up, it should be easy to do so.
• Stay calm. Do not shout or threaten. If you fare feeling very angry, do not call until you feel better.
• Do not call near the end of a shift.
• Employees are getting ready to go home, and are not interested in talking. (The shift for security staff ends at 2 p.m. Office shifts end at 4 30 p.m.)
• Be as brief as possible.
• Remember to listen carefully. Take notes so you will know with whom you
• talked and what was said.
• Do not call often or with petty complaints.
• You will be ignored if you are a nuisance.
• If you want something to be done, state very clearly what you want.
• If the person says they will do something, ask when that will be done.
• If you agree to talk again, decide who will call, and when the call will be made.

When you decide to have personal contact, follow these simple rules:

• Stay calm. Do not shout or threaten. If you are feeling very angry or emotional, do not try to have personal contact.
• Be certain you are talking with the right person. If in doubt, briefly explain the type of problem you are having and ask with whom you should talk.
• If possible, make an appointment. (That may not be possible if you are dealing with a problem which occurred on a visit, for example.)
• Have all the facts and records handy when you call. If you need to look something up, it should be easy to do so.
• Be as brief as possible.
• Remember to listen carefully. Take notes so you will know with whom you talked and what was said.
• If you want something to be done, state very clearly what you want.
• If the person says they will do something, ask when that will happen.
• Decide who will follow-up and when it will be done.

It the situation is urgent (for example, a medical emergency), you may expect an answer within hours or days. If you do not hear anything, try to contact the person again. If that fails, contact the person's boss or the boss's boss. (See the section on Chain of Command.)

If the situation is not an emergency, but you do expect a response, allow more time. If the MDOC employee promised to contact you within a certain period of time, wait a few days beyond that before contacting him or her again. Unless you have made other arrangements, you should not have to wait more than one month for a response.

If you believe the person you first contacted was sincere, follow up with that person. Politely remind him or her of the problem. Explain what you thought s/he promised to do. Ask them what has been done.

Keep a record of all follow-up activities. Note to whom you wrote or with whom you spoke, the date and time it was done, what was said, who will follow-up and when.

If you do not believe that the person with whom you dealt will do anything with your problem, then contact the boss to whom you have sent copies. When you contact the boss, be certain to include a list of all attempts to fix the problem. List the date, time, type of contact, follow-up agreements, and any other important information.

If the problem still is not fixed, contact the Legislative Corrections Ombudsman's Office or the American Friends Service Committee. They are listed in the section Other Agencies Which May Help (Appendix D).

If the first person you contact does not fix the problem, you may want to contact someone else. The following charts give you some ideas of who you might contact. Begin at the bottom of each chart, and work your way to the top. The heavily lined boxes are personnel at central office in Lansing. The address and phone number of each prison or camp is listed in Appendix B. The address and phone number of the Central Office is listed in Appendix C.