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JOURNAL COLUMN

Inmates shouldn't be made illiterate

Published

It's not often that I agree with the American Civil Liberties Union of New Mexico, but as they say, politics can make for strange bedfellows.

An ACLU-NM staffer pitched a fit over a syndicated cartoon a few years ago, so I have no love for the organization and I don't believe a damn word they say about supporting free speech.

But when they're right, they're right.

The ACLU-NM and two prison inmates convicted of first-degree murder filed a lawsuit last month challenging New Mexico Corrections Department practices preventing inmates from receiving books, magazines and other publications through the mail.

A February 2022 NMCD memo bans all physical mail, photos and literature from being accepted by state-run prison facilities, purportedly for security reasons.

Inmates now have to view an electronic version of their mail. A vendor in Florida scans incoming mail and uploads items to inmate computer tablets, a NMCD spokesperson explained to the Journal.

The spokesperson said the NMCD does not pay anything to the vendor, Smart Communications, which leaves the question, who does? I'll bet you dollars to doughnuts the inmates are getting squeezed for the electronic scanning service, and that they have no choice but to pay for it or they don't get mail.

"SmartInmate by Smart Communications connects family and friends with incarcerated individuals through an easy-to-use online communications system," states the company's website. "When using SmartInmate you can connect in just minutes and correspond every day in near real time instant communication with your loved ones. Sign up and connect now, it's quick, easy and free to sign up!"

Yeah, and I bet a letter from mom costs much more than a postage stamp.

Prison officials have said the policy is an attempt to stem the flow of drugs and other contraband into facilities. That's understandable. Potent strips of drugs, which we used to call acid, can be slipped into envelopes and letters. And I suppose the ole file in a cake can still get by the overnight holiday shift.

My dad was a state prison guard in Indiana, so I learned a few things about contraband as a kid. He used to take old broken watches to an inmate who would fix them for a can or two of chewing tobacco. My dad had a lot of old watches that kept time just fine. Those kinds of interactions were not uncommon decades ago between prison guards and lonely old convicts, who spent a lot of time together and developed friendships, although today a guard could get sent to jail himself for doing something like that.

Corrections Department policy states magazines and other packages are no longer accepted because they can't be run through the vendor's scanner. The policy doesn't state if the rules apply to books and other publications such as newspapers, leaving ambiguity. As a result, the ACLU-NM says inmates at both state and privately run prisons haven't been able to access news and literature as they used to.

ACLU lawyer Lalita Moskowitz says different rules apply at different prisons, that the policy memo was not memorialized in any official NMCD policy, and neither inmates nor their families were notified about the change in 2022. That's unacceptable and disrespectful to the families who need to know the rules.

“NMCD has impermissibly restricted publications access through some combination of official policy, public memo, unwritten and/or secret policy, informal custom and outdated systems,” states their lawsuit filed in 1st Judicial District Court in Santa Fe on March 17.

A NMCD spokesperson told the Journal that facilities fund newspaper and magazine subscriptions for inmates, but the ACLU says they're not getting through.

What gives? That needs to get fixed. Mail is among the most personally prized possessions inmates have.

I think prison officials actually don't want inmates reading their local newspapers because they don't want inmates finding out who's been busted and who did them in. That's why you don't see newspaper stands outside prisons and jails.

But we must balance prison security needs with the interests of not completely shutting off inmates from the outside world and giving up all hope, because most of them will get out, especially here in New Mexico.

The road to rehabilitation begins with access to literature and reading. The ACLU-NM — and its small army of about 40 people, including about 18 practicing attorneys — understands that, but contradicts itself when it complains about a political cartoon.

But like I said, politics makes for strange bedfellows, as uncomfortable as it may be for us both.

Familial ties and an understanding of how the world has changed while inmates were behind bars are critical for reassimilation and reducing recidivism. ϼpapers and magazines do that.

The ACLU-NM contends the Corrections Department is violating the constitutional rights of inmates. I agree with them. Inmates have a constitutional right to read newspapers and magazines available to the general public.

NMCD needs to publish a clear official policy for all inmates and families that leans toward allowing maximum exposure and understanding of the outside world.

Any scanning process or anything else interfering with inmates’ right to literature is unacceptable and should be remedied by the courts.

Jeff Tucker is a former Opinion editor of the ϼ and a member of the Journal Editorial Board. He may be emailed at jtucker@abqjournal.com.