THE 3 CS OF ADVOCACY:

The following information on advocacy work was put together by Rick Lines a well respected expert in the field of harm reduction in the prison setting. His expertise has been and continues to be instrumental in coordinating meaningful intelligent recommendations and guidelines with regard to the HIV/AIDS and Hepatitis C pandemic as it relates to the prison experience. His work advocates the safe implementation of tattooing and needle exchange and condoms in the prison settings. As with all his work the following is well thought out and incredibly useful. I feel a debt of gratitude to Rick for allowing me to share this information with you.

CONVERSION, COMMOTION AND COERCION:

1. CONVERSION: Conversion essentially involves convincing the staff member / person responsible that a mistake has been made and convincing them of the need to rectify it. This can mean making a simple phone call or writing a letter to notify a staff person of an oversight. If need be it can mean sweet talking the staff member or decision maker to convince them to assist you.

Depending on the receptiveness and responsiveness of your target this can either be the fastest and most efficient method or the slowest and least efficient method.

2. COMMOTION: Commotion is about making noise and causing a fuss. It attempts to pressure or embarrass the person/s responsible into rectifying the problem. Creating a commotion can be accomplished in many ways, and to varying degrees.

Options (in order of confrontational magnitude) include:
• Phone calls
• Letters
• Mobilizing other allies in cooperation
• Filing complaints with the Correctional Investigator, about the problem
• Filing complaints with the Solicitor Generals Office, about the staff member = s failure to act in accordance with their responsibilities & or professionally
• Media work/press releases
• Demonstrations
• Participating in Coroner's Inquests (which investigate all deaths in custody)

3. COERCION: Coercion refers to legal remedies such as launching lawsuits or other legal actions. While the legal avenue is often the first option that springs to the minds of both prisoners and community-based supporters to effect change, it should never be considered as the option of first resort because of the time, resources, and uncertainty involved. While appropriate in some cases it is seldom useful for accomplishing easy and quick change.

Once you have determined the what, the who, and the how B and have discussed the matter among yourselves (family, friends & prisoner) and decided upon a course of action - (Brain storming) B it is time to act on your advocacy strategy.

Note: you need authorization from the prisoner in order to get around Privacy Act restrictions which are, in theory, to protect the prisoner but often used by corrections staff as a shield to prevent prying and intervening community members .

__________________________________________________ _____________________________

CONSENT FORM:

To: Privacy Commissioner
And To: Correctional Services Canada
Re: Name and FPS #

DIRECTION & CONSENT TO ACCESS AND RELEASE INFORMATION

I hereby direct and authorize you to disclose any and all information, whether written, electronic, verbal or otherwise, to _______________ regarding or related to myself, including that which is/was contained in your files and/or that was/is in your possession. I hereby give my consent under the provisions of the Privacy Act, and any other relevant statute, required to give effect to such full and complete disclosure.

This shall be your full and sufficient legal authority to effect the above indicated disclosure, and shall be effective as of the date affixed below and shall remain in full force and effect and remain in continuing effect until revoked or rescinded by me in advance, in writing.

Executed this ______ day of __________, 2003 at the town of ______, __________.

Affixed hereunder is my signature and seal

___________________________

Name:

In Witness hereof, I , a person above the age of majority, set my signature and seal and attest and affirm that I was present at the execution of this Direction and Consent, which was executed without duress, coercion or other improper influence.

_______________________________

WITNESS

Name (Print) ____________________Address _____________________________________
Date of Birth ____________

__________________________________________________ _____________________________

TAKING ACTION:

By far the vast majority of advocacy efforts will involve making phone calls and writing letters. The centrality of phone calls and letter writing to prison advocacy warrants them a little more attention here.

PHONE CALLS:

If you have decided that the problem is best addressed by a quick telephone call to a prison staff member, call the main switchboard and ask to speak to the person in question (Parole Officer, Deputy Warden, etc.) After your call is patched through introduce yourself and ask for assistance with the problem. Calling a staff person on an individual basis is the softest approach. This advocacy option is least likely to cause undue fallout for the prisoner you are trying to help as it can usually be accomplished in a friendly and casual manner. However, phone calls don't leave a formal record. Since there is no documentation of the exchange it is easier for your concerns to be dismissed, ignored, misunderstood, or forgotten. It is then difficult to hold people accountable for any verbal commitments made to rectify the problem. Note: Remember to make a note of the date, time, staff member/s reached, and any comments made. The phone call is frequently just the first step in a longer advocacy chain, and the documentation you keep at this stage can help form the basis for later advocacy efforts.

RECORDING PHONE CALLS:

So long as one party (you) to the phone conversation consents to its recording the tape recording is lawful and may be used. It is not necessary to advise the other party that the telephone conversation is or may be tape recorded. The notification requirement applies to third parties and or agencies of the state or circumstances in which areas are subject to electronic monitoring. Bear in mind that for a tape to be used as evidence of deceit you must ensure you leave no wiggle room. When confronted with a tape people will often insist they were mistaken, mis-spoke or did not intend to deceive. Thus it is preferable to get a clear indication that they intend to say what they have said, believe it to be accurate and have verified relevant facts during the course of the conversation. However if this is not achievable during the conversation it may be possible to establish this afterwards through correspondence.

FORMAL CORRESPONDENCE:

If you have decided that the problem requires firmer action or a phone call has not resolved the issue you may choose to notify the institution in writing. Call the main switchboard and ask for the name and fax number of the appropriate staff member. Write that person a letter documenting your clients concerns following the guidelines for effective letter writing below. Writing a formal letter to staff is more likely to generate a response of some kind. By beginning a paper trail you create a situation where the staff must respond to you in some way, either to fix the problem or explain why it cannot be fixed.

Posted with kind permisson of Peter Collins; Inmate at Bath Institute

KEYS TO AN EFFECTIVE ADVOCACY LETTER:

< IDENTIFY THE INDIVIDUAL CONCERNED
< ESTABLISH YOUR CREDIBILITY by explaining your mandate
< IDENTIFY YOUR RELATIONSHIP WITH J Doe
< IDENTIFY AND EXPLAIN THE PROBLEM
< PROPOSE A SOLUTION that would meet the needs of J Doe.
< MAKE YOURSELF AVAILABLE to assist with the solution in an appropriate way.
< INDICATE YOU = LL FOLLOW UP on the letter, and specify how/when.
< LIST CCs B indicate who will receive a copy of this correspondence, if applicable.

EFFECTIVE LETTER WRITING:

Letters can be a very effective means of advocating for your client at all levels of the criminal justice system. Naturally, a well-articulated letter will have a much greater impact with decision-makers than will a quickie, off-the-cuff effort. Therefore, you should devote the time and thought necessary to compose a letter that will generate maximum impact, and leave the least amount of wiggle room for the reluctant recipient.

EFFECTIVE ADVOCACY LETTER EXAMPLE :

(Your name & address) (DATE_________)
(Name & Title of specific corrections official)
(Name & Address of Prison)
If delivered by fax, indicate so by : DELIVERED VIA FAX
Dear (Name of specific Individual):
1) Re: Mr. John Doe
2) I am writing to request your assistance with Mr. John Doe, who is currently incarcerated at your institution.
3) I am working with John to provide support and advice on his/her correctional release goals and related issues. My relationship with John is that of _________. (State the length of time, and strength of the friendship. If you are family indicate the bond and whatever else establishes your right to be concerned and your role).
4) John has been incarcerated since ______, and it has recently come to our attention that he is being refused support from his case management team (Unit manager/ Unit Board, etc) as a result of unsubstantiated ISO (Intelligence Security Office) reports.

John has completed all recommended programing (cognitive skill, anger management, etc) and has been involved in many positive extracurricular activities (Alcoholics Anonymous, Alternatives To Violence Project, Hobby Craft, Native Brother Hood, Chapel, etc.) & maintained a clean record while incarcerated and this documented record of positive behavior is being offset due to information that is unfounded and not in keeping with John's activities. I request your assistance to ensure that John's case is reviewed fairly.

5) While I understand the responsibility of the institution to ensure a safe correctional release both for the community and for the prisoner I feel it is incumbent upon the CSC to ensure that appropriate behaviors and honest efforts are noted and used in the final assessment of someone's case. My review of the relevant information indicates that this has not happened in John's case and I believe that the small step of a file review will help to ensure that John's progress and correctional release plans are not jeopardized.

6) If you have any questions, please don't hesitate to contact me.

7) I will telephone you this afternoon (or state a date and time) to discuss the situation. Thank you very much for your attention in this matter. Your cooperation and assistance is greatly appreciated.

8) Sincerely Yours

9) Your name

10) cc. (Name of Specific Individuals receiving a copy)

COPYING CORRESPONDENCE

If you want to be sure of receiving a response it is wise to cc the correspondence further up the bureaucratic chain to the person/s to whom that staff member reports (the Warden, the Regional Director of health Services for Corrections, the Solicitor general, etc) . You could also cc. the correspondence to your client's outside community supports, such as their physician, lawyer, and/or support worker/s. Sending a copy of the letter to government watchdogs such as the Ombudsman's office (for provincial corrections) or the Correctional Investigator (federal corrections) is another option. Remember that while copying the correspondence to others will definitely earn your letter a response it is also likely to anger the person to whom the letter is addressed. The more important the people cc'd the angrier the recipient is likely to be. This is not a reason to avoid this strategy. To the contrary a recipient's anger shows that you have successfully forced them to take your letter seriously. Still it is a reason to consider your strategy carefully and proceed thoughtfully.

You also want to avoid overusing this escalation tactic at the outset of your efforts. For example if you cc your first letter to everyone under the sun and the problem remains unremedied B you have inadvertently eliminated your avenues for increasing pressure through follow-up advocacy.

YOU HAVE NOW BEEN INTRODUCED to the basic process of advocating for prisoners inside a prison. To complete your introduction to advocacy read the following proven effective guidelines to keep in mind when planning your advocacy and throughout the process are below.


Posted with kind permisson of Peter Collins; Inmate at Bath Institute

STRATEGY GUIDELINES FOR ADVOCACY:

1. FAMILIARIZE YOURSELF WITH POLICY:

Gaining an understanding of prison policy and practice is essential before embarking on a course of advocacy. This knowledge will help clarify which options for resolutions are open, and which are closed to you. In addition, demonstrating specific knowledge will significantly increase your credibility when intervening.

Correctional Services of Canada Web site can provide outside supporters with direct access to the rules and regulations: HTTP://WWW.CSC-SCC.GC.CA/TEXT/LEGISLAT_E.SHTML

2. CLARIFY YOUR IMMEDIATE OBJECTIVE:

Limited objectives are always more achievable. Of course you should not ignore (nor do anything to undercut) your long-term objective to improve conditions. However do not be afraid to set more limited short-term objectives related strictly to the immediate problem at hand. Limited objectives are not a cop-out. A succession of limited victories can get you closer to your long-term goals than will a string of ambitious failures.

3. RELATE YOUR MEANS TO YOUR ENDS:

Assess the available advocacy options in relationship to your desired out-come. Just as you must be realistic in clarifying your immediate objective you must likewise use good judgment to assess the quickest and most effective way to reach that goal. Be sure to choose the right tool for the job.

4. HAVE A PLAN B (And a plan C):

Depending upon the severity of the problem you may or may not be able to resolve it with a single phone call or piece of correspondence. Therefore when creating your advocacy strategy it is best to assume that your first communication will fail. In this way if your first approach is successful it is good news for everyone. However if your first approach is unsuccessful you have already planned out your next moves and have laid groundwork for follow-up advocacy at higher levels.

5. USE A CALCULATED ESCALATION OF PRESSURE:

An incremental approach is usually better than going straight to the top of the decision-making chain. Target your efforts first at an institutional level and then on to the political level. Structuring your escalation in this manner gives the prison an opportunity to resolve the problem in-house - that is without being embarrassed at higher levels. This leaves room for goodwill in your relationship.
Should you need to escalate further it will also allow you to build a stronger and more compelling case at each stage up the ladder. For example it allows you to argue that you are forced to write directly to the Commissioner of Correctional Services because the institution has ignored your previous appeals for assistance or otherwise failed to resolve the problem.

6. INCREASE YOUR LEVERAGE:

Ultimately to increase your advocacy leverage you need to demonstrate your willingness to take matters to higher authorities but in a thorough, responsible and well-documented fashion. If you can earn a reputation as a person who acts thoughtfully, yet with strong conviction, you may find that a problem which took three letters to resolve the first time can be fixed with a single well-placed phone call the next time (or later down the road) .

Therefore while your immediate priority is always to assist the prisoner keep in mind that the advocacy process also involves building a reputation with both the individual institution and the prison system as a whole. Always conduct yourself professionally in all advocacy efforts as this will ultimately increase your advocacy leverage.

Other sources of increased advocacy leverage include bringing other allies (individuals, agencies, or networks) on-side in a cooperative effort; and generating publicity. Usually these latter two options should be saved for situations requiring further escalation.

7. FOLLOW THROUGH:

Don't leave the outcome hanging, or release the pressure on staff or decision-makers before the change has actually taken place. Unfortunately commitments alone are no guarantee of results. Allow a reasonable amount of time to elapse, and then follow up your last contact. Plan this follow-up ahead of time, and write it into your schedule.

8. ANALYZE THE OUTCOME:

It is important for you to evaluate and learn from the advocacy experience and build upon it for the next time. What worked and what didn't? Which staff were helpful to you and which were not? Are there people you could involve in the advocacy effort next time to strengthen your case? Are there avenues for pressure that you did not try that might be useful next time?

9. FOLLOW UP WITH EACH OTHER:

Make sure both of you are satisfied with the results of your efforts. Did the problem get fixed? Did it get fixed in a way that s/he can live with? If not then further follow-up with the institution may be required. Even if your efforts were unsuccessful it is still essential to follow-up with the prisoner and explain what has happened. It is important that they know you tried your best and didn't just ignore their request for help.

10. FOLLOW UP WITH THE INSTITUTION:

If your advocacy successfully resolved the problem then a thank-you to the staff person/s who assisted you is appropriate. A quick thank you phone call will go a long way towards building your reputation with the prison staff.

A formal written thank you is especially important if you have cc'd an advocacy letter higher up the prison bureaucracy. It is only fair that the same people who were notified of the problem are also told that is has been rectified. If you have been working through the Head of Case Management to resolve the issue (for example) send them a letter thanking them for their help and send copies to the same people who received your previous letter/s. This is both respectful of the staff attention given to resolving the matter and useful in demonstrating your willingness to recognize and reward any assistance prison staff lend to resolution.

11. DON'T DESPAIR:

Some of the above follow-up tips are based upon the assumption that you are able to resolve the issue successfully. However the reality of doing support work in a prison is that you will never be able to fix every problem. Ultimately the prison controls what goes on within its walls. In many cases you can do everything right and still fail to get the problem solved.

If there is no policy in place at a federal level to address your prisoner's particular need you will have no ability to resolve it in the short term. This does not mean you are a bad advocate. Likewise if the institution digs its heels and refuses to address your concerns there is not really anything you can do about it other than use the experience to inform broader systematic advocacy initiatives and campaigns.

Distilling the intricacies of successful advocacy into one short chapter is impossible. So many of the nuances and subtleties used by skillful advocates only develop through experience and through a detailed understanding of their particular working environment. This is not to say categorically that you cannot advocate successfully without such detailed knowledge. However the better your understanding of the relevant policies, the institutional system and cultures in your region, and the personalities involved, the more easily you will recognize the most effective options when faced with an advocacy issue.

Effective advocacy is about knowing what buttons to push to resolve your problem, when to push them and how hard. Different approaches work better for different people, for different institutions, for different issues, and at different moments in time. Through experience you will learn to assess which approaches offer the best opportunity for a speedy resolution of any given problem.

Posted with kind permisson of Peter Collins; Inmate at Bath Institute