September 6, 2024
To Whom It May Concern:
We at the Oregon chapter of Citizen’s United for the Rehabilitation of Errants (CURE) recognize and acknowledge that we view prison operations differently than the administrators and staff working there. However, we have often worked collaboratively with the Oregon Department of Corrections (ODOC). When the department’s design team produced a blueprint for a prototypical prison that included televideo visitation (then called ‘remote visiting’) in 1999, CURE was concerned. Because the department was attuned to the importance and fragility of family connection, it met with CURE about what ‘remote visiting’ might mean for families of adults-in-custody (AICs) and adults-in-custody themselves. A representative from ODOC’s New Prison Construction branch attended monthly CURE meetings for nearly a year to discuss the concept’s scope, technology, and rationale. Finally, the department decided to mothball the idea until remote visitation might be offered to AICs as an enhancement rather than a replacement for regular contact visitation.
In these discussions, an overlap between ODOC’s and CURE’s perspectives became clear to both parties. First and foremost, families of AICs and the department shared many desired outcomes—for example, both ODOC and CURE desire to have AICs leave prison and successfully transition home. Additionally, families of AICs also want prisons to be safe and secure. It is impossible for an AIC to effectively program when they must be constantly aware of threats to their own safety. Finally, there was an appreciation on the part of CURE that the department seemed to be committed to a few important principles when evaluating new operational and security measures moving forward.
In those early discussions with CURE, the department stated that processes were in place to ensure AIC’s ‘quality of life’ and ‘program needs’ were considered when creating new policies to address emerging security concerns. ODOC assured CURE the following questions were answered when developing global operational alternatives for ODOC. Was there a demonstrable need for new measures? Were there specific concrete instances where a security breach could be tied to the practice in question? Were the security concerns based on real experiences and not the product of ‘what if’ thinking?
Was the proposed solution the least ‘restrictive means’ of addressing the fact- and data-based need for increased security? Were all the stakeholders contacted and heard? Were the AICs themselves given the opportunity to weigh in before a new practice was given the go-ahead? A wary trust that was forged between ODOC and CURE during that time period has matured over the years.
In the current proposed revisions to the AIC Mail Rule, CURE has identified several changes that would negatively impact the ‘quality of life’ for AICS, compromise the fragile bonds between AICs and their families, and result in further erosion of the belief in AIC populations that ODOC recognizes their fundamental humanity. These changes even seem to conflict with the following portions of the stated Mission, Vision, and Values of ODOC (relevant language highlighted):
Preparing Offenders for Reentry
We provide meaningful work experiences, education, programs, and opportunities for offenders to develop pro-social life skills to become productive citizens. We continue to focus on lowering the recidivism rate. We recognize offenders can change. We promote healthy relationships that are essential to an offender’s incarceration, successful reentry, and community supervision…
Partnering with Our Stakeholders
We build relationships with our stakeholders by fostering communication through an open exchange of information. We work together to return offenders to law-abiding, productive community members and reduce future criminal behavior and victimization.
VALUES
These values represent our beliefs as an organization and serve to set the tone and standard for everything we represent and do. The values listed below, should be considered and embedded in every decision we make. These values support our mission and vision.
Integrity & Professionalism,
Dignity & Respect,
Safety & Wellness,
Fact Based Decision Making Positive Change,
Honoring Our History,
Stewardship…
Of particular note, portions of the proposed rule that would restrict paper color, envelope color, paper and envelope size, and paper weight would unnecessarily negatively impact both AICs and families. There is no rationale for these changes other than the ubiquitous ‘security concern’. CURE believes these changes are excessive and will prevent Christmas cards, Father’s and Mother’s Day cards, Birthday cards, Valentine’s Day cards, etc., for all inmates (not just the few who may have attempted to abuse rules currently in place). By the restriction of ‘white only’ paper and envelopes, ODOC removes another avenue for loved ones to keep their emotional connection to their AIC alive and vibrant.
While the size restriction on envelopes to being no larger than 9” x 12” might work for most certificates, licenses, or other official documents, (excluding legal documents, often requiring 9” x 14” manila envelopes,) in theory, the restriction of only using white envelopes (not Manila) is onerous and expensive for families pinched by daily cost-of-living concerns. Non-white envelopes are often sold as part of the purchase of greeting cards as discussed above. Why disallow them?
An essential part of the Oregon Accountability Model is the application of the model to each individual AIC’s behavior. As a rule, group punishment does not work for holding AICs accountable. Global rule changes seem to punish everyone for the behavior of a few. Again, CURE is not aware that these changes are tied to actual event(s) documented at an ODOC facility and with public records of charges against those who try to introduce contraband into correctional institutions via the mail. On another note, removing colored pencils as allowed correspondence instruments for AICs is problematic for similar reasons. These colored pencils had to have been purchased by the AIC through ODOC. Part of the reason for purchasewould have been to produce something beautiful for those people who love and support the AIC. Why would ODOC not allow that method of producing correspondence?
Finally, CURE wishes to take exception to the following statements:
1) the proposed rule does not disproportionately impact communities of color and,
2) the proposed rule does not have a significant financial impact.
Communities of color are more dependent on traditional forms of communication. Changing the mail rule will affect a more significant segment of populations of color who may need the means to purchase electronic tablets or travel to visit. Minorities are already grossly over-represented within ODOCs AIC population. While the proposed rule may not significantly impact the cost of government, proposed changes may dramatically impact the costs to the families of AICs as expensive alternatives to old-fashioned mail are offered to the AIC and families in lieu of traditional mail. Other families will be tasked with finding and purchasing new materials to send correspondence to their loved ones. In conclusion, these changes all seem to be ‘a-solution-in-search-of-a-problem’. They seem to have emerged not as a reaction to a series of events but as something else.
Whether proposed by a vendor or merely elevated by concerned staff, the proposed changes substantively change the portions of the rule discussed above and ignore some of the most important aspects of prison life. We ask you to remember that quality of life matters to an AIC, communication matters to an AIC and their loved ones, and the established trust between an AIC and ODOC matters.
ODOC’s past commitment to the use of the least restrictive means of achieving a legitimate correctional objective also matters. The difference between jails, meant to meet the needs of AICs serving less than one year, and prisons, where some AICS will serve the rest of their natural lives, is profound. Jails and prisons require different solutions to problems that may look similar but are substantively different.
CURE appreciates the opportunity to participate in the review process. Mail is of paramount importance to friends and families of AICs and AICs themselves. We object emphatically to the changes discussed. We believe the methods detailed in the current rule are adequate to control the flow of contraband, and these changes are unnecessary and unfairly punitive to both AICs and their loved ones.
Submitted by
Oregon Citizens United for the Rehabilitation of Errants
Oregon CURE
Oregon CURE 
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