UPDATE DECEMBER 2020
As always I'll start this update with thanks! Thanks to those of you who support us, you are more and more numerous and we really appreciate it! I wish you all a Merry Christmas! and also Happy Hanukkah!
Here's the news:
Stimulus Check :
Regarding the stimulus check, we know that some of you have asked your family and friends to check the status of your application on the IRS website. The following message appears: "Payment Status Not Available", don't worry this doesn't mean that you weren't entitled to it, we know that some inmates in the general population have received theirs and that this message appeared all along their application. We are in contact with the California lawyers in charge of this file to get more information regarding the processing time of your applications, but so far everything seems to be going normally. We will give you more information as soon as possible.
Concerning JP6, many rumors were circulating about the fact that JPay had stopped the shipments of JP6 until January to fix technical malfunctions etc...But to this day JPay has never confirmed the information. The JP6's that had not yet been shipped were shipped this week and we made sure that those of you who had broken tablets could benefit from a replacement tablet being shipped ASAP.
Now we have a lot of problems with JP6 and the various malfunctions you already know about. We are currently managing this file with JPay's lawyers who are looking into the matter. Indeed JPay/Securus claimed that JP6 would be an improved version of JP5, as you have seen it is far from being the case and it is a serious mistake on the part of this company. We are doing our best to correct these problems, especially about tactile keyboards.
We have also brought to the attention of JPay's attorneys contractual violations regarding contract #C2885 and its amendments #A2 and #A3. In these contracts it is stipulated that ALL inmates in special housing, which is the case of death row, have the right to have their e-mail printed in black and white, without attachments, at no cost, in order to allow you to stay in touch with your family and friends. This part of the contract has never been respected, as they charge you $0.25 and sometimes even $0.50 per printed email. We have asked the FDOC who claims that this concerns inmates who have no access to the kiosk at all, but it is not mentioned in the contract, so we are trying to make sure that this is respected, so that those of you who find yourselves without a tablet (excluding suspension for violation of the 33-FAC rules regarding the use of JPay services) can have their emails printed in black and white at no cost. We are also trying to make access to the indoor kiosk easier in cases of a malfunctioning tablet, as JPay also mentions the indoor kiosk and its use to stay in touch with your loved ones in its contract. This part is a more complex battle because the goodwill of the FDOC and its staff also comes into play, I don't need to explain to you why it's so complicated to get the right things done.
We need some information. If you can give us the names of what games and movies you have been refunded for, it would be very helpful to us. Try to centralize the information and some of you can send us a list.
According to our latest information you should receive these t-shirts this month.
33 FAC rules:
We are awaiting the report and decisions of the FDOC following the public hearing we attended and submitted our comments on in November 2020.
The Florida Supreme Court won’t be returning dozens of convicted murderers to Death Row.
In two decisions on Wednesday that clarified months of confusion, justices said they did not have the legal authority to reinstate the death penalty for the killers who had previously been on Death Row, but had sentences tossed out because of legal questions over whether juries must be unanimous in meting out the ultimate punishment.
the justices determined that new sentencing hearings must be held for this pair of inmates. They are among more than 100 murderers who had death sentences vacated over the issue of whether juries had to unanimously recommend capital punishment.
“We realize that resentencing in a capital case is time-consuming and costly, all at the public’s expense. These considerations, however compelling, do not give us license to exceed the legal constraints on our authority,” the court ruled in one of the cases.
MP3 Lawsuit :
Here is the latest information about this case and the hearing that took place on 12/4/2020. This will be of particular interest to those of you who have not yet received anything even though you are eligible.
"The hearing happened on December 4th, and the Judge indicated that he would approve the settlement, although he has not entered an order yet. Unfortunately, the distribution of credits has been delayed. The FDC’s process of checking each person who submitted a notice is taking longer than expected. I don’t have an estimate for when it might happen. We’re working to make it happen as quickly as we can."
Florida Justice Institute
Those of you who have contacted us over the past few weeks know that we have dealt with some small issues and some larger issues that concern you, on all types of issues. Don't hesitate to contact us! If you need help we are here for that and we will treat each of your problems with the same attention.
Our team of volunteers is starting to grow, especially regarding our social networking tools and website, which allows us to have a good availability and to continue to grow and increase our work for you and your family and friends.
Take care and know that we care
UPDATE NOVEMBER 2020
As always I'll start this update with thanks! Thanks to those of you who support us, you are more and more numerous and we really appreciate it!Thank you also for your words of encouragement and for your letters!
Here's the news:
Stimulus Check :
Concerning the Stimulus check, there is no information or measure that goes against what we announced a few weeks ago. We are 11/5 so I hope that each of you, entering the eligibility criteria has done what is necessary to send a 1040 or 1040SR form, because the deadline has now expired. It will probably take several weeks before all this will be processed, but we are happy to see that "for the moment" nothing is disturbing the smooth running of the process.
We have received the following information from JPay's tablet manager, which we have confirmed 3 times: 1. Those incarcerated with a life sentence (including Death row) will have the option to send their JP5 tablet home at no charge, so it can be used by their friends or family
--------------------------------------------------------------------------------------------------------------------------------------------------------------Good morning.I received confirmation that the inmates with a life/death sentence will be notified in December in regard to having their JP5 sent home.
LONNIE GOLDENManager, Tablet Ticketing Team
Many of you, especially through your families and friends to whom we have given this information, have told us that they have received conflicting information from staff. Please be assured that this information has been checked 3 times with different contacts at Securus/Jpay and is therefore valid.We are currently liaising between the different staff members of FDOC and JPayto ensure that the relay of this information is effective and that the agreement obtained is implemented as announced by the supplier. We are aware that this is not the ideal agreement, what we are working on is a refund of 80%of the tablets older than 6 months and 100% of the tablets younger than 6 months in media credit and we will do our best to get closer to this goal. From What we read from families, inmates and other activist groups in the general population, we think in any case that this story will end in Lawsuit against Pay in order to obtain this reimbursement. Once again, we are fully aware that sending the tablets back to your family or friends is not the ideal arrangement, but it is already a step forward from the "theft" that JPay had planned to make.
Many rumors are circulating about it, the latest one is that these tee-shirts are only for women, I can confirm that women didn't receive them either and what they hear on their side is that there is a stockout. We are in contact with several people, including the FDOC purchasing manager to find out what the situation is, for the moment we don't have the information yet, but we sincerely hope to learn more in the coming days, we are putting all our energy into this research.
33 FAC rules:
We have been working on what we would like to get regarding the list of rules we made for you last time:
1. Administrative Confinement;
4.Kiosk and Tablets;
6.Disciplinary Team,Hearing Officer Findings and Actions;
7.Rules of Prohibited Conduct and Penalties;
10.Maximum Management; and
11. Death Row.
Tomorrow we will send our comments and requests to the FDOC in preparation for the public hearing on 11/12/2020 in which we will participate(video/telephone).There were actually 2 notices issued. Some of the issues intertwine and or overlap or are related to each other.They have crammed a lot into the agenda. So with a hard stop at 1pm, we do not have a guarantee that all the rules will be reviewed at this public hearing, we are sure they will be:
4.Kiosk and Tablets;
We will, of course, provide you with a report on this hearing in our next update. We are still waiting for the text: 33-210.1011 Processing Routine Mail Electronically which is not yet available.
An Earthquake in Florida’s Criminal Justice System’: Conservatives on Florida Supreme Court Overturn Decades-Old Death Penalty Precedent
The Republican-appointed justices on Florida’s Supreme Court overturned a nearly 50-year-old precedent on Thursday that required the court to ensure the proportionality of the death sentence when compared with other cases.
In a 5-1 vote, the court reasoned that the 2002 addition of the Conformity Clause to the state’s constitution rendered the court’s mandatory proportionality review precedent “erroneous,” saying it “must yield to our constitution.” The clause provided that the prohibition against cruel and unusual punishment “shall be construed in conformity with decisions of the United States Supreme Court which interpret the prohibition against cruel and unusual punishment provided in the Eighth Amendment to the United States Constitution.”
Condition suit :
We are still working on this lawsuit about the conditions here and especially about solitary confinement.The agreement that is currently being discussed would still leave you in your cells 20 hours a day and 72 hours during week end , this agreement cannot be considered acceptable and we have to make the lawyers in charge of this case fight to get better, because it will be very complicated to go back on what will be decided. We are also working on a smaller issue concerning the fact that you can take your bottled water when you go to rec. FCADP Website :Our new websites, designed and managed by a certified webmaster will be launched in the next few days. We have created a blog section for you to express yourself. You can talk about your case, about the conditions here, make your voice heard, you know that's what we are here for, we have always said so.There are many blog platforms where many of you publish, however we want to bring a breath of fresh air here, we don't just want you to be able to express yourself, we also want that to be crossed with all our efforts to bring about change. It's teamwork, it's what we believe in here at FCADP, it's by bringing together every link in the chain that we will be able to make a difference. We deeply believe that the death penalty is fought from point A to point B, this concerns the sentence itself, the injustice of the system, the wrongful convictions, but also the conditions that you undergo on a daily basis and also this that your families endure. Yes, they are those in which we deeply believe and our way of working is to work in depth, by treating each problem from the smallest to the largest without any difference in energy, because each problem has a solution, even if it is a long fight, believing in it is already part of the success. Each of you is therefore free and welcome to express yourself on our platforms if you wish.
Take care and know that we care
UPDATE OCTOBER 2020 SPECIAL STIMULUS CHECK
Dear friends and supporters of FCADP!
Some of you have received a short note from us regarding the "stimulus check". This note was brief because we needed it to reach you quickly. We know that some of you were already familiar with the subject, some less so and some not at all.
So we will now give you some more information:
The first thing to keep in mind is that nothing is 100% certain, there is still an appeal that can be won and overrule this decision making you ineligible. No, nothing is for sure, but what we know and what the lawyers have told us is that if you do not send this form in time and the justice leans in your favor you will not be able to claim this check. So it is better to try it, We insist on the fact that we have been advised by lawyers and that the filing of this document is perfectly legal.
Here is a brief summary of the situation:
The Judge’s preliminary injunction further ordered the defendants to reconsider their prior denial of advance refund payments to any person based on incarcerated status within 30 days, whether the denial was based on a 2018 or 2019 tax return, or on claims filed through the IRS’s online “Non-Filer” portal.
Earlier, on August 1, 2020, Lieff Cabraser and the Equal Justice Society filed a groundbreaking lawsuit against the United States Department of the Treasury and Internal Revenue Service on behalf of a nationwide class of people who were incarcerated at any time from March 27, 2020 to the present—that is, people serving a sentence in state or federal prison. The lawsuit seeks to have a court order the Defendants to issue CARES Act stimulus relief to all eligible incarcerated people, or up to $1,200 per eligible person plus $500 per qualifying child.
Note: This case also benefits people who were incarcerated both before and after March 27, 2020. If they were incarcerated both prior to March 27 and at least some time afterward, then the IRS may have denied them an Economic Impact Payment based on their incarcerated status. The Court’s preliminary injunction establishes that the IRS should not have done that. If they were only incarcerated before March 27, then they were unaffected by the IRS’s policy of denying benefits to incarcerated people, and should a have received a stimulus check. If they have not, they can file the same steps below to file a claim with the IRS, if eligible.
You can also look at the case : Case No. 20-cv-05309-PJH
Am I eligible?
You are eligible to file a claim if you satisfy all of the following requirements:
- You are a U.S. Citizen or Legal Permanent Resident
- You are not married to someone who lacks a social security number, or have a child who lacks one, UNLESS you or your spouse served in the Armed Forces in 2019
- You filed a tax return in 2018 or 2019 or you were exempt from doing so because your income in 2019 was below $12,200 a year or, if married and filing jointly, below $24,400
- You were not claimed as a dependent on another person’s tax return
On October 7, 2020, the U.S. District Court ordered the IRS to apply an extension of the filing deadline for paper claims to October 30, 2020 (previously granted to certain community organizations) so that it would also apply to the claims of the incarcerated in the U.S. The Court thus extended the deadline for postmarked paper claims to October 30, 2020.
The Court also ordered the IRS to immediately correct misinformation on its website, issue accurate and updated guidance to its own employees on claimant eligibility, alert prison officials to the new extensions and other policy rulings, and send direct notice to incarcerated people about this now-expanded claims process.
We are sending you a 1040 form or a 1040sr (for those of you who are over 65 years old.)
For this I remind you that we need to receive ASAP the list of the guys around you who need to receive this form. (We already have several names).
IMPORTANT INFORMATION! You have to fill and send this form yourself, do not use your loved ones to do it the IRS will reject it. The deadline for submission is 10/30/2020.
We can feel the panic rising in some of you...HOW TO FILL IT OUT ??! :-)
Okay take a breath and we'll explain everything here:
1. Write "EIP2020" on the top of your form.
2. Check the filing status that applies to you (“single,” “married”) Remember: you CANNOT receive a stimulus payment if you can be claimed as a dependent.
3. Lines 1-11: °Enter $1 on lines 2b, 7b, and 8b. ◦ Enter $0.00 on line 11b. ◦ Leave every other line in this section blank.
4. Mail the return to:
Department of the Treasury
Internal Revenue Service
Austin, TX 73301-0002
5. In order to be sure that your check is applied correctly once it is sent to a correctional facility, you must add your unique correctional identification number to the address line of your claim.
Anyone who has requested a form from FCADP will be added to our contact list, so if you have any further questions we will be happy to assist you.
Don't forget to spread the word, it's more important than ever!
Take care and know that we care