FRP Refuse

   About six months ago the Unit Case Manager came to the door of my prison cell and asked me to sign the six month review that he printed off from his computer. The form is supposed to contain information relevant to my “rehabilitation”, which is kind of silly considering I’m on death row. It’s also full of a lot of wrong and completely untrue information, such as extremely exaggerated drug abuse (I’ve used marijuana in the past, but never let it interfere with work or school; the prison report paints me as a meth-addict, even though I’ve never used meth in my life; I’ve played with coke a few times, but I’ve only done so when I could afford to do so (an occasional weekend, but no more) and I’ve never been in trouble for using drugs of any kind). It also fails to acknowledge any of my academic accomplishments. The report claims I am in fact a high school dropout. It also says I was homeless and unemployed at the time of my arrest, which is technically true, so I guess I really can’t argue, except that prior to my “arrest” in Fargo, North Dakota (where I was technically “arrested” for molesting two boys on a playground, though I actually walked into the jail myself, and walked out a couple of hours later on bail that I posted with a check drawn on my own bank account (i.e. nobody “bailed me out” as some people claim, though I did borrow the money from a friend so I could bail myself out), and I was never cuffed or placed in a cell, only photographed and fingerprinted) I was working two jobs and attending NDSU (North Dakota State University) in my final semester to complete an B.S. degree in Computer Science. I paid all my bills every month, was never late paying rent, and generally had no problems managing my money. I worked full time as a computer programmer for an industrial automation consulting company, based in Moorhead, Minnesota, and part-time as a computer programmer/research assistant in the Computer Science department at NDSU (under Professor Bruce Slater). My employment record, up until that initial arrest, for both jobs was impeccable; I always showed up for work on time, and performed my job above expected standards (I was a well above average programmer to say the least). I’d hardly count that as “homeless and unemployed”, though I was both of these things a few weeks later after I jumped bail and set out to “punish society” for destroying me.

   Those are just some of the errors that this “official report” contains about me. I’ve tried to point them out in the past, but was basically told, “Unless you can provide proof that the report is in error it stands as is.” Since I really didn’t (and don’t) care what lies the System tells about me (since it regularly tells so many lies about everything else), I never bothered offering “proof” (though I did send a copy of the report to my attorney with all of the misinformation highlighted and explained, just in case anyone tries to use the lies in court someday, which is par for that particular course). So now when a six-month review comes up and I’m asked to sign this same report every time, uncorrected, I simply look it over to note that it is still in error, then make some note, such as “signed, though report is in error”, and then sign it to make “them” happy. If I refuse to sign it then they make a big note of the fact in my central file as a way to flag me as a “trouble maker”.

   Also, six months ago, the Case Manager at my door said, “Oh, by the way, we’re increasing your FRP (Financial Responsibility Program) payments from $25 per quarter to $25 per month.” (Not an exact quote.) And, he wanted me to sign a new “FRP Agreement” form. I protested that the only reason I had more money than usual over the previous six months was because I had asked a friend to send me money to buy an MP3-player (which cost about $75) and some music (which cost about $300). I tried to point out that the money they were taking from my account for FRP was all money given to me as a gift by people who wanted me to be able to purchase a little commissary, it was not MY money for them to take; i.e. they were indirectly but effectively taking money from my friends, not from me, since my friends will gladly send more money to pay the FRP so I can still get commissary (and pay for phone calls and stamps and such). Of course my arguments held no sway, I was after all just a “manipulating inmate” trying to “scam” the system. So, I ended up signing the agreement, because if I didn’t agree (by signing) then I would be placed on commissary restriction more severe than a disciplinary restriction! I’d only be allowed to spend $25 a month, which is barely enough to pay for coffee and toothpaste; they call it “FRP refuse”.

   But, I didn’t just decide to let my friends pay the FRP tax (the money is supposed for court fines and victim compensation, but I doubt if it goes any further than some general fund that gets used to pay salaries and other prison expenses; when I asked where the money went I was told that “they” had no idea where it went!). As soon as I could I looked up the FRP policies on the prisoner “law library” computer. I learned that if I missed a payment (by having less than the amount due in my inmate account at the time the withdraw is attempted by the system) that I’d be automatically made “FRP refuse”. And since I didn’t think it was fair for my friends to end up paying my “court fines” (per se) I decided to deliberately let my balance drop below 25$ (by asking my friends to not send money) and then live off $25 per month (which really isn’t a big step down in my standard of living these days --- if you don’t count my newly acquired MP3-player and music).

   The plan was to live off $25 for six months, and thus bring the deposits to my account to well under the $75 per month FRP exempt level (according to the policy, we are allowed $75 a month for “phone calls and postage” that is not to be considered for FRP payments). But, for some reason the monthly $25 withdraw did not happen. Instead, after the usual three months, the system attempted to withdraw $25 that I did not have. But, it did not make me “FRP refuse” until the next month, when I still did not have $25 in my account. But, now, finally I am “FRP refuse” and I’ve been managing contently for the last couple of months thusly.

   Today the Case Manager returned to my cell door with the usual six-month fictitious report. I made it a point to ask if the fact that I have less than the $75 per month sent in over the last six month will cayse my FRP status to be re-evaluated. I was told, no. I must request to make an FRP payment ($25), then at the next “cycle” when this payment is received my status would automatically change to “FRP participating”. When I protested that this procedure was not indicated in the official B.O.P. policies, I was told that was too bad, and that I should expect “consequences” for refusing to fulfill my agreement. I tried to point out that I was doing everything I could to “play” by the rules”; but, if I didn’t know what the rules are (a problem I have a lot, since “official policy” frequently conflicts with “official procedures” around here, and getting someone to explain “official procedures” is worse than pulling teeth) then how can I be expected to follow them?

   The Case Manager kept accusing me of trying to “work the system”, which I found rather insulting; especially since I felt I was doing everything I could to obligate the “system” and keep getting “worked” myself as a result. I tried to explain this to him a couple of times but quickly realized that he could hear no reason, only “inmate manipulation”. So, I quickly gave up, asked him to confirm the “new rules” he had just given me (alas, a tooth finally pulled after much effort to get the same one out in the past!) and then apologized for my own “misunderstanding” (in hopes of mending his fixed impression that I was only out to get something for myself).

   I wish I could let him (the Case Manager) see how he appears to me, but I can’t. The best I can do, the best anyone can do, is try to honestly see how I appear to him, and then do my best to adjust that image; towards something a bit closer to reality.