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In July, 1975, Mr. Hill was ticketed again by the Associate Superintendent for Treatment Services. Again he was charged with a violation of Class II, Rule 19. The offense consisted of using the title "Legal Advisor" on a paper which an inmate for whom Hill was providing legal services took to the Associate Superintendent for notarizing. Hill was convicted by the Rules Infraction Board a second time and was sentenced to and served five days in the correctional cell. The panel informed Mr. Hill that he would be transferred to maximum security (S.O.C.F.) in the event of another violation. Like all convictions of Class II offenses, records of these offenses are included in Mr. Hill's master pocket which is available to the Parole Board at the time of any hearing regarding Mr. Hill. In the course of observing hearings held in Marion by the Parole Board, both the Special Master and his Assistant noted the use by the panel of records of institutional violations.


Receipt of printed material "from any source" is not permitted at Marion Correctional Institution. Magazines, books and newspapers mailed into the institution by friends and relatives of inmates without prior permission of the Associate Superintendent for Treatment Services will not be delivered by the mail room staff; likewise, such materials may not be received by inmates from visitors without prior permission. The justification advanced for this policy, which accords with that announced in Administrative Regulation 814(b), is the difficulty of detecting contraband in the folds, spines, and covers of such publications. A cursory reading of the approved package items listed in Administrative Regulation 827, however, indicates that many items (eg. cigarettes, pipe tobacco, tube shampoo, baseball gloves, radios, televisions and stationery) may enter the institution without prior permission although they may require a careful and painstaking search for contraband. See Appendix F, p. 279 infra. No reliable evidence was discovered concerning the frequency or success of requests for prior approval. The provisions of Administrative Regulation 814(b) notwithstanding, it is interesting to note that a memorandum of October 25, 1972, from the then Director of the Department of Rehabilitation and Correction instructed all managing officers to admit all printed material "from any source" citing Taylor v. Perini.


All convictions (Class II and Class III) are filed in the master pocket of the affected inmate. A summary of Class II offenses is made on a cover sheet maintained in the inmate's file, and these offenses are considered by Parole Authority officials at the time of any hearing. Although Class III convictions are in the file, they apparently are not relied upon by these officials. Thus any non-compliance with respect to promulgation of written regulations and sanctions constitutes as well a violation of that portion of the Court's order relating to "adverse disciplinary record references."


Leaving aside those employment units (including porters and office workers in all units) specifically covered by Paragraph 9 of the order, it appears that several new trouble spots have developed. The garment shop is 100% white. Percentages of whites in the maintenance shop (87%), the paint shop (69%), and the automotive mechanics school (63%) far exceed the percentage of whites in the stockade. On the other hand, the percentages of blacks in the quarter-master department (80%), the masonry school (76%), and the residential wiring school (71%) are disproportionately high. Even in an employment unit which is reasonably balanced overall, disparities exist with respect to particular jobs. For example all (5) wash tank workers and all (9) *246 spray painters in the sheet metal shop are black; all (9) shears operators are white.


All master files of these individuals were examined with the exception of 11 which were sent to other institutions at the time of the transfer of those inmates from M.C.I. to Chillocothe Correctional Center, the Ohio Penitentiary, and S.O.C.F. 041b061a72


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