Monday, May 14, 2012

MAY 2012




















LATE-BREAKING NEWS AND ANNOUNCEMENTS
[PLEASE SCROLL DOWN TO GO DIRECTLY TO THE MAY 15 PUBLICATION OF BUILDING BRIDGES]




POSTED June 5 by Drug Policy Alliance



Today, our coalition is launching a major video and action campaign to finally end the racially biased, unlawful, costly marijuana arrests in New York. Can you take two minutes to help end these unlawful arrests?

Yesterday, Governor Cuomo stepped out in support of ending racially biased, unlawful marijuana possession arrests in New York. The State Assembly, Mayor Bloomberg, NYPD Commissioner Ray Kelly, district attorneys from around the state, and others also came out in support of reform. But the Senate has to act – and time is running out.

To urge the Senate – and Senate Majority Leader Dean Skelos – to take action, we’re launching a series of videos featuring powerful video testimonials from people who have been illegally searched and falsely charged for marijuana possession in New York City. And we’re asking folks to sign a petition that we’ll hand-deliver in Albany on Tuesday June 12.

You can help:

 Watch the video and sign the petition, here: http://bit.ly/LmzqGl







POSTED June 4 by NYS Prisoner Justice Network


Are you the next prisoner? Be careful how you answer that question, warns conservative Laissez Faire Today in the provocative must-read article that asks the same question. Referring to the American prison system as a "massive human rights violation," the article walks the reader through the nightmare of entering the criminal justice system, and gives examples of just how easy it is to 'trip over the wire" and land in prison.

http://lfb.org/today/are-you-the-next-prisoner/







POSTED May 29 by National Religious Campaign Against Torture (NRCAT)


Thursday May 31, 7-9pm
Presentation & Panel Discussion plus screening of NRCAT Documentary

"SOLITARY CONFINEMENT: TORTURE IN YOUR BACKYARD”
It’s time for New York to put an end to prolonged solitary confinement.
St. Francis College, Founders Hall, 182 Remsen St., Bklyn NY 11202


POSTED MAY 25  by Jaya at The Women in Prison Project


Wednesday, May 30th, 11am - 1:30pm


The NY State Senate Democratic Caucus is sponsoring a public forum on several pieces of proposed domestic violence legislation. The Domestic Violence Survivors Justice Act (A.7874-A/S.5436) is one of the bills being highlighted. If you are in the Albany area, we encourage you to attend this important event:
Where:        Hearing Room C, Legislative Office Building, Albany, New York 12247
When:          Wednesday, May 30, 2012
Time:           11:00 AM to 1:30 PM
If you would like to testify at this forum, or are unable to attend but would like to submit written testimony, please fill out this form and send it back to:
Gerard Savage, Counsel and Chief of Staff for Senator Ruth Hassell-Thompson
Room 707 Legislative Office Building
Albany, New York 12247 TEL.: (518) 455-2061
POSTED MAY 25  by the Bronx Defenders
Thursday, June 7, 6 - 8pm
 NYC Jails Action Coalition Meeting
Do you have experience with the NYC Jails?
Are you concerned by the conditions there?
Do you have ideas about how to organize to stop the abuse and trauma?
Let’s get together to talk about it, organize around it, and change it!

The Bronx Defenders,  860 Courtlandt Avenue (b/n 160th & 161st streets),  Bronx, NY 

Dear Reader, 
We hope to see you, or your family if you’re incarcerated, at two Legislative Advocacy Days taking place in May;  both will be advocating for the passage of the Safe And Fair Evaluations (S.A.F..E) Parole Act.  
Remember we knew this would not be an easy struggle, but it’s a righteous struggle.  We don't have to fight dirty, we just have to fight long and hard, be really good organizers and build a strong movement.  With everyone sacrificing some comfort, or a visit to our loved one in prison, we have a chance.  But if we all sit back and wait for someone else to do the work, it’s not going to happen!  And we’re a fun group to be with!  Where else can you be in a crowd and know that everyone else has a loved one in prison and wants the same changes as you?  If you’ve never joined in a Legislative Advocacy Day, we urge you to make the effort this year.
  • TUESDAY, MAY 15TH CSS ADVOCACY DAY.  Building Bridges will be there, but you won’t read this until afterward, so it’s too late now.  Hopefully you were there.  But if not, you have another opportunity:
  • TUESDAY, MAY 22ND NYS PRISONER JUSTICE NETWORK’S PRISON AND PAROLE JUSTICE DAY will feature a MEETING with legislators who have expressed support for the SAFE Parole Act and other worthwhile bills, followed by a MARCH AND RALLY to demand parole policy changes. Participants will be able to network with other activists, advocates, and people affected by the criminal justice system;  hear about all the dynamic work for prisoner justice going on in New York State; urge legislators to support basic changes in the criminal justice system and rally and march to demand fairer parole decisions. There will be free transportation from New York City and other gathering points around the state. To sign up, contact the NYS Prisoner Justice Network by mail, phone, or email: NYSPJN, 33 Central Avenue, Albany NY 12210. 518-434-4037; nysprisonerjustice@gmail.com   [Please download the flyer at http://www.nysprisonerjustice.org/ and distribute it widely.
                       Please be well, keep the faith, share the news, and for everyone’s sake, get involved!  -The Editor


Articles/Summaries
  1. Carl Berk Remembered. A friend remembers that “He normally submitted a poem to one of the Jewish Newsletters or Lifers’ notes. We didn’t receive one for February.“ We share a prose poem, inspired by Hemingway, that Carl sent us shortly before his death.
  2. Building a Better Criminal Justice System.  Five experts, Vanita Gupta,American Civil Liberties Union, Glenn E. Martin,  The Fortune Society, Leonard E. Noisette, Open Society Foundations, Lance Ogiste, District Attorney’s Office of Kings County and Susan B. Tucker, NYC Department of Probation share their strategic vision for the next 25 years of criminal justice reform at a gathering on June 4 at Castle Gardens.
  3. Clemency: “Among its benign if too-often ignored objects, the clemency power can correct injustices that the ordinary criminal justice process seems unable or unwilling to consider.” 
  4. The Merit Time Bill falls victim to questionable tactics, while ill-advised bills continue to be scheduled for voting at the Senate’s Crime Victims, Crime and Correction Committee on May 15.  We also report on the fate of bills presented to the Committee on April 18.
  5. Parole News: March releases (reappearance rates are up),  excerpts from two articles by John Caher, and a report from the NYS Parole Reform Campaign.
  6. Prisoners Are People Too!  Broken on All Sides! This important film draws little attention on Facebook.  Come to meeting. 
  7. The NYS Prisoner Justice Network reviews the bad news and the good news and invites us to join them in a day of taking actions to increase the amount of good news.
  8. In Our Name: Restoring Justice in America, a retreat in beautiful upstate NY, is open to families and friends of incarcerated people and formerly incarcerated persons.  This August weekend gathering of academics, activists, and advocates will work together to formulate proposals for reform of the criminal justice and penal systems. We need to share our input.
  9. The Yale Law Journal welcomes submissions for their first prison law writing contest.
  10. A call for stories from adult children of incarcerated, or formerly incarcerated, parents.
  11. Justus Support Group forms in Troy NY.      
[Please send your requests to prisonactionnetwork@gmail.com for any article or bill not printed in its entirety.]



1.  CARL BERK REMEMBERED
In response to our query about Carl Berk, we received this note from a friend of his:

He was my friend, and it was a sad day when I learned of his passing.  I didn’t find out until the second week of February.  He normally submitted a poem to one of the Jewish Newsletters or Lifers’ notes. We didn’t receive one for February.  
Carl regretted not having kept his avenues of contact open, not having plans for disposing of all his stuff when he did pass on.  He was a tremendous writer, many times he wrote his thoughts out, and just kept the letters.  He was like that, not wanting to burden others with his thoughts and memories.
His poetry was phenomenal, truly thought provoking, and in many cases, inspirational.
Why Carl chose Clinton to be his home is a weird story, but it came down to the fact that they let him alone!  They didn’t care what he wrote, who he wrote to, or who wrote back to him.  More recently he had a problem being Jewish there, not because of the administration, but because of differences with the Rabbi!
He will be missed.
Shortly before he died Building Bridges received this prose poem from Carl Berk- the only one he ever sent us :
1/11/11,  Clinton C.F.
OTHER BLOSSOMS, OTHER LEAVES
I was reading Hemingway’s “A Moveable Feast,” and for him the title referred to Paris in the 20’s.  For me it stood for him, Joyce, Gertrude; all of them gone but still with us because they too move through time, across continents and into hearts where they lodge, just as Hemingway did at 74 Rue Cardinal Lemoine.  A poor location but a rich heritage.
He was young after all and could stand both sides of the formidable Miss Stein. Then many of the best faded, became jaded, drank too much, became depressed, and despaired at seeing and knowing life too well.  They had all made love in the dark.  Their feast moved and was never the same.  The tragedy was that they could see that.
The breezes that blew through the narrow streets of Paris, that brought so suddenly, color and scent in Spring, and the killing winds of Winter, became seasons that had come and gone, like vintage wine consumed.  
Carl Berk     Feb 23, 1939 - Jan 6, 2012
2.  BUILDING A BETTER CRIMINAL JUSTICE SYSTEM
The Fortune Society and The Sentencing Project are collaborating on a panel discussion about The Sentencing Project’s recent publication, “To Build a Better Criminal Justice System: 25 Experts Envision the Next 25 Years of Reform.” In the new publication, 25 leading scholars and practitioners have contributed essays on their strategic vision for the next 25 years of criminal justice reform. Issues addressed in the collection include racial justice strategies, linking public health and criminal justice reform, challenging the war on drugs, and the viability of fiscal pressures as a focus for reform.
The panel includes the following New York City based essay contributors:
-  Vanita Gupta, Deputy Legal Director, American Civil Liberties Union
-  Glenn E. Martin, Vice President of Development and Public Affairs, The Fortune Society
-  Leonard E. Noisette, Director, Criminal Justice Fund, US Programs, Open Society Foundations
-  Lance Ogiste, Counsel to District Attorney of Kings County, New York
-  Susan B. Tucker, Director of Justice Reinvestment Initiatives, NYC Department of Probation
The panel will be moderated by the Sentencing Project’s Executive Director Marc Mauer, and we will open up the conversation to hear audience members’ thoughts on the next 25 years of reform.
JUNE 4th, 6:00-8:00PM at Castle Gardens, The Fortune Society’s mixed-use, green affordable housing development, located at  625 West 140th Street NYC
Space is limited, so please RSVP to Josh Ramos at jramos@fortunesociety.org if you are able to attend.  
3.  CLEMENCY 
A few quotes from an article published in the 4/20/12 NY Law Journal by Ken Strutin, director of legal information services at the NYS Defenders Association.
“Among its benign if too-often ignored objects, the clemency power can correct injustices that the ordinary criminal process seems unable or unwilling to consider.”
“Clemency can focus on the uniqueness of each petitioner in a way that criminal law and procedure cannot.  And such a remedy requires attention to assure its fair administration.”
“Evolution in moral intuition and general knowledge demand revisiting the policies underlying punishment and imprisonment by all quarters of the justice system.”
Justice Kennedy: “Prisoners retain the essence of human dignity inherent in all persons.  Respect for that dignity animates the Eighth Amendment prohibition against cruel and unusual punishment.” 
The author concludes: ”Prison is not society’s safety net, dignity and fairness are. “
4.  LEGISLATION 
The Merit Time Bill S338/A154, sponsored by Senator Velmanette Montgomery and co-sponsored by Senator Dilan no longer is sitting in the Senate Crime Victims, Crime and Corrections Committee.  Due to a troubling turn of events, it has been reported to the Rules Committee, headed by Majority Leader Dean Skelos, where it will sit probably forever, or at least til the end of this session.
As readers may recall, Senator Montgomery used a Motion for Committee Consideration to force a vote on the Merit Time Bill and some others, at the Crime Victims, Crime and Correction Committee on March 7. 
Motion for Committee Consideration has been possible since Senate Rule VII, §3(e) was passed in 2009 to prevent committee chairs from simply bottling up bills they personally oppose.  It states that if no action has been taken within 45 days of its introduction, any senator can force a vote.
Sen. Skelos apparently doesn’t want that to happen, so as Temporary President of the Majority Conference he has ordered the Merit Time Bill S.338, along with over 300 others presented under that rule in all Senate Committees, moved to the Rules Committee, of which he is the Chair. The Times Union reports that many Democrats say this is “censoring” the legislative process but Republicans argue is a response to “abuse” of the chamber’s rules by Democrats.
“They were taken from a place where they could have seen the light of day and put into a very dark vault where the Senate majority hopes they’re never seen or heard from again,” said Sen. Daniel Squadron, D- Brooklyn.
Sen. Liz Krueger, D-Manhattan, said the move has “stifled” the committee process and will provide cover to Republicans, who will be able to say that they never voted against the bills. 
Sen. Andrea Stewart-Cousins, D-Yonkers, said the impact of “censoring” legislation proposed by Democrats goes beyond the lawmakers. “We are here not representing ourselves. We’re not here representing our biggest heart’s desires. We’re here actually representing people. We are representing people who have sent us here to put forward measures, legislation, ideas that they want discussed in the public square of ideas,” she said.
A letter from Diane X. Burman, Counsel to the Majority Conference sent to all NYS Senate Committee Chairs, said in part: “Under Senate rules the Temporary President [Skelos] may at any time refer bills to the Rules Committee.  At the request of the Temporary President any pending motions for committee consideration have been discharged from the respective committee and committed to the Rules Committee. If you had any pending motions for committee consideration before your Committee they are no longer under your Committee’s jurisdiction and no further actions should be taken on them by your Committee.  You must hold them.   [emphasis added]
[To sign a petition in support of Merit Time, please visit www.change.org/petitions/all-of-new-york-pass-the-merit-time-law-in-new-york  or Twitter.com/MeritNY]

BILLS CONSIDERED ON APRIL 18, 2012 by the Senate Standing Committee on Crime Victims, Crime and Correction 
Senator Michael F. Nozzolio, Chair.   [An audio-visual recording is available on line at the Committee’s website: www.nysenate.gov/event/2012/apr/18/crime-victims-crime-and-correction-meeting.]  
Reminder: bills must pass in both houses in order to become laws.
Ten bills were considered. Seven of them related specifically to convicted sex offenders.  All but one of the seven appeared to make life on the outside impossible for anyone with that status, and thus insure they would spend their lives in prison.  We’ll spare you the details and pray that the Assembly has the wisdom not to pass them.
“Report” or “Refer” means the bill is moving forward toward a Senate vote.  “Held” means either the sponsor or the committee has requested it not be considered until after some more work on it.  “Same as” means the bill has a sponsor in the Assembly as well.  Where there is a “same as” bill, the primary Assembly sponsor is listed plus the number of co-sponsors.  We don’t have room to list them all by name.
Following are three bills that have significance.  One of them was voted on, so we included it to show you the process.  “Ayes W/R” means, “Yes, with reservations,” which gives the senator an opportunity to voice his or her concerns when/if it is presented to the entire Senate for a vote.
S3537B Sponsor: Nozzolio  [No Same As]  Referred to Finance
Prohibits parole for any inmates convicted of homicide unless five or at least thirty percent of the members of the parole board are present at the hearing
S5221 Sponsor: Fuschillo   [Same as A7669 - Weisenberg]  Referred to Finance 
Requires the parole office to maintain the responsibility and costs of monitoring any person released on parole with the mandatory requirement of installation of an ignition interlock device
 [We looked it up, that’s a mechanism like a breathalyzer. Before the vehicle's motor can be started, the driver must exhale into the device; if the resultant breath-alcohol concentration result is greater than the acceptable level the device prevents the engine from being started. At random times after the engine has been started, the IID will require another breath sample. The purpose of this is to prevent a friend from breathing into the device, enabling the intoxicated person to get behind the wheel and drive away. If the breath sample isn't provided, or the sample exceeds the acceptable level, the device will log the event, warn the driver and then start up an alarm (e.g., lights flashing, horn honking, etc.) until the ignition is turned off, or a clean breath sample has been provided.]
S. 6785  Sponsor:  Griffo,  Co-sponsor(s): Kennedy  [Same as A.8917 - Brindisi +1]   Referred to Finance
This bill will ensure that all records of parole interviews for sex offenders are transmitted to the Office of Mental Health (OMH) for review by the civil commitment case review panel.
Vote: Committee Vote: - Crime Victims, Crime and Correction - Apr 18, 2012
Vote:  Committee Vote: - Finance - May 8, 2012
Ayes W/R (3): Duane, Montgomery, Perkins
Nays (1): Parker
[A list of members of the Senate Crime Victims, Crime and Correction Committee appeared in the April edition of Building Bridges, should you wish to contact them.]





5.  PAROLE NEWS:  MARCH RELEASES;  TWO ARTICLES BY JOHN CAHER,  UPDATE ON SAFE PAROLE ACT  
MARCH 2012 PAROLE BOARD RELEASES – A1 VIOLENT FELONS – DIN #s through 1999 
unofficial research from parole database

Total Interviews
# Released
# Denied
Rate of Release
15 Initials
1
14
7%
63 reappearances
21
42
33%
78 Total
22
56
28%

Facility
Sentence
Offense
# of Board
Woodbourne
25-Life
Murder 2
initial   *


Facility
Sentence
Offense
# of Board
Bare Hill
15-Life
Murder 2
12th
Cape Vincent
25-Life
Murder 2
4th
Clinton
20-Life
Murder 2
3rd
Fishkill
20-Life
Murder2
2nd
Fishkill
18-Life
Murder 2
7th
Franklin
25-Life
Murder 2
2nd
Franklin
23-Life
Murder 2
2nd   *
Gowanda
15-Life
Murder-pre74
1st PV
Hudson
7-Life
YO Murder 2
5th
Hudson
20-Life
Murder2
6th
Livingston
15-Life
Murder 2
2nd  **
Otisville
21-life
Murder 2
2nd
Otisville
15-Life
Murder 2
4th
Otisville
15-Life
Murder 2
2nd
Otisville
20-Life
Murder 2
3rd    *
Otisville
15-Life
Murder 2
2nd
Sullivan
25-Life
Murder 2
6th
Taconic
15-Life
Murder 2
2nd
Washington
25-Life
Murder2
2nd
Wyoming
25-Life
Kidnap 1
4th
Wyoming
20-Life
Murder 2
5th
*for deportation only **had LCTA release, was rescinded, released at what would have been initial
HAMILTON LOSES PAROLE BID DESPITE HIS "INCREDIBLE PRISON RECORD"
by John Caher, 04-24-2012 New York Law Journal
Excerpts [because we know many of our readers are familiar with the article, and since we have limited space, only some of the article is quoted here.]:
An inmate with what the parole board called an "incredible prison record" is not entitled to reconsideration for release under a new directive requiring the panel to consider an offender's rehabilitation, a judge in Albany has held.
Acting Supreme Court Justice Richard Platkin declined to follow the lead of a judge in Orange County and held that a recent revision to the Executive Law is not retroactively applicable, and even if it were the parole board retains the discretion to "accord greater weight and emphasis to the gravity of the instant offenses and the compatibility of petitioner's release with the welfare of society" than to the inmate's reform. [Editor’s Note: That’s why we must pass the Safe and Fair Evaluations (SAFE) Parole Act!]
The parole board made note of Hamilton's "incredible prison record of good conduct, program achievements and other accomplishments," as well as letters of support from prison staff, family, support groups and community members. But it denied parole to Hamilton, who had no prior criminal record, solely because of the seriousness of the offense.
Shortly before his last parole interview, Hamilton was accused by the Patrolmen's Benevolent Association of attempting to manipulate the process. In response, Andrea Evans, chair of the parole board, said in a letter to the editor published in The Chief, a union newsletter, that Hamilton's initial interview was not postponed at his request. Rather, Evans said, Hamilton was hospitalized and the parole board rescheduled the interview because he was unable to attend.
Hamilton was represented by Moira Kim Penza of Paul, Weiss, Rifkind, Wharton & Garrison.  Assistant Attorney General Kevin Hickey defended the parole board.
EFFECT OF RISK ASSESSMENT RULE ON PAROLE DECISIONS IS UNCLEAR 
by John Caher, 04-30-2012 New York Law Journal
Excerpts  [because we know many of our readers are familiar with the article, and since we have limited space, only some of the article is quoted here.]:

ALBANY - A new law requiring the state parole board to consider inmates' rehabilitation and use a "risk assessment" procedure to gauge whether parole-eligible inmates have reformed appears to be having little effect as release rates are largely unchanged and the board is routinely basing its denials on boilerplate statutory language emphasizing the offense, records suggest.
"My experience has been it doesn't matter because most of the guys are scoring the lowest risk assessment level and they are still hitting them and saying they are a threat to society," said Cheryl Kates, an attorney near Rochester whose practice consists of advocating for inmates seeking parole. "It doesn't make any sense. They've added an evidence-based procedure but still cite the statute the same way they did previously. It is just a façade. It is status quo."
Similarly, Edward Hammock, a former parole board chairman who now practices criminal law, much of it post-conviction, said he has not seen any change.  "It is my impression that nothing is really happening," Hammock said. "Why do a risk assessment if you are not going to deal with it when considering someone for release?"
Part of the problem is that there is uncertainty about why the statute was changed and what the revision was supposed to achieve. It is not clear if the revision represents a sea change in the operations of the parole board, a tweak of one of the existing factors it takes into consideration, or something in between.
In any case, parole addressed the new provision by adopting the widely used, evidence-based COMPAS . It replaced outdated "guidelines" that had been used since the late 1970s to help the board determine if an inmate is ready for release.
According to DOCCS the Board was trained in the use of the risk assessment instrument last summer and will undergo "intensive training" on June 22.
But [Peter Cutler, the DOCCS public information director] said the risk instrument is only "one of many informative documents" that the board considers, and was never intended to be the "controlling factor."
Assemblyman Jeffrion Aubry, D-Queens, who was largely responsible for getting the provision into a budget bill, disagrees.  "We have had lots of conversations with the [parole] department, to make sure they understand the intent of the legislation, and ultimately we are looking for hearings to really get to the heart of what is going on and not fulfilling our mandates," Aubry said.
Aubry said part of the rationale for the revision was to provide the board with political cover if it releases someone with a violent past, or someone whose crime resulted in the death of a police officer.
"We know that parole board decisions are both administrative and political," Aubry said. "We passed legislation that ought to anesthetize them from that and give them the freedom to look at the inmate and determine whether or not they are a danger, as opposed to simply looking at the instant crime. That is the job they have, and they will have to bend to that."
Aubry said he is monitoring trends and expects to see change, noting that there are a number of vacancies and soon-to-open positions on the parole board.
"The governor has appointments available, and maybe he needs to use them," Aubry said.
Senator Ruth Hassell-Thompson, D-Mount Vernon, said the revised provision was designed to provide the parole board with a reasonably objective measure of an offender's progress, a means of redirecting focus away from the underlying crime. "But societal biases get in the way and good people make bad decisions, sometimes because they are afraid of the political environment and implications if one parolee commits a violent act while on parole."
The meaning of the revision and its effect on the parole board will eventually be determined by the courts. But with a law that has been in effect for only six months, there is little guidance to date and lower court rulings are in conflict.
[Most] recently, Acting Supreme Court Justice Richard Platkin in Albany held in Matter of Hamilton, 6463-11, that the provision is not retroactive and that the parole board retains the discretion "to accord greater weight and emphasis to the gravity of the instant offenses and the compatibility of petitioner's release with the welfare of society" (NYLJ, April 24). Platkin's holding follows the reasoning and current approach of the board. His decision is under appeal to the Appellate Division, Third Department. 
John Caher can be contacted at jcaher@alm.com.
NYS PAROLE REFORM CAMPAIGN 
The Campaign has been working with the organizations who have put the SAFE Parole Act on the agenda for their legislative advocacy days.  We’re very grateful for the support we’ve received from these and other organizations!  We’ve come a long way since last year at this time when our bill was just a proposal and removing nature of the crime from what the parole board could consider was believed to be too radical and so controversial that no one would touch it.  We now have legislative sponsors, and many people are seeing that without this bill violent offenders with “incredible prison records” and the lowest risk scores on COMPAS, will continue to be denied parole.  
Please visit www.parolereform.org and tell your story and write more letters!   We can’t sit back.  We have to keep the pressure on.  It’s your voices that got us this far!  No one on the outside was talking about removing the nature of the crime before participants at Family Empowerment Day 4 demanded it.

6.   BROKEN ON ALL SIDES, by Karima Amin
 Recently, I reviewed a new film entitled “Broken On All Sides: Race, Mass Incarceration and New Visions for Criminal Justice in the US,” which does a good job of describing the US prison system as being broken and perhaps beyond repair. I posted the film’s 5-minute trailer on Facebook about two weeks ago. Only two people have taken a look at it and responded. I have more than 2,500 Facebook “friends” and I really expected more of them to click “like” and “share.” It’s an important film and it will be screened at the next monthly meeting of Prisoners Are People Too, Inc..

I know that prison issues are of great importance to many people and some are working very hard to reform or dismantle what currently exists but there seems to be far too many others who are simply not interested or who would rather live with misinformation, stereotypes, and the kind of ignorance that gives them comfort. This apathy is frightening to me since I know that everyone is affected by this system whether they know it or not. Certainly, for some, the impact is obvious; prisoners, their close friends and families, and formerly incarcerated people see and feel this impact everyday. Children are affected too. Some even believe that incarceration is a normal part of adult male life. Incarcerated parents feel the impact as far too many of them rarely, if ever, see their children.  Women struggling to raise children alone, feel the harsh impact of a system that is not family-friendly. Formerly incarcerated people, struggling to re-enter society, are affected daily as they strive to build new lives despite the detrimental collateral consequences of a criminal conviction. People who express no interest in prison issues, live and work day-to-day, not realizing that their tax dollars support a failed system that basically does very little to rehabilitate men and women who will one day come home.


In a few days, activists, advocates, and organizations from across the state will meet in Albany to share their working strategies and to talk to lawmakers about reforms requiring legislative support and the Governor’s approval. The work is hard. The laws are unfair. Progress is slow. Even the most stalwart are showing signs of fatigue and a desire to abandon the battlefield. But the fight for the rights of prisoners is a necessary fight and one that more must join.  Last May, 15 delegates from Western New York went to Albany. This year, only 9 have registered to go. This is a disappointment but I am not discouraged. 


[If you live near Buffalo and are interested in participating in the upcoming “Day of Action” (May 22), get in touch with Karima Amin: 716-834-8438 or karima@prisonersarepeopletoo.org.]



7.  UPDATE FROM THE NEW YORK STATE PRISONER JUSTICE NETWORK
Dear Building Bridges Readers,
As always, there’s bad news and good news. You already know the bad news – ongoing and worsening injustice: continued parole denials based on the nature of the crime, humiliating searches and photos for visitors, punishment for tickets by taking away visits (there’s nothing like denying children the right to see their parents to improve everyone’s behavior!), solitary confinement (regardless of what the state chooses to call it) for the most petty offenses, using the term “offenders” instead of “inmates” to make it easier to dehumanize us and our loved ones... and the list goes on. As one of our prison correspondents puts it, “Once again DOCCS undermines programs proven to reduce recidivism and damage, to promote ones known to foster negative behavior. I guess they want to guarantee they’ll be in business at full capacity for generations to come.” 
And yet there is LOTS of good news: nationally and in New York there is a vigorous and growing movement made up of hundreds of groups confronting these injustices. Several of these initiatives will be featured at NYS Prisoner Justice Network’s Prison and Parole Justice Day in Albany on May 22nd – visit our website: www.nysprisonerjustice.org, download our flyer and register if you can, or encourage family and friends to register if you are inside!
Solitary Confinement: New York says it doesn’t have any. Advocates say SHU, keeplock, and ad seg are all forms of isolation, and New York has one of the highest rates in the U.S.  A coalition of advocates succeeded in getting the SHU exclusion law passed to mandate alternatives to isolation for prisoners with diagnoses of severe mental illness – a very limited but significant victory. Advocates are now trying to put some teeth into the implementation. A new statewide coalition initiated by the New York Civil Liberties Union is identifying long-term solitary confinement as fundamentally cruel, inhuman, and degrading and developing strategies to oppose it.
The NYS Parole Reform Campaign continues to build support among legislators for the Safe and Fair Evaluations (S.A.F.E.) Parole Act, and to educate the public on the injustice of repeated denials based on the original crime. During May 22nd Justice Day, there will be a march and rally at the Parole Board, called LET MY PEOPLE GO, to put a spotlight on parole injustice and demand fair parole policies. 
Some of the other dynamic campaigns participating in Justice Day on May 22nd are: Campaign to End the New Jim Crow (against racially targeted mass incarceration), Milk Not Jails (agriculture instead of prisons for economic development), the Occupy Movement’s anti-prison demonstrations, Liberation Summer (young people organizing against incarceration and prison abuse), Stop Stop and Frisk, Erie County Prisoners’ Rights Coalition (exposing and opposing abuses in local jails), Close Attica (event planned for next September) – and more!
The May 22nd Justice Day will also feature a meeting with reform-minded legislators from the Black and Puerto Rican Legislative Caucus, whose constituents are disproportionately affected by the prison system. At this meeting, representatives of justice-seeking organizations will propose the formation of a Legislative Work Group on Criminal Justice Reform, for progressive legislators who are willing to work closely with and be accountable to advocates, family members, and formerly and currently incarcerated people to challenge mass incarceration and prison abuse, and to develop alternatives that genuinely serve the interests of community safety.
To learn more about Prison and Parole Justice Day on May 22, visit www.nysprisonerjustice.org

8.  IN OUR NAME: RESTORING JUSTICE IN AMERICA
A Weekend Retreat in Beautiful Upstate NY  Friday-Sunday, August 24-26, 2012
Hosted by Christ the King Spiritual Life Center of the Episcopal Diocese of Albany, 575 Burton Road Greenwich, New York 12834 (518) 692-9550 with participation by Skidmore College and Siena College. Gathering together concerned professionals, advocates and members of the academic and general community, to discuss the state of our criminal justice system; and a call to action for reform.
There are scholarships for families and friends of incarcerated people and the formerly incarcerated who do not have the resources to pay for the weekend.  Please apply through Prison Action Network.  PO Box 6355   Albany, NY  12206,  518.253.7533,    prisonactionnetwork@gmail.com, where you can also request a program brochure. 

For registration and on site lodging information, contact Gordon Boyd, Gordon@energynext.com.  Send your reservation form to: In Our Name, P.O. Box 173, Greenwich, New York 12834, by August 10, 2012.
Participants:

David Karp - Dean, Skidmore College, who will speak on Restorative Justice
Edward Hammock - former NYS Parole Chairman, who will speak on Parole reform
Jeffrey Deskovic - the Jeffrey Deskovic Foundation and Peter Fiorillo, former investigator for the Manhattan District Attorneys Office, who will speak on Wrongful Convictions
Richard Langone Esq., Levittown, NY, who will speak on his experiences as a state prisoner, his release and ensuing career as a prominent NYS appellate lawyer
Gordon Boyd, a Saratoga, NY businessman, who will speak on prisoner mentoring and re-entry
Linda Richardson, Dean, Sienna College, who will speak on Education in Prison
David Kaczinsky, who will speak on the death penalty
Michael Corriero, former judge, the Michael Corriero Juvenile Justice Foundation, will speak on children and justice
Steven Downs Esq., of the New York Civil Liberties Union
Mardi Crawford, Esq., of the New York Defenders Association, will speak on the state or our indigent defense system
Cara Benson, poet and prisoner advocate will be joined by former inmates in reciting poetry from prison
Rv’d J. Lewis, President of the Association of Protestant Chaplains
Rev. Cannon Peter Sabuni, Africa Office of the Episcopal Church
The setting will be in the Great Hall at the Spiritual Life Center, with meals and lodging provided to participants on the SLC campus. Our objective is to gather academics, practitioners, officials and community activists from the criminal justice and civil rights advocacy movements. We aim to spend the weekend thinking, speaking and hopefully formulating proposals and vehicles for reform of the criminal justice and penal systems, with the hope of promoting public awareness by opening the conference to the general public.
9.  THE YALE LAW JOURNAL WELCOMES SUBMISSIONS FOR OUR FIRST PRISON LAW WRITING CONTEST
If you are or recently have been in jail or prison, we invite you to write a short essay about your experiences with the law. The three top submissions will win cash prizes, and we hope to publish the best work. The Journal is one of the world’s most respected and widely read scholarly publications about the law. Our authors and readers include law professors and students, practicing attorneys, and judges. The Contest offers people in prison the chance to share their stories with people who shape the law and to explain how the law affects their lives.
Please do not discuss your innocence or guilt or ask for legal assistance with your case. Submissions are not confidential. Whatever you write will not be protected by attorney-client privilege. If you have an attorney, please speak with your attorney before submitting your work.
Topics
You are limited to specific topics. Please write an essay addressing one of the following 7 questions:
  • What does fair treatment look like in prison?
  • How does your institution deal with inmates who are violent or disruptive? Are people sent to solitary confinement? Is the disciplinary system fair, and does it help to maintain order?
  • Tell us about a notable or surprising experience you’ve had with another person in the legal system—whether a judge, a lawyer, a guard, or anyone else. What did you learn from it?
  • The goals of criminal punishment include retribution (giving people what they deserve), deterrence (discouraging future crimes), and rehabilitation (improving behavior). What purpose, if any, has your time in prison served? Should one of these purposes be emphasized more?
  • Have you ever filed a grievance with jail or prison authorities to complain about conditions? Tell us about it, and explain how the grievance process works. Are grievances effective? How do prison authorities respond to them? How do you feel about federal law’s requirement that prisoners file grievances before suing about prison conditions in court?
  • If you have been released from prison, what challenges did you face in reentering society?
  • How, if at all, do you maintain relationships with your family while in prison? Describe the prison rules that govern how much contact you can have with your family. How has being in prison affected your family relationships? 
Rules
You may submit an essay if you have been an inmate in a prison or jail at any point from January 1, 2010 through September 30, 2012. We welcome essays of about 1000-5000 words, or roughly 4-20 pages. Please type your submission if possible. If you must write by hand, please be sure your writing is readable. Feel free to work together with others, but your essay should be in your own voice. 
Essays must be received by October 1, 2012. Email your submission to YLJprisonlaw@gmail.com if possible. If you do not have email access, please mail your work to: The Yale Law Journal, ATTN: Prison Law, P.O. Box 208215, New Haven, CT 06520-8215. Please include your name and the name of the institution where you are or were imprisoned, and tell us the best way to reach you now.

10.  CALL FOR STORIES FROM ADULT CHILDREN OF INCARCERATED PARENTS

Are you an adult who experienced the incarceration of your parent as a child?  Are you interested in sharing your story, in your own words, with others?

Do you have an adult child who experienced your incarceration?  Would your adult child be interested in sharing his/her story with others?
We are editing a book of life stories by adults who had a parent in jail and/or prison when they were growing up.   The book will describe adult perspectives on parental incarceration.  This will not be a book ABOUT children of incarcerated parents, it will be a book BY adults who experienced the incarceration of a parent as children.
There is no requirement that contributors have ever lived with their incarcerated parent.  There is no requirement that contributors have ever had an active relationship with their parent who has been in jail or prison.  We are particularly interested in stories from individuals who have been involved in the juvenile or criminal justice systems themselves.  
We will provide editorial assistance to help contributors write the story they want to tell.  Contributors can send us their written work electronically or by mail.  
Individuals who are interested in sharing their stories and participating in this important project can email or write to us at: cipstories@gmail.com, or Denise Johnston & Megan Sullivan,  c/o Center for Children of Incarcerated Parents, Box 41-286 Eagle Rock, California 90041

Please contact us by June 30, 2012.  We look forward to hearing from you!
11.   NEW: For those in the Capital District:
JUSTUS SUPPORT GROUP FOR PEOPLE WITH AN INCARCERATED LOVED ONE
2nd & 4th Tuesday of each month,  6:30pm at Oakwood Community Center
            Corner of 10th and Hoosick Streets (side entrance)  Troy, NY     Contact: Pam Booker, MSW  518-487-0935
Building Bridges is Prison Action Network’s way to stay in contact with our members.
Write, call or email if you want to join.

Sunday, April 15, 2012

APRIL 2012













Between issues we publish time sensitive information. Please scroll down to read Building Bridges.

POSTED MONDAY MAY 14  by Prison Action Network:

Today is the last day to vote for Peter Wagner! ( see 2nd article below )
Today is the last day to cast your vote for Peter Wagner to receive the Maria Leavey Tribute Award for his decade-long work to end prison-based gerrymandering. Campaign for America’s Future presents this award annually to honor an “unsung progressive hero.”
Peter was chosen as a finalist for the award in recognition of his leadership in the movement to abolish prison-based gerrymandering. Our friend and advisory board member Bruce Reilly wrote a great blog post that explains why he voted for Peter and why you should, too.
Thanks for your support, and for sending the message that prison-based gerrymandering must end.!


POSTED MAY 1 BY NYS PRISONER JUSTICE NETWORK

PRISON AND PAROLE JUSTICE DAY: LET MY PEOPLE GO!

TUESDAY, MAY 22, 2012

275 STATE STREET, ALBANY -- 10 AM TO 5:30 PM

RALLY FOR FAIR PAROLE POLICIES
MEET WITH SUPPORTIVE LEGISLATORS
SHARE INSPIRATION WITH JUSTICE ACTIVISTS
DEMAND AN END TO MASS INCARCERATION, PRISON ABUSE, AND SOLITARY CONFINEMENT

WAY MORE THAN A LOBBY DAY -- May 22nd is a statewide networking conference, issues briefing, mass protest, and new kind of legislative day rolled into one!

Free transportation from New York City, Buffalo, and other points
For information, transportation, and online registration visit nysprisonerjustice.org
email nysprisonerjustice@gmail.com, or call 518-434-4037






POSTED APRIL 30 BY PRISON ACTION NETWORK

A VOTE FOR PETER WAGNER IS A VOTE FOR ALL OF US!


Peter Wagner, Director of the Prison Policy Initiative, is responsible for national awareness of the inequities of prison-based gerrymandering. Because of his research, prisoners in NYS are no longer counted in the district where they’re incarcerated, but instead are counted in the communities from which they were removed.  We owe him!

He is a finalist for the "Maria Leavey Tribute award honoring an unsung progressive hero". The award is from the Campaign for America's Future and will be announced at the June 18-20 "Take Back the American Dream" Conference in D.C.

This award is an excellent opportunity to raise the profile of the victories against prison-based gerrymandering and to put the upcoming challenges of the Census Bureau -- not to mention mass incarceration itself -- on the national progressive agenda.  

Please vote for him.  It'll be a vote for the changes Prison Action Network fights for!  

The voting link is at:
Voting runs until May 15.

Thank you.




POSTED APRIL 27 FROM COMMUNITY SERVICE SOCIETY


There are still seats available on the bus for Advocacy Day in Albany scheduled for Tuesday, May 15th.  Please RSVP to Gabriel Torres Rivera, see below. 

[Prison Action Network urges your participation.  We have a bill that does what you asked for.  Please come and support it with us.]

Gabriel Torres Rivera, JD
Director, Reentry Initiatives
Community Service Society of New York
212-614-5306




POSTED APRIL 26  FROM PETER WAGNER

I'll be speaking about prison-based gerrymandering and then moderating a roundtable discussion with Students Against Mass Incarceration on Saturday April 28, at the A New Vision of Black Freedom: The Manning Marable Memorial Conference at Columbia University in New York City. [See more below, in 4/24 post] My session starts at 10am in the Earl Hall Auditorium.
This conference is particularly important to me because of the role that Manning Marable played in starting the movement against prison-based gerrymandering. As I wrotewhen he passed away:
Manning Marable helped put what we now call prison-based gerrymandering on the map by inviting me to meetings at his Institute for Research in African-American Studies at Columbia University in 2002 and to speak at the main plenary panel at the Africana Studies Against Criminal Injustice Conference in 2003. His early endorsement made our later successes possible.
If you will be in NYC this weekend, I hope to see you at the conference and at my talk!
Peter Wagner, Prison Policy Initiative



POSTED APRIL 24  FROM THE FORTUNE SOCIETY:
Interested in a Career with The Fortune Society? CLICK HERE to view positions and other opportunities that are currently available, including: Development Associate.


POSTED APRIL 24  BY THE CAMPAIGN TO END THE NEW JIM CROW
A NEW VISION OF BLACK FREEDOM: The Manning Marable Memorial Conference


Thursday, April 26 – Sunday, April 29, 2012 (New York, NY)
Schomburg Center, Columbia University, St. John the Divine, The Riverside Church
To register and for full conference schedule: http://www.iraas.org/node/229

Keynote Address
Angela Davis/Mumia Abu-Jamal 
A Luta Continue:  Incarceration and the Inner Life of Resistance
Sat, April 28, 2012 -- 7:30PM 
Cathedral of St. John the Divine
112th & Amsterdam Avenue

also featuring
Exonerated Defendants in the Central Park Jogger Case:
Yusef Salaam, Korey Wise, & Raymond Santana
Occupy Prisons: Immigrant Detention and Incarceration
Sun, April 29, 2012 --  5PM 
Riverside Church
120th Street Riverside Drive

Immortal Technique   *   Jasiri X   *   George "SEN One" Morillo  *  Invincible

Broken Glass Everywhere: Global Hip Hop and Social Change 

Thursday, April 26, 2012 -- 6:30PM

Schomburg Center For Research in Black Culture

135th Street & Malcolm X Boulevard



Robin Kelley 
Vijay Prashad
Is a New World Possible?
Friday, April 27, 2012 -- 3:15PM
Low Library, Columbia University
116th St. Broadway



Free and Open to the Public  * Registration Required  *  212-854-7080  *  http://www.iraas.org/node/229


Sponsored by the Institute for Research in African American Studies (IRAAS), Columbia University




BUILDING BRIDGES, APRIL 2012

Dear Reader,

For as long as we’ve been working to reform NYS Parole Board policies we’ve been asked by our members what they can do. And we’ve been telling you to contact your representatives in the NYS Legislature with your concerns about Parole Board policies, since that is the issue most members voted to address. Hopefully you’ve done so and can now ask them to put their names on the line. Tell them we have a bill, The SAFE Parole Act , S.5374 and A.7939,, and ask them to sign it. In order for it to become the law, we ALL need to work hard to get it passed. So far Senators Duane (primary sponsor), Hassell-Thompson, Montgomery, Perkins and G.Rivera have signed. If they represent your district, please tell them how much you appreciate their support. Same goes for Assembly Members Aubry(primary sponsor), Crespo, Farrell, Gottfried, Hevesi, McEneny and Stevenson.

This year several major advocacy organizations have put this bill on their legislative agendas, including the Bronx Defenders, the Community Service Society (CSS), the Correctional Association (CA), and NYS Prisoner Justice Network (NYSPJN). Two of them are spotlighting it at their upcoming Albany Advocacy/Action days and providing free transportation from NYC and other areas. If you have a loved one in prison who will someday be appearing before the Parole Board, and you want that person to be released when he or she is ready, that is not likely to happen unless this bill gets passed! And in order to get it passed you are going to have to make some sacrifices. Such as taking two of your vacation days to 1) attend a training session, and 2) come up to Albany and take action!!

On WEDNESDAY APRIL 18, 1-3PM, at the monthly NY Reentry Roundtable, you are invited to join Judith Brink from Prison Action Network along with Jaya Vasandani and Scott Palprowitz from the Correctional Association in a discussion of this year’s CSS advocacy agenda, including the Domestic Violence Survivors Justice Act, and the Safe and Fair Evaluations (SAFE) Parole Act.

Location: Community Service Society, 105 E 22nd St, 2nd flr. (between Park Ave. and Lexington Ave.)

Other opportunities for training are: THURSDAY APRIL 19, 5:00-7:00PM and THURSDAY MAY 3, 10:30AM-Noon
both at the CSS address mentioned above.

THURSDAY MAY 10, 5:30-7:00PM (during VAW Comm. Meeting) at Howie the Harp, 12th Floor, 2090 Adam Clayton Powell, Jr. Blvd. (between 124th & 125th Streets)

AFTER TRAINING COME ADVOCACY DAYS:

TUESDAY, MAY 15TH CSS ADVOCACY DAY. Call Jacqueline Velez, Women in Prison Project Assistant, at jvelez@correctionalassociation.org or (212) 254-5700 x336. to reserve a seat on FREE bus. Buses will leave at 6:30am sharp from outside the Community Service Society (105 E 22nd St, btw Park Ave. and Lexington Ave.). Breakfast and Lunch will be served. Riders must have attended one of the above trainings.

TUESDAY, MAY 22 NYS PRISONER JUSTICE NETWORK’S ACTION DAY will feature a MEETING with legislators who have expressed support for the SAFE Parole Act, followed by a MARCH AND RALLY to demand parole policy changes. See Article 7 for details.

We hope to see you on April 18, May 15 and/or May 22!


Please be well, keep the faith, share the news, and for everyone’s sake, get involved! The Editor


ARTICLES:

1. The Senate’s Crime Committee passed all but one of the mostly - but not only - sex-offender related bills at their meeting on March 20. [Remember: first they come for the sex offenders, then they come for the violent offenders, then the non-violent offenders, and next they come for you. (Paraphrasing a well known warning to take a stand now while you still can...) ]

2. People in prison weigh in on Parole Reform: talking about the moral high ground and the optimism that is felt not just despite, but because of, the escalation of prison abuses.

3. Parole releases for February are depressing, but there’s a recent favorable court decision. In response to your requests we reprint Commissioner bios and an update on Thwaites.

4. Parole reform strategies: talking points that stress the importance of removing “the seriousness of the offense” from the Parole Board’s consideration, when discussing effective changes to Parole Board policies. We are now at a point in time when we have concrete evidence of the parole board’s lawlessness, arbitrariness and their refusal to follow the mandates of the legislature.

5. Building Bridges is polling our readers on the delivery of the Transitional Accountability Plan and the COMPAS risk and needs instrument. When are they being administered? Have they made a difference in parole decisions?

6. NYS Prisoner Justice Network announces May 22 Justice Action Day, including a meeting with legislators and a rally to demand fairer parole decisions. It’s important you be there to show how much statewide support there is for Parole Board reform.

7. Merit Time for violent offenders is still on the table. Add your name to a website which already has over 2000 signatures in support of this bill, S338/A154.

8. Photo ID for visitors to be required and maintained in DOCCS data bases.



1. LEGISLATION: ALL BUT ONE OF 18 BILLS WERE PASSED AT THE MAR 20 MEETING OF THE SENATE'S CRIME VICTIMS, CRIME AND CORRECTION COMMITTEE

Bills considered on March 20, 2012 by the Senate Standing Committee on Crime Victims, Crime and Correction, Senator Michael F. Nozzolio, Chair. [An audible recording is available on line at the Committee’s website: Mar.20 Meeting]

Reminder: bills must pass in both houses in order to become laws.

“Report” or “Refer” means the bill is moving forward toward a Senate vote. “Held” means either the sponsor or the committee has requested it not be considered until after some more work on it. “Same as” means the bill has a sponsor in the Assembly as well. Where there is a “same as” bill, the primary Assembly sponsor is listed plus the number of co-sponsors. We don’t have room to list them all by name.

S.260 PROHIBITS SEX OFFENDERS FROM JOBS INVOLVING CHILD CONTACT
Sponsor: Maziarz; Co-sponsors: Alesi, Avella, Boracic, Flanagan, Golden, Grisanti, Johnson, Kennedy, Richie, Saland, Seward [Same as A4151 - Englebright +27 others].
An act to amend the correction law, in relation to prohibiting sex offenders from any position involving substantial contact with children. "Report"

S.360 ESTABLISHES SEX OFFENDER PUBLIC AWARENESS PROGRAM
Sponsor: Roach [No same as]
 An act to amend the correction law, in relation to establishing the sex offender public awareness program. "Referred" to Finance

S.512-A REGISTRATION OF SEX OFFENDERS’ EMPLOYMENT ADDRESSES
Sponsor: Maziarz [Same as A.1201 - Hawley + 25 others]
Requires the employment address of certain sex offenders to be reported to the division of criminal justice services, along with living address changes. "Report"

S.1531 ANNUAL VERIFICATION OF INFORMATION BY SEX OFFENDERS
Sponsor: Skelos [No same as]
Maintenance of info on sex offenders includes annual registration and verification by sex offender. "Referred" to Finance

S.1825 MANDATES SEX OFFENDERS ANNUALLY VERIFY THEIR ADDRESS
Sponsor: Skelos; Cosponsors: Avella, Kenney [Same as A.4870 - Somitas + 9]
Requires sex offenders to annually return an address verification form to the division of criminal justice services. "Report"

S.1828 REQUIRES SEX OFFENDERS TO REGISTER FOR LIFE, OR PETITION FOR MODIFICATION AFTER 30 YEARS
Sponsor: Skelos [No same as] "Report"

S.1829 REQUIRES SEX OFFENDERS TO VERIFY THEIR RESIDENCE AND REGISTRATION ON A BI-ANNUAL BASIS
Sponsor: Skelos [No same as]
The divisions shall mail a verification form to each registered sex offender on a different random date during each six month period of the calendar year. "Refer" to Finance.

S.1856-A RESIDENTIAL RESTRICTIONS FOR CERTAIN SEX OFFENDERS
Sponsor: LaValle; Cosponsors: Grisanti, Maziarz, Young, Zelda [Same as A.2087-B - Thiele]
Restricts the residency of certain sex offenders; provides guidelines for the location of level two and level three sex offenders; allows municipalities to reject the placement of additional level two and level three sex offenders in such municipality if certain factors and requirements are met. "Report"

S.1857 PROHIBITS CERTAIN SEX OFFENDERS FROM SERVICE IN EDUCATIONAL INSTITUTIONS.
Sponsor: LaValle; Cosponsors: Johnson, Kennedy, Larkin, Martins, Maziarz, Ranzenhofer, Young, Zeldin [Same as A.2086-A - Thiele] "Report"

S.1931 PROHIBITS WORK RELEASE PROGRAMS FROM OPERATING IN AREAS ZONED EXCLUSIVELY RESIDENTIAL BY A MUNICIPALITY
Sponsor: Alesi [No same as] "Held" at sponsor’s request

S. 2005 EXPANDS AMOUNT OF INFORMATION ON REGISTERED SEX OFFENDERS AVAILABLE TO PUBLIC
Sponsor: Skelos [Same as A.4871 - Simotas +9]
Also authorizes any person to register with the division of criminal justice services to receive e-mail notification of all sex offenders residing within their zip code. "Refer" to Finance

S.3204-A PROHIBITS CERTAIN SEX OFFENDERS FROM RESIDING ANYWHERE NEAR A SCHOOL
Sponsors: Nozzolio, Maziarz, Kennedy [Same as A.8979 - Titone +38] "Report"

S.3325 REGISTRATION OF SEX OFFENDERS SHALL INCLUDE A STATEMENT THAT HE OR SHE IS IN COMPLIANCE WITH THE LAWS RELATING TO RESIDENCY AND EMPLOYMENT
Sponsors: Lavalle, Avella, Bonacic, Larkin, Martins, Maziarz, Saland [Same as A.5353 - Thiele] "Report"

S.3744 PREVENTS CERTAIN SEX OFFENDERS FROM ENTERING PUBLIC LIBRARIES
Sponsor: Lanza [No same as] "Report"

S.4393 PREVENTS A PERSON FROM PROFITING FROM THE PROCEEDS OF HIS OR HER CRIME.
Sponsors: Flanagan, DeFrancisco, Golden, Larkin, Maziarz, Ranzenhofer [Same as A.9497 - Levine] "Report"

S.4560 PROHIBITS LEVEL THREE SEX OFFENDERS FROM LIVING IN COLLEGE HOUSING.
Sponsors: Robach [No same as] "Report"

S.5498 AFTER 10 DAYS IN A LOCAL CORRECTIONAL FACILITY, PAROLE VIOLATIORS SHALL EITHER BE TRANSFERRED TO A STATE FACILITY OR ALL COSTS MUST BE BORNE BY THE STATE
Sponsors: Richie [Same as A.8484 - Ortiz +1] "Refer" to Finance

S.6561 UP TO $20 PER MONTH FOR PROBATION SUPERVISION CHARGED TO PERSON ON PROBATION
Sponsors: DeFrancisco, Johnson, Larkin, Martins, O’Mara, Ranzenhofer, Seward [Same as A.8669 - Zebrowski] Certain individuals currently serving or who shall be sentenced to a period of probation upon conviction of any crime to pay the local probation department with the responsibility of supervising the probationer an administrative fee of up to twenty dollars per month. "Refer" to Finance


ON APRIL 18, THE SENATE COMMITTEE ON CRIME VICTIMS, CRIME AND CORRECTION WILL MEET TO VOTE ON 10 MORE BILLS. TWO, WHICH AFFECT EVERYONE, ARE LISTED BELOW. THE OTHER 8 INCREASE RESTRICTIONS ON SEX OFFENDERS ONLY. WE WILL PUBLISH THE STATUS OF ALL 10 IN OUR MAY ISSUE.

S. 3537-A REQUIRES AT LEAST A 5-MEMBER BOARD TO RELEASE ANYONE CONVICTED OF HOMICIDE
Sponsor: Nozzolio [No same as]

S.5221 ANY PERSON RELEASED ON PAROLE MUST HAVE AN IGNITION INTERLOCK DEVICE* INSTALLED ON THEIR MOTOR VEHICLE, AT EXPENSE OF PAROLE. [*prevents a car from starting if the driver has an unacceptable blood alchohol concentration.]
Sponsor: Fuschillo [Same as A 7669 - Weisenberg]


A LIST OF MEMBERS OF THE SENATE CRIME VICTIMS, CRIME AND CORRECTION COMMITTEE, IN CASE YOU WANT TO WRITE A MEMO OF SUPPORT OR OPPOSITION TO ANY BILL BEING CONSIDERED.

Michael Nozzolio, 119 Fall St, Seneca Falls, NY 13148, Ph: (315) 568-9816 Fax: (315) 568-2090, email: nozzolio@senate.gov, nozzolio@senate.state.n.us

John DeFrancisco, 333 East Washington St, 800 State Office Building, Syracuse, NY 13202 Phone: (315) 428-7632
Email:jdefranc@nysenate.gov

Adriano Espaillat, 5030 Broadway, New York, NY 10034, Ph: (212) 544-0173, Fax: (212) 544-0256
Satellite Office (Tuesdays only) 563 Columbus Avenue, N.Y., NY 10024, Ph: 347-994-8351 Email: espailla@nysenate.gov


Patrick Gallivan, 4729 Transit Road Suite 7, Depew, NY 14043 Ph: 716-656-8544; Satellite Offices: 143 North Main Street Room 103, Warsaw, NY 14569 Ph: 585-786-5048, Fax: 585-786-2187; Livingston County Government Center 6 Court Street, Rm 304,Geneseo, NY 14454, Ph: 585-243-6929; email: gallivan@nysenate.gov

Joseph Griffo, 207 Genesee Street Room #408, Utica, NY 13501, Ph: (315) 793-9072, Fax: (315) 793-0298
email: griffo@nysenate.gov

Ruth Hassell-Thompson, 959 E. 233rd Street, Bronx, NY 10466, Ph: (718) 547-8854, Fax: (718) 515-2718; District Office 2
250 South 6th Avenue Doles Center, Mount Vernon, NY 10550, Ph: (914) 665-2400; Email address: hassellt@senate.state.ny.us

Timothy Kennedy, 2239 South Park Ave., Buffalo, NY 14220; Ph: 716-826-2683, Fax: 716-826-2793 kennedy@nysenate.gov

Betty Little, 5 Warren Street Suite 3, Glens Falls, NY 12801, Phone: (518) 743-0968, email:little@nysenate.gov
District Office 2: 137 Margaret St Suite 100, Plattsburgh, NY 12901, Ph: (518) 561-2430

George Maziarz, 175 Walnut St., Suite 6, Lockport, NY 14094, Phone: (716) 434-0680, Fax: (716) 434-3297; Satellite Office: 350 New Campus Dr., SUNY College at Brockport, Brockport, NY 14420 Phone: (585) 637-5800; Email : maziarz@nysenate.gov

Velmanette Montgomery, 30 Third Ave, Brooklyn, NY 11217; Ph: (718) 643-6140, Fax: (718) 237-4137;
Email: montgome@senate.state.ny.us

Jose Peralta, 32-37 Junction Boulevard, East Elmhurst, NY 11369; Ph: (718) 205-3881, Fax: (718) 205-4145; 
Email address: jperalta@nysenate.gov



Michael Ranzenhofer, 8203 Main Street Suite 4, Williamsville, NY 14221; Ph: (716) 631-8695, Fax: (716) 634-4321 Email address: ranz@senate.state.ny.us

Patty Richie, Dulles State Office Building, Room 418, Watertown, NY 13601; Ph: 315-782-3418, Fax: 315-782-6357; District Office 2: 46 East Bridge St., 1st Floor, Oswego, NY 13126; Phone: (315) 342-2057. District Office 3: 330 Ford St. (basement of City Hall), Ogdensburg, NY 13669. Phone: (315) 393-3024. Email: ritchie@nysenate.gov



Gustavo Rivera, 2432 Grand Concourse, Suite 506, Bronx, NY 10458; Phone: 718-933-2034, Fax: 718-933-2825. The Office is open Monday through Friday 10 a.m. to 6 p.m. Constituent Service hours are on Monday through Thursday from 12 pm to 4 pm. 
Email: grivera@nysenate.gov




2. PAROLE REFORM: PEOPLE IN PRISON WEIGH IN

The Moral High Ground:

Until recently the moral high ground was always thought to be the province of the Parole Board. A Times Union article “State Tells Officers to Surrender Guns” recently enhanced my understanding of how parole boards operate. The article dated February 24, 2012 by Brendan J. Lyons, a Times Union writer, appears at least in part to suggest that parole officers have more influence at parole board hearings than previously thought.

Apparently some parole officers complained to Mr. Lyons about the deployment of the COMPAS risk assessment tool in use by the New York State Department of Corrections & Community Supervision (DOCCS). At least part of the complaint was that because of COMPAS, (facility parole) officers would no longer be able to …”inform parole commissioners when they think an inmate is lying and may not be ready for parole”.

This is a significant revelation. No one had a clue that there were parole officers whose function it was to …”inform” commissioners of anything other than the particulars of the parole case and what if anything the parole candidate has done to change his or her life. “Informing parole commissioners when they think an inmate is lying and may not be ready for parole” is new information. Everyone that I have spoken to thought that making decisions and determining the veracity of the parole candidate was an exclusive function of parole commissioners. Indeed it is spelled out in the Executive Law, and the parole board would not have it any other way. Determining suitability for parole is the exclusive mandate of parole commissioners, period! Even the recent merger of DOCS and the Division of Parole did not diminish that exclusive authority.

For years however, it has been rumored that parole officers were indeed influencing parole decisions, and not always in an ethical manner. One notable case described by a parole candidate alleged that at his parole hearing he turned around to find a senior parole officer making a “decapitation gesture” implying that the commissioners should cut him off. Others have described similar occurrences. Such as gestures, smirks, rolling of the eyes or outright holding up hand-scribbled notes or signs. This sort of behavior if true, paints a rather sad portrait of a somewhat dysfunctional process.

Parole officers, now called Offender Rehabilitation Coordinators, typically meet with parole candidates only once during their incarceration. Correction counselors on the other hand meet with offenders numerous times throughout their entire prison term. Yet they have no input into the decision making process.

Parole Commissioners play a quasi-judicial role and are vested with the authority to release offenders back into society. They tend to see themselves as defenders of public safety, and rightfully so. They are the representatives of the voiceless and often forgotten victims and the people of the State of New York. To conduct a parole hearing in anything other than the highest principled manner is to abandon the moral high ground that has been thought to be the province of parole boards. Every instance in which the parole board predetermines the outcome of an interview, or simply goes through the motions, it is relinquishing the moral high ground to an unethical ploy. Such abandonment undermines the very respect for the law that is the moral/philosophical underpinning of the board. Unless parole boards simply exist to punish, in which case any utilitarian ethic will suffice, they need to assure the public of a fair parole process.

Changes are coming, but if the Times Union article is any indication, the former Parole Officers are neither happy nor willing participants in that change.

-Ismael Igartua [Ish is a NYTS graduate and writer. He was “hit” at the December board and remains at Fishkill.]


Optimism Grows Despite Harsh Conditions
[Compiled from letters Prison Action Network received in the last month.]


There was no mention of the SAFE Parole Act when you listed all the bills. What happened with it? [Editor’s note: Nothing. The SAFE Parole Act mercifully was not presented to the committee. Mercifully because it would have been vetoed if it had. If expanding the opportunity for inmates to get a GED was defeated, can you imagine the fate of a bill to release inmates when they are no longer a threat to society?!]

You also do not promote the website: www.ParoleReform.org. [Editor: that was an oversight. Readers, please visit the website, make a call to the story-line: 877 518 0606, or send another letter, with your own personalized message if you previously sent the one that’s there. And get other people to do it. There’s a page of documents you can download and use to educate your friends, neighbors and co-workers. It also posts parole updates and news bulletins.]

My family went to the website to sign on and found it shut down! So, I have to ask, what happened? [Editor: We had no idea it was shut down. It has always been working when we visit it, although for a time the One Page Description (probably THE most useful tool on that page) had come “unattached”. The website manager fixed that as soon as we notified him. In the future, if anyone has a problem on the website, please have them call us or email us - see footer for how.]

I never understood Prof Genty’s excitement over the Merger of DOCS and Parole. It’s right there in the 2011 Budget Bill S.2812-C, A.4012-C that the Parole Board is still able to hit you for the nature of your crime. It also says we are NOT to be granted parole merely as a reward for good conduct or efficient performance of duties while confined! Which to me makes no sense - the only thing we CAN do to change, since we cannot change the past (even though we would if we could) is develop good behavior and positive attitudes while here. [Editor: the SAFE Parole Act removes nature of the crime! See Article 4 for more on that topic.]

There have been a lot of changes though. Positive ones that make good sense. It seems like they were designed to prepare for future changes. Maybe it’s wishful thinking but it’s the first time in all the years I’ve been in prison that I’ve been feeling positive about this and my chances of going home. Things are changing! Society’s perceptions and insights are changing. We are gaining support. Slowly but certainly. The Governor’s “Work for Success” initiative that you reported in Art. 14, and the Times Union report on 2/24 “State Tells Officers to Surrender Guns”, by Brendan J. Lyons indicate steps forward. I don’t know about other facilities but here the administration has been turning this place negative and the officers are really starting to push buttons. This used to be a very laid back and positive place to be. It’s changing pretty quickly and we are doing our best not to feed into their games. We just had one guy get 30 days keep-lock for an extra roll of toilet paper and a second pair of shower shoes! We all pretty much know why the officers are acting out. Changes. They’re afraid of change. We’re feeling it. It’s why I’m feeling positive. Everything one step at a time, and we are moving forward.

We know why the parole board continuously hits us, but I have to ask, has anyone ever asked why, after being hit, would they release us? If someone has been hit 2-12 times and each time the reason is for nature of the crime, what would be the excuse for finally releasing the person? The nature of the crime is still the same. What has the person done this past two years to make them think, “now its OK and safe for you to go home.”? Prior to our first parole board, most of us who have 15, 20, 25 years in, have done everything that we need to do. Mandatory and voluntary! So, once we’ve been hit with two years, the only things left to do are work on appealing the parole board’s decision, and wait. Now we go to our 4th board with 6 years of appealing and waiting (working and hanging out) and now all of a sudden they want to release us. Why? We didn’t really do anything for those past 6 years that would give them any more reason to release us, and the nature of the crime is still the same. Have them write a detailed reason for the release! They wouldn’t be able to do it. Not with any real justification.

We just had the 2012 Budget passed. Other than the expansion of the DNA bata bank, were any parole changes made? [Editor: Not that we know of.]

It’s going to be a busy year. But a good one! Keep the faith, and don’t lose hope. - a NYS prisoner


FOR THOSE WHO DIDN'T SEE THE 2/24/12 TIMES UNION ARTICLE referenced in the above 2 articles, here are the pertinent points:
Some parole officers were quoted saying the COMPAS program removes the ability of parole officers to make human judgments or “inform commissioners when they think an inmate is lying and may not be ready for parole." “What we've been finding is that inmates are already finding out how to cheat the system," said one. The officer said inmates have obtained copies of COMPAS reports on other inmates who scored low-risk assessments that helped get them released. "They're memorizing their answers," the officer said. "So the COMPAS instrument isn't going to be accurate. Whether we agree with what the inmate is saying or not we don't have a say in it. We had the ability to say this guy didn't present well and didn't seem honest when he was answering questions. The COMPAS is taking that away from us."

Peter K. Cutler, a spokesman for the Department of Corrections and Community Services, said state officials have "never heard such an allegation" that inmates are memorizing other inmates' answers. "If a (parole officer) has such info they have an obligation to share it with their supervisors," he said. The prison-based parole officers who will lose their peace officer status will be given a new title, "offender rehabilitation coordinator." Meanwhile, employees who worked for the former Department of Correctional Services as counselors and substance abuse counselors, including some who are former inmates, will also be moved into the same title.



3. PAROLE NEWS: FEBRUARY RELEASES; COMMISSIONER'S BIOS, THWAITES’S UPDATE, AND ANOTHER FAVORABLE COURT DECISION

FEBRUARY 2012 PAROLE BOARD RELEASES – A1 VIOLENT FELONS – DIN #s through 1999
unofficial research from parole database. (These figures do not include all YO’s or JO’s because we only look at pre-1999 dates.)

Total Interviews....... # Released....... # Denied.......... Rate of Release
14 Initials......................1....................... 13...................7%
43 reappearances........10....................... 33.................23%
57 Total.......................11...................... 46................ 19%

February Initial Releases
Facility..... Sentence.......... Offense.... # of Board
Clinton 23 ½-Life......... Murder 2......... Initial

February Reappearance Releases
Facility..... Sentence.. Offense.... # of Board
Cayuga.... 15-Life.... Murder 2......... 7th
Clinton.... 25-Life.... Murder 2......... 3rd
Eastern.....18-Life.... Murder 2......... 7th
Fishkill..... 15-Life.... Murder 2......... 7th
Franklin... 20-Life.... Murder 2......... 4th
Otisville... 15-Life.... Murder 2......... 12th
Otisville... 25-Life.... Murder 2......... 6th
Otisville... 20-Life.... Murder pre-74. 10th
Otisville... 9-Life...... Murder 2......... 10th
Taconic.... 15-Life.... Murder 2......... 6th


Douglas Thwaites filed an Article 78 contesting the Parole Board’s denial of his appeal that his parole hearing denial should be overturned: State Supreme Court Judge Echer ruled in his favor on the Art. 78 and stated that at the new hearing Mr. Thwaites needed to be judged by whether there is a reasonable probability that if released, he will live and remain at liberty without violating the law, and not on his past offense. According to the Board’s website, his reappearance is scheduled for June 2012. We will be waiting to learn the decision.

Another Favorable Court Decision
Emmanuel Patterson received a favorable ruling on his Article 78: Patterson v Cully, Index # 1-2011-4748, Erie County, Michalski, 2012. The court noted the criteria governing release is contained in NYS Exec. Law 259 (i)(2)(c)(a). Due to the timing of the case (2010), the court also refers to NYS Exec. Law 259 (i)(1)(2)(c) which has now been changed and added to the preceding section.

The court stated the Board cannot solely cite the serious nature of the crime as a reason for denial, IGNORING THE CASE PRECEDENT IN King and Johnson. The court indicated the statement: “criminal behavior being extreme and violent with a total disregard for human life” could be said about any homicide and was not enough to constitute an aggravating circumstance beyond the serious nature of the crime, Patterson (id). The court found this decision “irrational and improper” Patterson (id).

The court concluded “the Parole Board’s reliance on the severity of the crime to deny parole not only contravenes the discretionary scheme mandated by statue, but also effectively constitutes an unauthorized resentencing” Patterson (id)>


BELOW ARE BIOS OF THE CURRENT PAROLE BOARD MEMBERS. It is expected that some with expired terms will be replaced very soon by Gov. Cuomo. Following each bio is the commissioner’s term, and the governor who appointed EACH.


Short Biographies (We’ve published most of these before but due to member demand here they are again).

Andrea Evans: as Chairwoman, also served as Chief Executive Officer of the Division until the Division was merged with DOCS. Ms. Evans was most recently Director of the Division of Parole for Region II, an area encompassing Brooklyn, Queens and Staten Island. In this position, she was responsible for the operation of nine area offices, and the Queensboro Correctional Facility. Prior to this role, Ms. Evans served as Deputy Regional Director for Region I, where she managed the operation of five field offices in Bronx County. [ June 8, 2009 - Feb. 6, 2013 Paterson]

Jared Brown: A practicing attorney since 1976, Brown became a partner in Brown and Guilbert, a New York City Law Firm in 1984. Prior to practicing law, Brown worked as a narcotics parole officer with the New York State Addiction Control Commission and at the New York City Department of Social Services. [Jan 26, 2010 - June 18, 2012 Paterson]

Joseph Crangle: assistant court analyst with the NYS Office of Court Administration, assigned to the Domestic Violence Part of the Buffalo City Court where he monitored defendant’s compliance with court orders; a probation officer with the Genesee County Probation Department, where he oversaw the Pretrial Release Under Supervision program. Mr. Crangle has a bachelor’s degree from Canisius College and his JD from the City University of N.Y. [June 19, 2008- June 16, 2014] Paterson

Lisa Beth Elovich: administrative law judge at the NYS Office of Children and Family Services; lawyer in the Attorney General’s Office and in the Manhattan District Attorney’s Office. [Dec. 13, 2006 - Dec. 31, 2013 Pataki]

James Ferguson: Administrative Law Judge at NYS Division of Parole, Jan 1999 – May 2005; Assistant District Attorney, Bronx District Attorney's Office, Aug 1992 – Jan 1999. Education: Marist College B.S., Political Science/Psychology; Pace University School of Law, Juris Doctor. [April 12, 2005 - July 6, 2011 Pataki]

Gerry Greenan: comes from a prominent family in West Seneca; was appointed by Governor George Pataki; is an attorney at the prominent law firm of Harris, Beach in the Commercial Real Estate, Residential Real Estate, and Life & Asset Planning Practice Groups. [June 21, 2006 - June 18, 2012 Pataki]

Michael A. Hagler: more than 30 years in law enforcement: senior investigator with the Office of the New York State Attorney General, conducting investigations into environmental and computer crimes, money laundering, gambling and narcotics in the Rochester region; member of the Metro Rochester Firearms Suppression Unit (Project Exile), security detail for then Attorney General Eliot Spitzer in upstate NY; investigator sergeant with the Monroe County Sheriff’s Office supervising various units within the department’s Criminal Investigation Division, the department’s liaison with all local, state and federal law enforcement agencies as well as community groups. [Oct. 22, 2007 - Aug.31, 2013 Spitzer]

Christina Hernandez served as Commissioner of the New York State Crime Victims Board, as a Commission Member of the New York State Commission on Judicial Conduct. In 2009, Ms. Hernandez was selected as one of nineteen parole board commissioners from across the United States to participate in a pilot training, “Integrating Evidenced-Based Principles into Parole Board Practices,” created by the National Institute of Corrections, U.S. Department of Justice. Ms. Hernandez holds a Bachelor of Arts from Buffalo State College; a Masters in Social Work from the School of Social Welfare and a Certificate of Graduate Study in Women and Public Policy from the Rockefeller College of Public Affairs and Policy, at the University at Albany. Additionally, she has completed all course work towards a PhD at University at Albany-SUNY School of Social Welfare.
[June 14, 2006 - June 6, 2011 Pataki]

Henry Lemons was not replaced when his 2007 appointment to fill an unexpired term came to an end in 2008. He has now been {when did this happen? we missed it!} formally appointed to serve out the remaining 4 years of the new 6 year term. He served from 2004 to 2007 as Deputy Chief Investigator for the New York State Attorney General. Prior to that, he was the Assistant Chief Investigator for the Kings County District Attorney. He is a former Sergeant and Detective with the New York City Police Department. He also served for four years of active duty with the United States Air Force. Mr. Lemons earned his bachelor’s in criminal justice and planning from John Jay College of Criminal Justice and his master’s in organizational leadership from Mercy College. He is a graduate of the FBI National Academy. Mr. Lemons was raised in the Bedford–Stuyvesant section of Brooklyn and Queens, where he still resides. [May 1, 2007 - June 18, 2008 Spitzer]

G. Kevin Ludlow is a Lawyer in Utica, New York [June 21, 2006 - June 18, 2011 Pataki]

Mary Ross: staff attorney with the Legal Aid Society in Queens, executive director of Providence House, a nonprofit corporation that provides transitional and permanent housing for female ex-offenders, homeless women and their children; the campus minister at Queens College; the director of administrative services at the Diocese of Brooklyn;. She has a bachelor’s degree in education from St. Joseph’s College, master’s in education from Brooklyn College and JD from the City University of New York. [June 19, 2008 - Aug 31, 2013 Paterson]

Walter Smith of Clarence: appointed to two terms by Pataki, was a senior investigator for the state's Crime Victims Board.
[Dec 16, 1996 - July 6, 2011 Pataki]

Sally A. Thompson: 20 distinguished years with the NYC Police Department, as a detective in the department, investigating violent crimes and making numerous felony and misdemeanor arrests; five years in the Bronx Narcotics/Major Case Division, conducting complex criminal investigations that included surveillance and undercover operations; active member of the Fraternal Order of Police and the Detective Endowment Association. [June 14, 2007 - May 4, 2013 Pataki]



4. PAROLE REFORM: TIME TO BEGIN EMPHASIZING THE IMPORTANCE OF REMOVING THE SERIOUSNESS OF THE CRIME FROM THE PAROLE BOARD’S CONSIDERATION.

Now is an opportune time to press this issue. The reason that it is an opportune time is because we are now at a point in time when we have concrete evidence of the parole board’s lawlessness, arbitrariness and their refusal to follow the mandates of the legislature. In other words, they have demonstrated their bad faith to give fair consideration to parole applicants.

On March 31, 2011 several significant amendments to the Executive Law were signed into law including an amendment to Executive Law § 259-c(4) which requires the parole board to:

Establish written procedures for its use in making parole decisions as required by law. Such written procedures shall incorporate risk and needs principles to measure the rehabilitation of persons appearing before the board, the likelihood of success of such persons upon release, and assist members of the state board of parole in determining which inmates may be released to parole supervision.

The effective date of this mandate imposed on the parole board was October 1, 2011. As of April 5, 2012 the parole board has failed and refused to establish the written procedures that were required by the state legislature. The result of this bad faith on the part of the parole board is that they have failed to establish lawful procedures by which they will consider the risk and needs instrument that they are using, the COMPAS, and that they have no rules that control how they are to implement risk and needs principles. Not only does this make all decisions since October 1, 2011 unlawful, by failing to establish rules it prevents judicial review since the courts have no way of knowing whether the board decisions are consistent with law procedures. This total disrespect for the legislature and its mandated reform clearly requires stronger action on the part of the legislature. The parole board cannot be trusted to use its own devices to establish written procedures that will be fair and appropriate. If they will not follow the law as directed to them by the legislature, how can they be counted on to make their own rules?

Therefore, it is time for the legislature to act in response to this affront by the parole board and establish tighter control of parole board decision making. In order to do this, more specific statutory requirements must be imposed. Now is the time to impose the statutory requirements of the SAFE Parole Act!

One of the dominant features of the SAFE Parole Act is that it removes “the seriousness of the offense” from the parole board’s consideration. There are several strong reasons why that factor is no longer appropriate for parole board consideration:

*Double counting of the crime and criminal record. This factor is used in the COMPAS risk and need assessment and is currently also being used by the parole board as a separate factor. By double counting, this factor creates an imbalance in the factors to be considered. It serves no legitimate purpose when it comes to the ultimate decision that the parole board is called upon to make, which is whether “there is a reasonable probability” that the parole applicant, if released, “will live and remain at liberty without violating the law.” The seriousness of the crime has no predictive value in determining if the person is likely to reoffend.

*Currently as it is being used, the parole board is abusing the use of this factor. Even in cases where the COMPAS risk assessment score indicates low risk, the parole board is defaulting to the “seriousness of the offense” to support their conclusion that the parole applicant is a high risk. In other words, nothing has changed with the parole board, despite the legislature’s attempt to reform the process.

*The factor, “seriousness of the offense” originally appeared in the Executive Law § 259-i (1) as a factor to be considered by the parole board at a time, years ago, when the parole board actually had the authority to set the minimum sentence when the court had not. In such cases, because the parole board was serving a sentencing function, it was appropriate to consider that factor because the sentencing function properly considers punishment as a sentencing goal. However, since the parole board no longer sets the minimum, and therefore no longer is charged with the responsibility of considering punishment, it should no longer be considered as a factor.

*In 2011, subdivision (1) was repealed. Unfortunately, and without debate of discussion about the rationale, this factor was moved to subdivision (2) for parole board consideration in general. That repositioning of this factor was without sound rationale, and should be removed.



5. BUILDING BRIDGES IS SEEKING INFORMATION ON T.A.P. AND COMPAS IMPLEMENTATION AND ON PAROLE DENIALS USING THEM

Are newly incarcerated people being interviewed for their Transitional Accountability Plan (T.A.P.), which includes the COMPAS risk and needs score?

For those who already were in prison before the use of TAP began, how soon after the policy went into effect did they have their first TAP interview? Were they told how often it would be updated?

Has anyone had their high risk score used as the reason for a Parole denial? Have people with low risk scores been denied? Has anyone’s low risk score been mentioned as the reason for a release?

We ask because of the experience of a good friend who told us about his most recent parole denial. (He’s done more than 2 1/2 times his minimum.) He believes the decision was made before he entered the room. He was in the hearing for 14 minutes. One of the commissioners referred to his low risk score (4) - he sent us the report; he scored low risk on ALL categories - and his TAP. His denial reads, with no preceding justification, .”..if released at this time there is a reasonable probability that you would not live at liberty without violating the law”, and “your release at this time is incompatible with the welfare and safety of the community, and would so deprecate the seriousness of the crime as to show disrespect for the law”. We ask you, if his risk factor is the lowest possible, how can there be a reasonable probability that he would not live at liberty without breaking the law?! It then goes on to describe the crime in detail, and concludes: “Note is made of your accomplishments and good conduct. Consideration has been given to all required statutory factors including your effort at rehabilitation, your risk to the community and your needs for successful reintegration in the community.” And.....???? (We know this is familiar to many of you; we have a carton of similar documents that have been sent to us, with almost identical parole denials. But this is to make sure all our readers know that, no matter what we are told about reforms and improvements, at the end of the day denials have not changed one bit!)



6. THE NYS PRISONER JUSTICE NETWORK ANNOUNCES MAY 22 JUSTICE ACTION DAY

Dear Readers of Building Bridges,

You are invited to the New York State Prisoner Justice Action Day in Albany on May 22, 2012!

*Network with other activists, advocates, and people affected by the criminal justice system
*Hear about all the dynamic work for prisoner justice going on in New York State
*Urge legislators to support basic changes in the criminal justice system
*Rally and march to demand fairer parole decisions

There will be free transportation from New York City and other gathering points around the state. To sign up, contact the NYS Prisoner Justice Network by mail, phone, or email: NYSPJN, 33 Central Avenue, Albany NY 12210. 518-434-4037; nysprisonerjustice@gmail.com

What is the New York State Prisoner Justice Network? A statewide network of organizations, activists, advocates, incarcerated and formerly incarcerated people and families of incarcerated people working to end mass incarceration and bring justice to New York’s criminal INjustice system. It is groups working on a wide range of prisoner justice issues. NYSPJN publishes a directory of 60 member organizations (soon to be updated), has a listserv of more than 400 activists, and corresponds with about 100 prisoners. NYSPJN is a grassroots, unstaffed organization coordinated by unpaid volunteers. Therefore NYSPJN is not beholden to any source of funds, government agency, or foundation. Its agenda is set by its member individuals and organizations, in conference call meetings that all New Yorkers working for prisoner justice are welcome to attend. NYSPJN has a special mission to prioritize the voices and issues of currently and formerly incarcerated people.

Get in touch, get involved – and if you are already involved, build unity with others who are also involved. Make a difference, make a dent, change the system -- one step at a time. Take a step on May 22nd, 2012.




7. MERIT TIME BILL, S.338 MONTGOMERY/ A.154 AUBRY - THERE’S STILL TIME TO MOVE THIS BILL, IT HAS NOT BEEN VOTED ON YET THIS LEGISLATIVE SESSION

Click here for Merit Time Petition

Please visit this website to add your voices to a call for action and support from the family, friends, advocates and all New Yorkers in favor of expanding Merit Time for some A-1 felons. Merit Time is time off one’s sentence for good behavior. Merit time is currently not available to anyone with any violent crime conviction. This Bill would include all but people with sentences for 1st degree murder, life without parole, terrorism, incest, violent sex offenses.

The Parole Board has reported that of 1,190 convicted murderers released from 1985 to 2003 in New York state, 35, or just under 3 percent, returned to prison for a new felony conviction within three years.

To earn time off, select inmates must exhibit good behavior throughout their sentences and complete all rehabilitative and educational programming.

Merit Time promotes rehabilitation, improves discipline and safety in the prisons, saves millions of tax dollars in housing, clothing, food, medical care, and other court and state costs.

Your voice and support are needed now, contact our Governor*, your Senator, your Assembly Member, your local community leaders, family, friends, neighbors, co-workers, etc.. TOGETHER we can make this happen.

For more details and to voice your support, contact Senator Montgomery and Assembly Member Aubry:

Senator Velmanette Montgomery (drafter of the bill), LOB 944, Albany N.Y. 12247, 518-455-3451 
montgomery@nysenate.gov

Assembly Member Jeffrion Aubry (drafter of the bill), LOB 526, Albany, NY 12248 aubry@nyassembly.gov.

For your NYS Senator and Assembly person, go to: www.nysenate.gov or www.nysenate.state.ny.us, AND www.nyassembly.gov or www.nyassembly.state.ny.us

*Governor Andrew Cuomo, State Capitol, Albany, N.Y. 12224, 518-474-8390, or use form on website: www.andrewcuomo



8. YOU MAY NOT WANT TO SMILE FOR THIS PICTURE; VISITORS TO PRISON ARE SOON GOING TO HAVE THEIR PHOTOGRAPHS ON FILE AT DOCCS FACILITIES, ACCORDING TO AN ARTICLE IN THE ALBANY TIMES UNION

Prison officials plan to start photographing visitors to state inmates in a pilot program this fall at a facility in northern New York and possibly a few others. Those pictures will be filed in the corrections department's central visitor identification system. Regulations to establish the practice in all 60 facilities housing 56,000 prisoners are expected to follow. Separately, the department issued final regulations earlier this week to require adult visitors present a photo identification starting Oct. 1 at all state prisons. Signed identification documents without photographs have been acceptable. {Editor’s note: Where has this been acceptable? We’ve not heard of one NYS prison where photo ID was not required.]

Source: www.timesunion.com/news/article/Photos-of-NY-prison-visitors-in-pilot-program-3451367.php#ixzz1qwGzZ347

Building Bridges is Prison Action Network’s way to stay in contact with its members.
 Write us at PO Box 6355, Albany NY 12206, call 518 253 7533, or email if you want to join.