Dear Reader,
I’ve been on the road a lot this summer; to NYC for meetings, to a farm garden in NW Pennsyvania, visiting incarcerated people as I travel, and last Monday I ended up in Buffalo, where I had grown up, to attend Prisoners Are People Too’s monthly meeting. Boy! was I impressed by the folks in Buffalo!
The topic was restorative justice, and the meeting started with a film about the families of two young men from adjoining neighborhoods, one of whom had murdered the other, resulting in one gone forever, and the other who wouldn’t be returning until he was an old man. Through the intervention of a priest in whose parish both had lived, and who had recognized the terrible loss both families had suffered, the families actually became close. As if that wasn’t enough of an inspiration for choosing forgiveness instead of revenge, in the audience were 2 women with powerful stories to tell. One who had lost 2 children to violence on the streets, and the other whose brother had killed her sister. Both found the ability to forgive the people who had harmed them so deeply, through the help of an organization which amazed by its message and its business smarts.
According to literature they handed out, the Stop the Violence Coalition has been effective in reducing violence by 50% on the streets of Buffalo, but more than that they’ve replaced it with the message of peace and love. Two of its chief organizers spoke, and described their 100 Days of Peace Campaign which kicked off on June 1 and will continue through Sept. 1. Through selling advertising space on their Stop the Violence Bus (which was parked outside as we left), at all their public appearances and on all their literature, they hope to raise the money for the Campaign which also includes a $10,000 Peace Awareness Contest. Entry in the contest requires registering at the Stop the Violence Bus or a number of other local Buffalo places of business, and it provides an opportunity for one lucky family in the Buffalo area to win a grand prize of $10,000 in cash and prizes.
Buffalo has won my heart! Karima Amin rates some kind of award for bringing so many good people together every month to learn and be inspired to do something to make this a better world.
Be well, have hope, and please, tell your friends about this website.
In this Issue
1. Actions you can take
2. Birth in shackles
3. ICARE is on vacation
4. Legislation updates and bills to watch
5. Parole News
6. Prison Media
7. Prisoners of the census
8. Public Defense
9. Transportation
10. Voting rights
11. Writing Contest
1. ACTIONS: WHAT CAN YOU DO? HERE’S A LIST OF THINGS TO START WITH
BUFFALO:
Prisoners Are People Too is a justice advocacy program that meets monthly on selected Mondays in Buffalo. Most meetings feature a documentary film related to some criminal justice or prison issue, and one or more guest speakers who address that issue.
TUESDAY, AUGUST 18, 5-7:30PM PRP2! SPONSORS LETTER WRITING EVENT - Frank E. Merriweather, Jr. Library, 1324 Jefferson Avenue in Buffalo.
George BaBa Eng (77A4777) will face his 5th Parole Board hearing in October of 2009 after nearly 33 years of incarceration in New York State Prisons. Well known as a Reformed Offender, BaBa has many longtime supporters who are advocating for his release. At this support event for BaBa the documentary film “Life Sentence” (2008), which features six formerly incarcerated men and women who have spent decades behind bars and who are now outstanding contributors to their families and communities, will be shown. Several speakers will attest to BaBa’s parole worthiness and attendees will receive instructions and assistance for writing an effective letter of support for George BaBa Eng.
MONDAY AUGUST 31, 6:30 - 8:30PM - THE NEXT MEETING OF PRISONERS ARE PEOPLE TOO! Pratt-Willert Community Center, 422 Pratt Street
The next meeting of Prisoners Are People Too will open with a screening of the documentary film, “Prisons for Profit” (PBS, 2008) which explores the growing trend of prison privatization and asks two questions: “Should incarceration be incorporated?” and “If money is being made from filling a prison bed, is this a violation of a prisoner’s human rights?” Since there are no private prisons in New York State, the screening of this film may appear to be moot but it relates to our guest speaker’s topic which, in a word, is greed.
Rev. Eugene L. Pierce, Executive Director of “Western New York Outreach Ministries,” served as Deputy Superintendent of the Erie County Correctional Facility from 1984 until 1997 when he was forced into retirement by then Erie County Executive Dennis Gorski, for complaining for four years about the misuse of the prisoner commissary fund. Funds intended for the sole purpose of “prisoner welfare and rehabilitation,” according to New York State Correction Law, have been misspent. Audits and reviews of the commissary fund in 1998 and 2007 officially document that monies were inappropriately spent. Greed and a lack of concern for prisoner well-being has meant that prisoners have not benefitted from funds intended for their education and rehabilitative programs. Rev. Pierce will talk about his demand for an investigation into the misuse of these monies at the Erie County Holding Center and the Erie County Correctional Facility.
PRP2 programs are sponsored by The Circle of Supporters for Reformed Offenders and Friends of BaBa Eng.
For further information, contact Karima Amin: 716-834-8438; karima@prisonersarepeopletoo.org.
NEW YORK CITY
SATURDAY, AUGUST 15TH, FROM 10:30AM-1PM -COALITION FOR FAIR CRIMINAL JUSTICE POLICY MEETING
Fortune Society Castle, 630 Riverside Drive, corner W.140th St. (#1 Train, 137th St/City College stop.) (Note: the Fortune Society does not sponsor our events, but they generously share their space with us.)
At our last meeting (on July 11) we began working on our Public Relations Campaign, the goal of which is to transform the public's negative perception of formerly incarcerated people and the families and friends of currently incarcerated individuals. This first phase of the project involves creating postcard sized messages which we will hand out at public demonstrations.
At the meeting we each made 2 lists, one of our skills, accomplishments, and values and the other of how we think the public would perceive us if they knew of our criminal history, or our relationship to someone who has one.
So if you weren't there, please make these 2 lists for yourself, and bring them to the next meeting. Come lookin' good, cuz we will be taking your picture for the postcard. (If you are reluctant to have your picture made public, we can use a sillouette.) We will create a model of our cards to be taken to a printer for mass production.
Our first planned action is for September, when we will gather at a major thoroughfare in Harlem and hand them out to people on the street, hopefully engaging them in conversation in the process. The postcards will feature our pictures and on one side a description of who we are in our community, and on the other, our relationship to someone who is incarcerated, or to our past incarceration if such is the case. In other words, it will humanize us, and hopefully dispel the demonization that afflicts us and our loved ones.
SATURDAY, AUGUST 15TH PARENT EMPOWERMENT SEMINAR HOSTED BY NYS SENATOR ERIC ADAMS
3rd Annual "Cradle to College" event. This year's theme is "Securing our Families’ Futures." There will be a series of feature presentations, breakout sessions, an array of resources and giveaways on: Career Choices, Job Recruitment, Health and Nutrition, Personal and Family Development, Internet Safety, Financial Literacy, and Public Safety.
To attend, please contact Lamona Knight B.S., MPA, Coordinator, NYS Senator Eric Adams, 2009 Parent Empowerment Seminar, at 917-592-7971or Medgar Evers College, 1650 Bedford Ave, Brooklyn NY 11225
Plenary Session -
Child Safety Book – Keeping Our Children Safe: Presenter: NYS Senator Adams
Parenting is a Process - Presenter: Keith Rogerss.
Session A – Classrooms (11:35 -12:45)
Assessing your Social Service Resources through Difficult Times Facilitator: Chaz Crowder
Autism Awareness – Empowering The Family, Understanding Autism: First Sign Facilitator: Lucina Clarke
Bullying: Facilitator: Sabra Jackson
Career Planning: How Can Parents Help? Facilitator: Jan Cummings-Grayson
Computer and Internet Marketing Facilitator: Kelvin Alexander
NYC Family Court: An Overview of Parties’ Rights and Responsibilities Part I Facilitator: Tyrone Cherry
Resume Writing & Interviewing With Confidence Facilitator: Audrey Brown-Douglas
Stress Management Facilitator: Robin St. Clair
The Psychology of Money Facilitator: Erik Shumar – Amalgamated Bank
What to do When Stopped by the Police Facilitator: Amin Kosseim
Session B – Classrooms (1:35 – 2:45)
Face-to-Face: What It Means To Be A Young Man Of Color In The World. Facilitator: Keith Rogers
Face to Face: What it Means to be a Young Woman of Color in the World. Facilitator: Audrey Brown-Douglas
Financial Planning and Literacy: Facilitator: Office of NYS Comptroller Thomas DiNapoli and The Alliance for Financial Literacy
Gang Awareness Facilitator: Amin Kosseim
Goal-Setting Facilitator: Sabra Jackson
How to Make Success Follow You Facilitator: Eliandra West
How to Talk So Kids Will Listen and How to Listen so Kids Will Talk Facilitator: Robin St. Clair
NYC Family Court: An Overview of Parties’ Rights and Responsibilities Part II Facilitator: Tyrone Cherry
Pre-Paid Legal Facilitator: Richard Jones
Preparing yourself and your Child for College Facilitator: Jan Cummings-Grayson
Watching the News with a Critical Eye Facilitator: Peter Katona, Deputy Communications Director for NYS Senator Eric Adams
THURSDAY, SEPTEMBER 10, 2009 6:30 – 9:00 PM WOMEN ON THE RISE TELLING HER STORY “A WOMAN’S WORTH”
Please join us in celebrating our 5th Anniversary by recognizing our esteemed members
Silent Auction - Musical Performance by Mahina Movement -Keynote Speaker- Susan L. Taylor (Refreshments Served)
American Indian Community House, 11 Broadway 2nd floor, Manh. (the # 4 or 5 train to Bowling Green then a one block walk up to Broadway
Please RSVP to Tina Reynolds 917 626 8168 or fill in the contact page on our website www.womenontherise-worth.org.
2. BIRTH IN SHACKLES: WOMEN WHO’VE GIVEN BIRTH KNOW THE PAIN OF A NORMAL BIRTH, IMAGINE IT WHILE CHAINED AND SHACKLED. THAT’S WHAT HAPPENS IN NYS PRISONS, BUT HOPEFULLY NOT FOR MUCH LONGER
On May 20, both houses of the Legislature — with broad support from Democrats and Republicans — passed Bill S1290-A/A3373-A [see #5 Legislation] that would bar the shackling of women during labor. It would permit the use of handcuffs only in “extraordinary circumstances” to protect the woman or others around her. Sen Montgomery’s office reports the bill will be sent to the Governor next week to sign. He has 10 days after that date to sign the bill. If the Gov. does not sign a bill after the 10 days it has to go back through the entire process again.
Last week women organized by the NYCLU and Women on the RIse Telling Herstory (WORTH) rallied across from Governor Paterson's office and with a crowd of close to 100 people urged Governor Paterson to sign the Anti-Shackling Bill into law. Courageous formerly incarcerated mothers shared their stories. Representatives from Sen. Ruth Hassell-Thompson and Sen. Velmanette Montgomery's offices spoke. Assemblymember Nick Perry attended and spoke movingly about the need for the passage of this bill. The rally received terrific press coverage: The New York Times Sunday Edition, Giving Life, Wearing Chains and Shackles, The Indypendent, Unbinding Pregnant Inmates and a Newsday Editorial, An end to a barbaric practice. David Rothenberg spoke about the issue on his Any Saturday morning show on WBAI, 99.5FM. Rothenberg mentions the bill about halfway through the show and Senator Thomas Duane called in to support the bill and offer more information about it.
3. ICARE REPORTS WILL BE TAKING THE SUMMER OFF. LOOK FOR THE NEXT COLUMN IN THE SEPTEMBER ISSUE.
4. LEGISLATION: UPDATES AND BILLS TO WATCH [Copies of all bills mentioned are available from PAN by sending an email with the number of the bill and the month in which we reported it.]
UPDATES
ANTI-SHACKLING BILL S1290-A/ A3373-A Sponsored by Sen Montgomery and A.M. Parry.
To prohibit the use of mechanical restraints including handcuffs and shackles, on any pregnant female prisoner who is about to give birth during transport from a correctional facility to a medical facility or other accommodation for the purpose of delivering her child.
Status: awaiting the governor’s signature.
MERIT TIME BILL S2932/A6487
Passed out of the Senate Crime Victims, Crime and Corrections Committee. Now sitting in the Rules Committee.
DOMESTIC VIOLENCE MERIT TIME BILL A4516-C/S3438-C
Passed in the Assembly after revision, was sent to the Senate and committed to Rules Committee.
ADOPTION POLICIES AFFECTING CHILDREN OF INCARCERATED PARENTS A5462/S2233
Passed in the Assembly, delivered to Senate who referred to Finance Committee..
BILLS WE’RE WATCHING:
A3260/S1295 - Benjamin/Montgomery - relates to prohibiting colleges from denying formerly incarcerated individuals admittance to college based solely on thier incarcertaion
A2445/S4643 - O’Donnell/Hassell-Thompson - Relates to voting and registration for voting by convicted felons
A6665/S4495 - Gottfried/Duane - Prohibits participation in torture and improper treatment of prisoners by health care professionals
A1414 - Wright - Grants a convicted felon the right to register to vote at any election
A6439 - Aubry - Creates a pilot project for filing medical assistance applications for inmates prior to their release
A4327 - Heastie - Establishes a commission to study and develop a plan for improving education in state prisons.
A8552/S5685 - Aubry/Hassel Thompson - Establishes the commission on post-secondary correctional education
S5684/A8911- Padavan/Fields - Would repeal section 160.58 of the criminal procedure law which requires the sealing of the conviction records of persons who have completed drug treatment program. Introduced by Sens. Padavan, Skelos, Alesi, Bonacic, Defrancisco, Farley, Flanagan, Fuschillo, Golden, Griffo, Hannon, O. Johnson, Lanza, Larkin, Lavalle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Morahan, Nozzolio, Ranzenhofer, Robach, Saland, Seward, Volker, Winner, Young
5. PAROLE NEWS: PART 8 OF PAROLE HANDBOOK: WHAT IS MEDICAL PAROLE?; JUNE and JULY PAROLE STATISTICS
PART 8 ON PAROLE AND PAROLE BOARD ACTIVITIES IN STATE CORRECTIONAL FACILITIES
[available online:Parole Handbook]
WHAT IS MEDICAL PAROLE?
The purpose of Medical Parole is to reunite terminally ill inmates with their families and loved ones during the final stages of illness and to allow death with dignity outside of prison. Section 259-r of the New York State Executive Law permits the Board of Parole to release certain terminally ill inmates prior to the expiration of the minimum term imposed by the sentencing court. Inmates who are in the final stages of a terminal illness, are severely restricted in their ability to walk and care for themselves, and have not served their minimum sentence are eligible to apply for Medical Parole. To apply for Medical Parole, an inmate or someone acting on his or her behalf should contact the Chief Medical Officer of the Department of Correctional Services.
Release on Medical Parole may only be granted by the Board of Parole after a physician diagnoses an inmate as suffering from a terminal medical condition and concludes that he or she is so debilitated or incapacitated as to be severely restricted in ability to self-ambulate and care for his or herself. The Commissioner of DOCS or a designee must review the physician’s diagnosis and conclusions and certify that the inmate is so debilitated or incapacitated as to create a reasonable probability that he or she is physically incapable of presenting any danger to society and forward the application to the Division of Parole. Medical Parole is granted for a period of six months and is renewable under certain conditions.
An appropriate medical discharge plan is established by DOCS and provided to Parole. The plan identifies the level of medical care the inmate will require upon release, and must include a confirmed placement in a facility that can provide the appropriate level of care. All inmates released on Medical Parole must have a special condition to remain under the care of a physician and in a medically appropriate placement, as well as other conditions of release.
JUNE 2009 PAROLE BOARD RELEASES – A1 VIOLENT FELONS – unofficial research from parole database
In May we saw no releases on first appearances, in June they made up for it with 8.
Total Interviews in June # Released
35 initials seen 8
97 reappearances 14
132 total 22
June Initial Releases
Facility................Sentence.......Offense
Greenhaven..........25-Life........Murder 2
Groveland.............15-Life....... Murder 2
Marcy....................25-Life....... Murder 2
Mid Orange...........25-Life........Murder 2
Mid Orange...........17-Life........Murder 2
Otisville.................20-Life........Murder 2
Woodbourne..........18-Life........Murder 2
Woodbourne..........25-Life........Murder 2
June Reappearances
Facility..........Sentence............. Offense............# of board
Auburn.........20-Life................Murder 2.............2nd bd
Elmira...........25-Life................Murder pre-74....7th bd
Fishkill..........15-Life................Murder 2.............2nd bd
Fishkill..........1 1/2-3...............Murder 2.............5th bd
Fishkill..........15-Life................Murder 2.............2nd bd
Fishkill..........18-Life................Murder 2.............6th bd
Greenhaven...25-Life................Murder 2.............6th bd
Groveland.....20-Life.................Murder 2.............2nd bd
Livingston.....25-Life.................Murder 2.............2nd bd
Livingston.....20-Life.................Murder 2.............2nd bd
Marcy............25-Life.................Murder pre-74....7th bd
Otisville........ 20-Life.................Murder 2.............2nd bd/spec cons
Otisville........ 25-Life.................Murder 2.............3rd bd
Woodbourne..15-Life.................Murder 2.............2nd bd
JULY RELEASES FROM PRISON REPORTS. (Please note that the following statistics are not all limited to people convicted of A1 Violent felonies - some include all parole hearings):
MID-ORANGE
July 21 - Clark, Casey, Hagler
21 appearances (8 A1VO)
2 were paroled (no A1VO)
SULLIVAN ANNEX
July - Lemons, Ludlow, Elovich
5 appearances
2 were paroled: both non-violent on their initial boards.
3 denied: 1 merit, hit to initial in 1 year, 1 flat bid, hit 2 years, CRs in Nov., 1 A1VO 5th board, hit 16 months
WOODBOURNE
July - Lemons, Ludlow, Elovich
16 appearances: (3 A1VO, all denied)
3 were granted parole (15-life on 7th board, 21-life on 2nd board, 15-life on 4th board)
2 postponed
6. PRISON MEDIA: ALL THINGS HARLEM, FANCY BROCCOLI, ON THE COUNT, SOUL SPECTRUM WITH LIBERTY GREEN
FANCY BROCCOLI RADIO SHOW, WVKR 91.3 FM - Sundays - Jazz & Prison Talk, 3:00-6:00 pm
Box 726, Vassar College, Poughkeepsie NY 12604-0726
Fancy Broccoli streams online - go to www.WVKR.org and click on (or near) the word 'LISTEN'.
Visit archives to find lots of other good interviews.
ON THE COUNT, WBAI , 99.5FM. 10:30am-noon. August 2: Guest Serena Alfieri from the Correctional Association’s Coalition for Women Prisoners will speak about the Anti-Shackling bill [see #2]. To listen live on your computer, visit www.wbai.org. To listen later, visit their archives.
SOUL SPECTRUM WITH LIBERTY GREEN, WJFF Radio Catskill 90.5FM - Thursday evenings from 10pm to 1:30am. PO Box 546, Jeffersonville, NY 12748. Voice Box Call-in Comment Line: 845 431 6500
To listen on your computer, live, click here: www.wjffradio.org To send an email, click here: Email:libertygreen@citlink.net
ALL THINGS HARLEM - www.allthingsharlem.com
Web video at it’s activist best! Available whenever you have time to visit the website. Watch an interview with Amiri Baraka, poet, author, and activist for over a half a century. His comments on what we have to do vis a vis Barak Obama are insightful. Also the anniversary birthday of Malcom X and Identity theft in Harlem. If you know of events in the community that you think are worth covering please contact us at info@allthingsharlem.com.
7. PRISONERS OF THE CENSUS. WISCONSIN'S REP. KESSLER INTRODUCES CENSUS CORRECTION AMENDMENT WHICH DOES NOT INVOLVE THE CENSUS BUREAU; EIGHT PENNSYLVANIA HOUSE OF REPRESENTATIVES DISTRICTS WOULD NOT MEET FEDERAL "ONE-PERSON, ONE-VOTE" STANDARDS
This is a condensed version of the article appearing at www.prisonersofthecensus.org.
by Peter Wagner, June 18, 2009 MADISON -
Rep. Frederick Kessler, D-Milwaukee, today introduced a state Constitutional amendment to change the way state and local electoral districts are drawn. If enacted, the amendment would direct that incarcerated felons, who may not vote, also not be counted toward the population of the districts where their prisons are located.
The federal Census Bureau regards prison inmates as "residents" of the prisons where they are held, regardless of any permanent home address and regardless of the length of sentence. This malapportionment effectively turns those who happen to live near prisons into "supervoters": they have more powerful votes and more representation in the Legislature Than other Wisconsinites.
The problem is even more pronounced on the local level. Because county and municipal board districts are smaller, the inmate population of even one prison can make up a large percentage of a given district. In Waupun's Third Aldermanic District, for example, inmates make up 79% of the population. One vote in this district is equivalent to five votes in a district without a prison.
Kessler's amendment would allow federal census data to continue to be used, but would require that the data be altered to remove disenfranchised, incarcerated felons before districting maps are drawn. The amendment would apply to Assembly and Senate districts as well as county and local board districts. The United States Supreme Court has held, in Burns v. Richardson, 384 U.S. 73, 92 (1966), that states need not include disenfranchised felons in the data used to draw district maps.
At this time, no other state requires the exclusion of prisoners from districting data for state legislative districts, though Oregon, New York and Texas all have legislation pending on the subject. In addition, Virginia, Colorado and New Jersey require or allow correction of census data regarding inmates for the districting of certain local boards, and some municipalities and counties around the nation, and particularly in New York State, alter census data to remove prisoners on their own authority.
This next was condensed from: Report: Census Prisoner Count Dilutes Urban Political Clout from The Legal Intelligencer
found here.
By Amaris Elliott-Engel, June 26, 2009
Eight Pennsylvania House of Representatives districts would not meet federal "one-person, one-vote" standards if nonvoting state prisoners did not count as district residents for purposes of drawing up legislative districts, according to an analysis conducted by Prison Policy Initiative, an advocacy group based in Northampton, Mass.
Prisoners make up 5.5 percent to 7.5 percent of the eight districts that wouldn't otherwise meet federal population requirements, according to the PPI.
"Eight legislative districts lack sufficient population to meet accepted one-person, one-vote standards without counting disenfranchised prisoners as part of their population base," the report said. "At the same time, heavily minority urban districts would in all likelihood be entitled to additional representation if prisoners were counted as residents of their home communities for purposes of redistricting."
Wagner said the issue also should be a matter of democratic concern for constituents in any Pennsylvania legislative district that doesn't have prisoners counting toward the district's population base to meet the minimum population requirements.
Wagner also argues that Pennsylvania's use of Census Bureau data that counts prisoners where they are incarcerated violates the state's voter registration statute. The statute states: "No individual who is confined in a penal institution shall be deemed a resident of the election district where the institution is located. The individual shall be deemed to reside where the individual was last registered before being confined in the penal institution, or if there was no registration prior to confinement, the individual shall be deemed to reside at the last known address before confinement."
States, however, could easily subtract the inmate population out of the data used to draw legislative districts, Persily said. That is Persily's preferred policy fix because it wouldn't cost the Census Bureau anything and because prisoners would still be captured in census data like health statistics.
Angus Love, executive director of the Pennsylvania Institutional Law Project, said legislative districts should be defined by eligible voters, and that inmates shouldn't be counted in the configuration of legislative districts, either in the districts that inmates are imprisoned in or in their home communities.
Excerpt from ‘Change is Predicted in Census Prisoner Count’, by Amaris Elliott-Engel
Wednesday, July 22, 2009 Legal Intelligencer Staff
The 2010 census will be the last to count inmates at their place of incarceration instead of their home communities, an advocate for changing where the U.S. census counts the incarcerated predicted at the National Conference of State Legislatures Tuesday.
The Prison Policy Initiative depends on the support of the people who receive this newsletter. If you can help support our work with a tax-deductible contribution via Network for Good by clicking here, or via a paper check sent to Prison Policy Initiative PO Box 127 Northampton, MA 01061
8. PUBLIC DEFENSE: THE NEW YORK JUSTICE FUND GETS MORE SUPPORT FOR THEIR BILL WHICH CALLS FOR AN INDEPENDENT COMMISSION TO OVERSEE, FUND AND CONTROL PUBLIC DEFENSE SERVICES, WHILE PLANNING AND IMPLEMENTING THE STATE'S ASSUMPTION OF THESE RESPONSIBILITIES IN A MANNER THAT IS RESPONSIVE TO REGIONAL AND COMMUNITY NEEDS.
Senator Thomas K. Duane and Assemblymember Vivian E. Cook have signed on to the Public Defense Act of 2009 (A.8793/S.6002)! There are now 83 Assembly members and 22 Senators on the bill – and we must build even further support so that the act can be passed easily upon legislators' return to Albany. While they are home in their districts is the perfect time to thank those who are on the bill:
A8793 Sponsors: ASSEMBLY PERSON LENTOL, GOTTFRIED, PAULIN, CAHILL, CLARK, CANESTRARI, ENGLEBRIGHT, JACOBS, DINOWITZ, POWELL, PEOPLES, KAVANAGH, ROSENTHAL, BENEDETTO, WEINSTEIN, JOHN, SCHIMEL, LANCMAN, O'DONNELL, LATIMER, CAMARA, CASTRO, GIBSON; THOMPSON, VALESKY and urge the rest - in particular anyone who represents you - to join them:
Assembly Members: Abbate, Alfano, Aubry, Bacalles, Benjamin, Bing, Boyland, Bradley, Brennan, Brodsky, Brook-Krasny, Cymbrowitz, DenDekker, Espaillat, Farrell, Fields, Gantt, Giglio, Glick, Gordon, Heastie, Hikind, Hooper, Hoyt, Jaffee, Jeffries, Kellner, Lavine, Lifton, V. Lopez, Lupardo, Magee, Magnarelli, Maisel, Markey, McEneny, Millman, Morelle, Ortiz, Parment, Perry, Pheffer, Pretlow, Ramos, Reilly, N. Rivera, P. Rivera, Robinson, Scarborough, Schroeder, Scozzafava, Sweeney, Thiele, Titone, Titus, Towns, Townsend, Weisenberg, Wright
S6002 Sponsors: SENATOR SCHNEIDERMAN, HASSELL-THOMPSON, SAMPSON, ADAMS, BONACIC, BRESLIN, DIAZ, DILAN, FOLEY, HUNTLEY, MONSERRATE, MONTGOMERY, ONORATO, OPPENHEIMER, PARKER, PERKINS, SERRANO, SQUADRON, STEWART-COUSINS, THOMPSON AND VALESKY
Try convincing these, especially anyone who represents you:
Addabbo, Jr., Aubertine, Duane, Espada, Jr., Owen H. Johnson, Klein, Liz Krueger, Carl Kruger, , Savino, Malcolm A. Smith, Stachowski, Toby Ann Stavisky.
Updates on the Campaign's blog as to new sign-ons can be foundhere
- Jonathan E. Gradess, Campaign Manager,jgradess@newyorkjusticefund.org, (518) 465-0519
9. TRANSPORTATION: CAPITAL DISTRICT
NEST Prison Shuttle schedule: Mt McGregor, Washington, Grt Meadow CFs on Sat, Aug 1 ($35 adults, $25 children), Coxsackie, Greene, Hudson on BOTH Sat, Aug 8 & 15 ($20 adults, $15 children) leaving Oakwood Ave Presbyt. Church parking lot, Troy at 7 AM, then Albany Greyhound bus station at 7:15. Sullivan trip (Ulster, Eastern, Woodbourne, Sullivan) on Aug 22 leaving at 6:30 AM ($45 adults, $30 children). Reservations: Linda O'Malley 518- 273-5199.
Free door to door rides from the Capital District: The Justice Committee at the Unitarian Church has 3 volunteer drivers. If you have a loved one in prison and you have no other way of getting to see him or her, maybe we can help. Call us to find out: 518 253 7533
10. VOTING RIGHTS BILL WOULD RESTORE THE RIGHT TO VOTE IN FEDERAL ELECTIONS TO FORMERLY INCARCERATED PEOPLE. MEMBERS OF CONGRESS, LAW ENFORCEMENT, RELIGIOUS LEADERS, CIVIL RIGHTS ORGANIZATIONS AND THE FORMERLY INCARCERATED JOIN FORCES TO RESTORE THE RIGHT TO VOTE
Senator Russ Feingold from Wisconsin and Representative John Conyers from Michigan introduced the Democracy Restoration Act of 2009, a bill that seeks to restore voting rights in federal elections to nearly 4 million formerly incarcerated American citizens who are out of prison, living in the community.
The importance of having a voice in the community was described in the recent Brennan Center publication My First Vote, a compilation of stories from Americans who voted for the first time in November 2008 after having lost, and then regained, their voting rights after a conviction. According to a mother in California who is featured in the collection, "voting . . . is about the inspiration and hope people feel when they have a voice they can use to bring real change."
For more information please contact Jeanine Plant-Chirlin at 212-998-6289 or jeanine.plant-or Susan Lehman at 212-998-6318 or susan.lehman@nyu.edu.
[A copy of the ACLU/Brennan Center factsheet on the Democracy Restoration Act is available with request to PAN stating name of the document and issue of Building Bridges in which it was mentioned]
11. WRITING CONTEST: RESILIENCE MULTIMEDIA IS SPONSORING ITS SECOND WRITING CONTEST FOR PEOPLE WHO ARE OR WERE IN PRISON, AND THEIR LOVED ONES. THE BEST SUBMISSIONS WILL BE INCLUDED IN THE“THINK OUTSIDE THE CELL” BOOK SERIES, WHICH IS A REFLECTION OF PRISON ACTION NETWORK’S UPCOMING MEDIA CAMPAIGN TO PRESENT A FAIRER, MORE BALANCED IMAGE OF THE MEN, WOMEN AND FAMILIES IN THIS POPULATION. [Winners of the first contest are posted below.]
CONTEST DETAILS
STORY TOPICS:
1. Reentering society after incarceration
2. Waiting for loved ones to return home from prison
3. Prison marriages and relationships
THREE WINNERS FOR EACH TOPIC: 1st: $300; 2nd: $150; 3rd: $75
Stories that do not win cash prizes will still be eligible for inclusion in the series. Everyone whose work is published will receive a free copy of the book in which their story appears. Publication is tentatively set for early 2010.
GUIDELINES:
Stories may be up to 3,000 words, must be original and must be about events or situations that actually happened.
You may submit stories on more than one topic.
Stories should be typewritten or neatly handwritten.
Each page must include page number, name, contact information, story title.
Stories may be edited for clarity, punctuation, spelling, grammar. Resilience retains the rights to the stories to ensure the widest possible publicity and distribution.
Stories will not be returned.
ENTRIES MUST BE POSTMARKED BY OCT. 1, 2009. WINNERS WILL BE ANNOUNCED ON DEC. 1, 2009.
Email your story, indicating the topic, to: Resilience Multimedia
OR mail to: Resilience Multimedia, 511 Avenue of the Americas, Suite 525, New York, NY 10011
QUESTIONS? Email resiliencemultimedia@verizon.net, call 877-267-2303 or write to the above address.
2008 WINNERS (Note: The relatively high number of California winners may reflect that state’s ranking as the nation’s largest prison system.)
Reentering society after incarceration: 1st Place: Tion Terrell, Pound, VA. 2nd Place: Esther Morales Guzman, San Diego, CA . 3rd Place: Delores Mariano, Anaheim, CA
Waiting for loved ones to return home from prison: 1st Place: Lawrence J. Schulenberg, Council Bluffs, IA. 2nd Place: Kimberly Milberg, Roxbury, MA. 3rd Place: Zee Mink-Fuller, Burleson, TX
Prison marriages and relationships: 1st Place: Tanea Lunsford, San Francisco, CA. 2nd Place: Joel Williams, Ione, CA. 3rd Place:(tie) Daniel Skalla, Rockwell City, IA and Lise Porter, San Diego,
[Resilience Multimedia is the publisher of “Think Outside the Cell: An Entrepreneur’s Guide for the Incarcerated and Formerly Incarcerated”]
Building Bridges is the monthly newletter of the Prison Action Network.
For information on joining, please call 518 253 7533, or send us an email.
Friday, July 31, 2009
Monday, June 29, 2009
JULY 2009
Periodically during the month we post bulletins sent to us from members. You'll find the July Building Bridges immediately following the announcements. Thank you for joining us in our efforts to bring more justice into the world.
POSTED JULY 10, FROM PETER WAGNER OF PRISONERS OF THE CENSUS, EVENTS AND AN UPDATE:
New York City, Monday July 13: Peter Wagner will be speaking about prison-based
gerrymandering at a CLE Seminar during the NAACP Convention.
2:35pm Gramercy Suite, New York Hilton.
Philadelphia, Tuesday, July 21: Peter Wagner will be speaking about the legal and
technical issues involved in states changing how people in prison are
counted for redistricting purposes at the National Conference of
State Legislatures Legislative Summit.
1:15pm, Convention Center 112AB--Street.
* * *
NEWS UPDATES:
Last week I wrote about Wisconsin State Representative's Census
Correction Amendment at
www.prisonersofthecensus.org.
Shawn Johnson on Wisconsin Public Radio reported on the amendment,
and the Associated Press then produced a story that appeared in
papers across the state. You can listen to Wisconsin Public Radio's
report at:
clipcast.wpr.org:8080.
BUILDING BRIDGES, JULY 2009
Dear Reader,
We suffered a major setback this Spring, as you all know. I won’t even try to assess the damage done by some members of the Senate. The details change every day, but the tragedy goes on. Many important bills, including those we champion, will not get passed this year. We are apparently helpless to do anything about it, so let’s concentrate on what we can do.
Prison Action Network and the Coalition for Fair Criminal Justice Policies will continue to work hard to design a new parole policy that will emphasize evaluation and support rather than punishment and retribution. There are over 2300 men and women who have served their minimum sentences and are still in prison. Many of them because the Parole Board sees fit to punish them more severely than the judge who sentenced them thought necessary. We see no benefit in this. These people have served their time in prison; if they have grown and rehabilitated themselves we need them out here where they can work at our side to heal the community. This can only happen if we change the way we look at incarceration and parole. The whole criminal justice system needs remediating and that’s our ultimate goal, but these 2300 men and women should not have to wait that long for justice. We must all work together to free our family members and friends once they have demonstrated their community readiness. Therefore we are working on revising 259-i with an emphasis on evaluation and support, and a reduction, if not elimination, of punitive functions.
One way you can help with that is to make sure that everyone of those 2300 people fill out the questionnaire on pages 9 and 10, which was developed by Citizens Against Recidivism who will tabulate the results and share them with all of us who are working on parole reform.
Be well, have hope, and please, join us on the journey to justice.
In this Issue
1. Abuse of incarcerated youth
2. Actions you can take
3. ICARE Reports
4. Legislation
5. Lifers and longtermers clearinghouse
6. Parole news
7. Prison closures - what replaces them?
8. Prison media
9. Prisoners of the census
10. Transportation to prison
11. Citizens Against Recidivism questionnaire
1. ABUSE OF INCARCERATED YOUTH: AT A HEARING HELD IN JUNE “LISTENERS” WATCHED A THEATRE PERFORMANCE BY HIGH SCHOOL STUDENTS AND HEARD TESTIMONY FROM YOUNG PEOPLE, ADVOCATES, AND FAMILY MEMBERS.
On June 12th and 13th, the Urban Justice Center’s Mental Health Project, Riverside Church’s Prison Ministry, and the American Friends Service Committee organized a hearing on the abuse of incarcerated youth. Topics included physical, sexual, and mental abuse, solitary confinement and mental health, and re-entry and transformation of the system. Young people, advocates and family members testified on all of these topics. A highlight from the event was a theatre performance by high school students from New Jersey. The play, titled ‘Our Children’s House’, addressed young people’s experiences of being locked up and the many horrors involved. It was a powerful event, where many horrors were brought to light. The hearing will be followed by a report including recommendations from the listeners who participated.
Alexandra H. Smith, MSW, Soros Justice Fellow, Mental Health Project, Urban Justice Center 123 William Street, 16th Floor, New York, NY 10038 Tel: (646)-602-5683 Fax: (212) 533-4598
asmith@urbanjustice.org
2. ACTIONS: WHAT CAN YOU DO? HERE’S A LIST OF THINGS TO START WITH
BUFFALO:
Monday, July 27, 6:30pm - 8:30pm Prisoners Are People Too will meet at the Pratt-Willert Community Center, 422 Pratt Street in Buffalo. This meeting will open with a screening of the documentary film, “A Justice That Heals,” produced and directed by Jay Shefsky and Window to the World Communications: Chicago, Illinois, 2002. Although the term “restorative justice” is never used in the film, we see evidence of a form of justice that is truly “restorative” as two families, that of a murder victim and that of the perpetrator, have an opportunity to meet and share their stories, their feelings, and their loss. A tragic incident that could have divided the community, ultimately serves as a vehicle for bringing two families together.
Our guest speakers will be members of two local families who have journeyed a restorative path together, in the aftermath of a murder, seeking restoration and reconciliation.
PRP2 programs are sponsored by The Circle of Supporters for Reformed Offenders and Friends of BaBa Eng. For further information, contact Karima Amin: 716-834-8438; karima@prisonersarepeopletoo.org.
NEW YORK CITY
Thursday, July 2, 12 - 4 pm The Bronx Defenders will be hosting their annual Block Party, a great event with free fun, games, food and entertainment for children and their families. 160th Street between Melrose and Courtlandt Avenues. The Bronx Defenders is an organization of lawyers, social workers, investigators, community organizers, parent advocates, and support staff working to transform the role of public defender in the Bronx. For more information about the block party, please contact Lise Radhert at Liser@bronxdefenders.org
Saturday July 11, 10:30am - 1pm Coalition For Fair Criminal Justice Policies - NYC Chapter Meeting
The meeting will start sharply at 10:30 am. The Policy Committee will report on their June 20 meeting, and those who worked on the Media Campaign will report their results. We will take the first step in our Public Relations campaign to change the public perception of incarcerated and formerly incarcerated people and their families. Please bring a pen/pencil and paper.
Fortune Society Castle, 630 Riverside Drive, at 140th Street. City College/137th St. stop on the #1 train. [Please note the Fortune Society is not a sponsor of our events].
To help us plan please RSVP to prisonactionnetwork@gmail.com or call 518 253 7533.
Saturday July 18, 12 noon - 2 Joe Gonzalez's First Annual Reentry Walk-a-thon
For people who labor in the reentry industry in a salaried or volunteer capacity; a cost-free event where we will fellowship and renew ourselves and our commitments to a more just society while engaging in the healthy exercise of walking. Gather at the corner of West 59th Street and Central Park. We'll start walking north on Central Park West to West 110th Street, promptly at 12:30pm. This is all sidewalk except for four traffic stops that allow for roads in/out of Central Park. For those who can't make the whole distance, they are advised that the NYC subway runs north and south along this stretch of Central Park West about every seven blocks.
Questions should be e-mailed to Joe Gonzalez at reentryevents@aol.com
AT A COMPUTER
Today! Drug Policy Alliance has set up an action center where you can make your voice heard. Some New York Senate politicians are trying to stir up press attention by calling this April's hard-won reforms of the Rockefeller Drug Laws the "Drug Dealer Protection Act," and calling for repeals of critical aspects of the program. We can't afford to let their cynical opposition erode the progress we've made. Help us set the record straight: Let Albany know that a majority of New Yorkers support Rockefeller Reforms and want to keep them in place. Send a letter today.
SEND THE SURVEY AT THE END OF THIS LETTER TO SOMEONE YOU KNOW IN PRISON
Right now! Citizens Against Recidivism, Inc. want to consult with people in prison on the issues that affect them. Citizens is interested in the views on parole of those who are incarcerated. We believe we cannot make any argument about parole without their input. We want your help in reaching as many people in prison as possible. The brief survey will help us when we speak about this issue.
3. ICARE REPORTS WILL BE TAKING THE SUMMER OFF. LOOK FOR THE NEXT COLUMN IN THE SEPTEMBER ISSUE.
4. LEGISLATION: [Copies of all bills mentioned can be found at http://public.leginfo.state.ny.us/menuf.cgi]
UPDATES
Penal Law 803-B Six Month Credit Time Allowance:
Upon further investigation and the help of a reader, it now seems clear that only those with a determinate sentence will be denied the 6 month credit because they had good behavior time credit withheld.
Merit Time Bill S2932/A6487
Passed out of the Senate Crime Victims, Crime and Corrections Committee and was waiting to be put on the Calendar, when the Senate fell into total disarray. It did not get out of the Assembly Corrections Committee before the end of session, so it’s dead for this year. We’ll have to see if it’s reintroduced next session, or if yet another Merit Time Bill will be drafted in an attempt to satisfy more people.
Domestic Violence Merit Time Bill A4516-C/S3438-C
Passed in the Assembly after revision, was sent to the Senate, and you know about the Senate stalemate.
Adoption Policies Affecting Children of Incarcerated Parents A5462/S2233
Passed in the Assembly, sent to Senate, and.....
5. LIFERS AND LONGTERMERS CLEARINGHOUSE: THE BURNING QUESTION IS HOW WILL YOU LIVE YOUR LIFE WHETHER SERVING A PENAL SENTENCE, SURVIVING A SITUATION OF ABJECT HOMELESSNESS, OR DEALING WITH INCURABLE CANCER.
THE PRISONER'S PERSPECTIVE
Checking things out from a prisoner’s perspective is both enlightening and instructive. It is also emancipating in that it provides a point of view grounded in the experiences of the imprisoned rather than relying on the pronouncements of the controlling authorities.
A prisoner’s perspective begins with the realization that the situation that you find yourself in is not merely one concerning a prison sentence. That you are not just serving time, but more importantly that you are living your life and your sentence is merely an aspect of that life.
Your sentence, no matter how long, is only a feature or consideration of a life that will ultimately determine how you will serve that sentence. In other words it is your life not your sentence that should be the controlling factor. The burning question is how will you live your life whether serving a penal sentence, surviving a situation of abject homelessness, or dealing with incurable cancer.
How you live your life during imprisonment determines if you are doing a beneficial or painful bid. As I have taught over the years, a prisoner must construct a prison life. You alone must determine how you will live your life during the course of your sentence, not the authorities or anyone else. The decision about how we live our lives is always, knowingly or unconsciously, a deeply personal decision. The crucial question is "who is driving the car?"
Once you realize and accept that you are in charge, and then base your everyday decisions on living an intentional and meaningful life, the trials and tribulations of doing time diminish and serving your sentence becomes a challenge. And challenges are never good or bad, they are merely the tests of your will and your will is what drives your life!!!
Once you realize that serving time is all about living your life, rather than serving a sentence, then your perspective changes. You begin to understand that how you perceive and respond to your imprisonment has value and needs to be shared and articulated. But developing a perspective and articulating it requires a knowledge of the subject matter. It is not just a matter of opening your mouth and expressing a wild opinion.
In order to merit serious consideration, your perspective should be based upon studied facts, not emotional outbursts. Given your status as prisoner, your perspective should seek to not only improve your social standing, but also to inform others; and not only other prisoners but those in the free world as well. Because your perspective seeks to improve their condition, it must not only inform, but must also be instructive.
Instruction is most effective when it is exchanged. In next month's Building Bridges I'll be discussing in depth the perspective you need to articulate to community organizations providing correctional rehabilitation programs and service. -Larry White
6. PAROLE NEWS: ANDREA D. EVANS IS THE NEW HEAD OF PAROLE; PART 7 OF PAROLE HANDBOOK; MAY AND JUNE PAROLE STATISTICS; UPDATE ON GRAZIANO
NEW CHAIR CONFIRMED BY SENATE. On Monday, June 8, shortly before the Republicans threw the Senate into upheaval, Andrea D. Evans was confirmed by the NYS Senate as Chair of the Parole Board, and CEO of the Division of Parole. Prison Action Network congratulates her, and looks forward to working with her to make NYS a leader in reintegrative justice based parole practices.
PART 7 ON PAROLE AND PAROLE BOARD ACTIVITIES IN STATE CORRECTIONAL FACILITIES
[available online at http://parole.state.ny.us/Handbook.pdf]
What is the purpose of the initial parole board appearance?
Upon serving the minimum term of an indeterminate sentence, you are automatically scheduled to make an initial Parole Board appearance. This is your first opportunity to be considered for discretionary release by the Parole Board. It is at this appearance that the Board examines your institutional adjustment, including your disciplinary record and earned eligibility status. The Board also reviews your criminal history and other factors required by law to determine whether release should be granted. Shock Incarceration participants usually do not have a personal appearance before the Parole Board, but are considered for release by the Board before completing the program.
Who will be present at the parole board interview?
Release interviews are conducted by a panel of two or three members of the Parole Board; facility Parole staff and a hearing reporter will also be present. The hearing reporter will record what is said during the interview.
May I appear before the parole board for a release interview with an attorney?
No. Counsel may not be present at such interviews.
What is temporary release? what is parole’s role in temporary release?
Temporary Release is a program under the jurisdiction of the Department of Correctional Services, which authorizes your temporary release from a correctional facility into the community for specific purposes. Every correctional facility has a Temporary Release Committee to screen and process applications from eligible inmates for program participation. A Parole Officer will supervise you in the community if you are approved for temporary release. Details about Temporary Release Program eligibility requirements and application procedures are available from DOCS staff at the facility where you are confined.
What is shock incarceration and how does it affect parole eligibility?
Shock Incarceration is a program under the jurisdiction of the Department of Correctional Services in which selected, eligible inmates participate in a structured six-month program at a Shock Incarceration facility. Generally, participants who successfully complete the program are issued a Certificate of Earned Eligibility and are eligible for parole release consideration prior to completing their court-imposed minimum sentence.
MAY 2009 PAROLE BOARD RELEASES – A1 VIOLENT FELONS – unofficial research from parole database
Total Interviews /# Released /# Denied /Rate of Release
9 initials / 0 /9 /0%
60 reappearances /11 (1 female) /49 /18%
69 total /11 /58 /16%
Initial Releases None
Reappearances
Facility /Sentence /Offense /# of Board /Eligibility Date
Cayuga /13 2/3-Life /Murder 2 /4th /9/10/03
Clinton /1 ?- Life** /Murder 2 /???** /3/25/08**
Gouverneur /25-Life /Murder 2 /5th /9/13/01
Mid Orange /15-Life /Murder 2 /6th /9/20/99
Mid Orange /15-Life /Murder 2 /7th /4/12/98*
Mohawk /20-Life /Murder 2 /4th /9/18/03
Oneida /18-Life /Murder 2 /4th /1/25/03
Otisville /7-Life /Murder 2 /5th /9/26/01
Otisville /20-Life /Murder 2 /4th or 5th /10/27/03*
Taconic /15-life /Murder 2 /2nd /10/19/08*
Wallkill /20-Life /Murder 2 /5th /9/30/01
*Special Consideration Hearings
**Sentence not our typo, parole eligibility date not a typo
MAY RELEASES FROM PRISON REPORTS. (Please note that the following statistics are not all limited to people convicted of A1 Violent felonies - some include all parole hearings):
MID-ORANGE
June 16 - Ludlow, Elovich
25 appearances (13 A1VO)
6 were paroled (3 A1VO; 1 non viol. at de novo; 1 persistent Lifer on 6th board; 1 violent on 1st board)
2 postponements
1 refused to appear
SULLIVAN ANNEX
June - Casey, Smith, ?? (Grant maybe?-see below)
5 appearances
All were paroled: 4 non-v, (1 merit, 1 presumptive, 1 initial, 1 on 2nd board) 1 viol., (on 4th board),
WOODBOURNE
June - Grant, Casey, Smith
21 appearances:
8 were granted parole (4 A1VO; 20-life on 2nd board, 15-life on 2nd board, 18-life on first, 25-life on first.
5 postponed
A1VO: 7 seen, 4 granted, 2 denied, 1 postponed
GRAZIANO VS PATAKI: The lawyers for Graziano submitted written questions to Pataki; his responses are not due for another 3 weeks or so.
7. PRISON CLOSURES: IMAGINE A WORLD WITHOUT PRISONS, AND YOU HAVE…WHAT ELSE? THE DEPARTMENT OF CORRECTIONAL SERVICES HAS TO COME UP WITH RE-USE PLANS FOR THREE FACILITIES BY OCTOBER 1, 2009
by Lauren Melodia
For the first time in recent history, New York State is decommissioning some of its prisons. The impetus for the prison closures is not because the State finally realized that prisons don’t work, but because of a state fiscal crisis and a shift in State Senate politics this year. But the closure of Camp Pharsalia, Camp Gabriels and Mt. McGregor Camp give us an exciting opportunity to come up with other ways those spaces can be used. How can those facilities or the counties in which they are housed be used so that they don’t have to be reopened and so prisons are no longer an economic answer to a rural economy’s needs?
Who do you think will come up with a re-use plan that is best for families and a sustainable and just economy? The government? Or you? Residents of these counties, people in prison, and prison families know what is best for these communities. Let’s be creative and come up with some solutions that build a healthy economy and good jobs that don’t depend on keeping people in cages.
People in prison and residents of upstate New York! People in prison and residents of Chenango, Saratoga and Franklin counties! Prison families! Think about the prison where you are incarcerated, where you visit your loved ones, where you live. What else could that space be used for? What was there before the prison? What are the strengths of the county and town where that prison is now and how can that prison facility be used in another way that is economically viable for the area?
Please send your ideas in words and/or pictures and/or drawings to Lauren Melodia at laurenmelodia@yahoo.com or by mail to Lauren Melodia c/o Karen Jones, Center for Community Alternatives, 115 East Jefferson Street Suite 300, Syracuse, NY 13202. Send your ideas and help start a critical, statewide discussion on rural prison economies this year.
Lauren Melodia is a 2009 Soros Justice Fellow who will be working with community members in rural “prison towns” to re-imagine their local economies. Melodia’s project involves a collaborative effort to help these rural areas develop sustainable models for growth that do not depend on keeping people in cages.
8. PRISON MEDIA: RADIO - AL LEWIS LIVES, FANCY BROCCOLI, SOUL SPECTRUM WITH LIBERTY GREEN; PRO SE REPORT; STILL HERE HARLEM [Video] PRODUCTIONS PROFILES POLITICAL CANDIDATES, IS LOOKING FOR ADDITIONAL STAFF; ‘THE VISITORS’ VISITS PRISONS
WHERE'S KAREN LEWIS?
We haven't been able to contact Karen, host of Al Lewis Lives, in months. Past phone numbers are out of service. Emails are not delivered, and we received no response when we asked the station manager at WBAI. Does anyone know what has happened to Karen Lewis, host of Al Lewis Lives? Please let us know. [prisonactionnetwork@gmail.com] We hope she is ok.
FANCY BROCCOLI RADIO SHOW, WVKR 91.3 FM - Sundays - Jazz & Prison Talk, 3:00-6:00 pm
Box 726, Vassar College, Poughkeepsie NY 12604-0726
Fancy Broccoli streams online - go to www.WVKR.org and click on (or near) the word 'LISTEN'.
Visit archives to find lots of other good interviews.
SOUL SPECTRUM WITH LIBERTY GREEN, WJFF Radio Catskill 90.5FM - Thursday evening from 10pm to 1:30am. [www.wjffradio.org] PO Box 546, Jeffersonville, NY 12748 Voice Box Call-in Comment Line: 845 431 6500 Email:libertygreen@citlink.net
PRO SE REPORT, THE LATEST (SPRING 2009) ISSUE, published by Prisoners Legal News contains the following articles:
A Win in the Supreme Court
Resentencing for Certain Class B Drug Offenders
Medical Parole Expanded
Questions about Time Served on Illegal Post-Release Supervision
Pro Se is published four times a year. Pro Se accepts individual subscription requests. With a subscription, a copy of Pro Se will be delivered directly to you via the facility correspondence program. To subscribe, send a subscription request with your name, DIN number, and facility to Pro Se, 114 Prospect Street, Ithaca, NY 14850.
Pro Se Wants to Hear From You! Pro Se wants your opinion. Send your comments, questions, or suggestions about the contents of Pro Se to Pro Se, 41 State Street, Suite M112, Albany, NY 12207. Do not send requests for legal representation to Pro Se.
Pro Se On-Line: Inmates who have been released, and/or families of inmates, can read Pro Se on the PLS website at: www.plsny.org.
STILL HERE HARLEM PRODUCTIONS - [www.allthingsharlem.com]
We’ve started a series of profiles of candidates running for political office in the Harlem community. Chuck Berkely, from 100 Blacks in Law Enforcement and Landon Dais have been covered so far. We take no position pro or con on the candidates. We leave that to the community members. You can read an article about us in The National, a middle eastern paper out of Abu Dhabi.
While we are growing in our connectivity to the community we continue to be short on staff, both administrative and technical. If you have skills in journalism, administrative skills, marketing and promotion, and the technical skills needed for video production please contact Joseph Jazz Hayden, "Still Here" Harlem Productions Inc.at jazz@allthingsharlem.com. We need your help.
New videos are available on our website [www.allthingsharlem.com] covering the shooting of Omar Edwards, Charles Barron, Charlie Rangel, Al Sharpton, the Party For Socialism and Liberation Conference, Frances Villar, candidate for Mayor of New York and others.
THE VISITORS, COMING TO A PRISON NEAR YOU (MAYBE): A NOTE FROM THE FILMMAKER
We were at Arthur Kill Correctional Facility with Denise [main character in the film]. We screened the film to Lifers and Longtimers. It was a great experience as they loved the film. Some of them were in tears. We received great feedback and comments.
The counselors who arranged the screening where also very supportive of the film. Our next goal is to reach out to other prisons. We welcome invitations from any facilities. Melis Birder, 347-272-3097, melisbirder@yahoo.com.
9. PRISONERS OF THE CENSUS: CALLS FOR THE COMMISSIONER OF THE MAINE DEPARTMENT OF EDUCATION TO DECLARE PRISON-BASED GERRYMANDERING A VIOLATION OF THE PRINCIPLES OF ONE PERSON ONE VOTE
In January, I released a report, Phantom Constituents in Maine's Regional School Unit 13: How the Census Bureau's Outdated Method of Counting Prisoners Harms Democracy, which identified how the town of Thomaston, Maine, is able to use Census counts of a closed prison to exercise undue influence over a school board.
Each town is given a number of votes in proportion to its population, but because the board used Census Bureau counts that included the now-closed Maine State Prison, they unintentionally gave Thomaston more votes than its population was entitled to. (Unlike the Census Bureau, Maine state law says that incarcerated people remain residents of their home, not prison, addresses.)
Earlier, the Commissioner's office told the board that the impact of the prison was too small to matter, so our letter reviews the relevant legal precedent and the appropriate way to calculate vote dilution. We found that crediting the prison to Thomaston results in inflating the weight of a vote in that town by almost 9%, which is significantly more than the 5% allowed by Supreme Court decisions. When compared against the weight of a vote in the other towns, the distortion is also larger than the maximum deviation allowed by controlling precedents.
Some members of the school board want to reject the flawed census counts and update their voting system without regard to the prison population. If successful, each resident of the school district would have an equal say over the education of their children.
But before proceeding with changes, state law requires the Commissioner of the Maine Department of Education to declare the current voting system in violation of the principles of one person one vote. The Commissioner has not yet responded to our letter.
The Prison Policy Initiative depends on the support of the people who receive this newsletter. If you can help support our work with a tax-deductible contributions via Network for Good or via a paper check sent to this address, please do so today.
Peter Wagner
Prison Policy Initiative
PO Box 127 Northampton, MA 01061
10. TRANSPORTATION: CAPITAL DISTRICT
NEST Prison Shuttle schedule: Mt McGregor, Washington, Grt Meadow CFs on Sat, Jul 4 ($35 adults, $25 children), Coxsackie, Greene, Hudson on BOTH Sat, Jul 11 & 18 ($20 adults, $15 children) leaving Oakwood Ave Presbyt. Church parking lot, Troy at 7 AM, then Albany Greyhound bus station at 7:15. Sullivan trip (Ulster, Eastern, Woodbourne, Sullivan) on Jul 25 leaving at 6:30 AM ($45 adults, $30 children). Reservations: Linda O'Malley 518- 273-5199.
Free door to door rides from the Capital District: The Justice Committee at the Unitarian Church has 3 volunteer drivers. If you have a loved one in prison and you have no other way of getting to see him or her, maybe we can help. Call us to find out: 518 253 7533
BUILDING BRIDGES IS A JOINT EFFORT OF PRISON ACTION NETWORK AND THE JUSTICE COMMITTEE AT FUUSA
PLEASE SEND YOUR ANNOUNCEMENTS FOR PUBLICATION TO PRISONACTIONNETWORK@GMAIL.COM
OUR PHONE # IS 518 253 7533
Membership dues are $12/yr. Please send check made out to PAN, at PO Box 6355, Albany NY 12206
11. THE QUESTIONNAIRE:
Citizens Against Recidivism, Inc.
We at Citizens Against Recidivism, Inc. feel that we must find more ways to consult with people in prison on the issues that affect them. We firmly believe that we cannot represent their issues if we do not consult with them. We want your help in reaching as many people in prison as possible. We have developed a brief survey that will help us when we speak about this issue. Please ask those you know who are in prison to complete the questionnaire and return it to Citizens Against Recidivism, Inc. Box 9 – Lincolnton Station, New York, New York, 10037. We will report and share our findings with all.
Which of the following do you believe will result in your earliest release from prison?
(Circle only one response)
Win on appeal
Clemency or pardon
Release at first board
Release at later board
Release before conditional release (C.R.) date
Conditional release
I have a determinate sentence and will do 85% of my sentence
I am going to max out
In your effort to get released, how important do you believe doing the following things are?
Please rate your response: 1 Very unimportant; 2 Unimportant; 3 Important; or 4 Very important
Working on an appeal [ ]
Seeing a psychologist [ ]
Taking part in an Alcohol Substance or Abuse Treatment Program (ASAT) [ ]
Taking part in an Alternative to Violence Program (AVP) [ ]
Taking part in Alcohol Anonymous (AA) [ ]
Getting a high school equivalence diploma (GED) [ ]
Getting a college degree [ ]
Learning a vocational skill [ ]
Maintaining a good assignment record [ ]
Maintaining a good disciplinary record [ ]
Getting important people to help you [ ]
Transitional Services Program [ ]
Taking part in a Network/Therapeutic Community [ ]
Circle the item below which you think is the most important. (choose only one response)
Working on an appeal
Seeing a psychologist
Taking part in an Alcohol Substance or Abuse Treatment Program (ASAT)
Taking part in an Alternative to Violence Program (AVP)
Taking part in Alcohol Anonymous (AA)
Getting a high school equivalence diploma (GED)
Getting a college degree
Learning a vocational skill
Maintaining a good assignment record
Maintaining a good disciplinary record
Getting important people to help you
Transitional Services Program
Taking part in a Network/Therapeutic Community
How much time do you spend engaged in the following activities because you think it might expedite your release.
Please rate your response: 1 None 2 Little 3 Some 4 A lot
Working on an appeal [ ]
Seeing a psychologist [ ]
Taking part in an Alcohol Substance or Abuse Treatment Program (ASAT) [ ]
Taking part in an Alternative to Violence Program (AVP) [ ]
Taking part in Alcohol Anonymous (AA) [ ]
Getting a high school equivalence diploma (GED) [ ]
Getting a college degree [ ]
Learning a vocational skill [ ]
Maintaining a good assignment record [ ]
Maintaining a good disciplinary record [ ]
Getting important people to help you [ ]
Transitional Services Program [ ]
Taking part in a Network/Therapeutic Community [ ]
How close do the statements listed below come to expressing your personal reasons for involvement in these activities?
Please rate your response: 1 Very untrue 2 Somewhat untrue 3 Somewhat true 4 Very true
Will provide me with the skills I need to stay out of prison [ ]
Help me to keep busy and not think about when I am going home [ ]
Allow me to maintain come personal control over my situation [ ]
Are things I do to impress the parole board [ ]
These activities will help me to improve myself [ ]
Some people have suggested experimenting with contracts between prisoners and the parole board. At the beginning of a sentence, the prisoner would negotiate the things he needs to do to ensure his release after a specific period of time or possibly accelerate the release date. Some states (like New York) use determinate or flat sentencing for certain offenders. In those situations, the judge sentences the prisoner to a specific period of time without the possibility of parole. His release date is fixed.
Do you prefer to (circle one answer only)
Leave things as they presently are
Be able to negotiate a contract
Have a determinate or flat sentence
Don't care one way or another
Please indicate how closely the following statements describe the reason why you chose the above option.
Please rate your response: 1. Not close at all 2 Not very close 3 Somewhat close or 4 Very close
It would lessen the stress and anxiety of not knowing when I might be released [ ]
It would provide the personal control I need to obtain the earliest possible release [ ]
It would eliminate the games I must play to gain a favorable decision from the parole board [ ]
Tell us just a little about yourself:
Age ___________
How much time have you spent in prison on the present sentence ____________
How many more years do you have to do before seeing your next parole board ____________
If you have been in prison before, how much time have you spent in prison on this and other sentences? _________
Race: [ ] Black [ ] white [ ] Latino [ ] other_____________
Please return survey to: Citizens Against Recidivism, Inc. Box 9 – Lincolnton Station, New York, New York, 10037
POSTED JULY 10, FROM PETER WAGNER OF PRISONERS OF THE CENSUS, EVENTS AND AN UPDATE:
New York City, Monday July 13: Peter Wagner will be speaking about prison-based
gerrymandering at a CLE Seminar during the NAACP Convention.
2:35pm Gramercy Suite, New York Hilton.
Philadelphia, Tuesday, July 21: Peter Wagner will be speaking about the legal and
technical issues involved in states changing how people in prison are
counted for redistricting purposes at the National Conference of
State Legislatures Legislative Summit.
1:15pm, Convention Center 112AB--Street.
* * *
NEWS UPDATES:
Last week I wrote about Wisconsin State Representative's Census
Correction Amendment at
www.prisonersofthecensus.org.
Shawn Johnson on Wisconsin Public Radio reported on the amendment,
and the Associated Press then produced a story that appeared in
papers across the state. You can listen to Wisconsin Public Radio's
report at:
clipcast.wpr.org:8080.
BUILDING BRIDGES, JULY 2009
Dear Reader,
We suffered a major setback this Spring, as you all know. I won’t even try to assess the damage done by some members of the Senate. The details change every day, but the tragedy goes on. Many important bills, including those we champion, will not get passed this year. We are apparently helpless to do anything about it, so let’s concentrate on what we can do.
Prison Action Network and the Coalition for Fair Criminal Justice Policies will continue to work hard to design a new parole policy that will emphasize evaluation and support rather than punishment and retribution. There are over 2300 men and women who have served their minimum sentences and are still in prison. Many of them because the Parole Board sees fit to punish them more severely than the judge who sentenced them thought necessary. We see no benefit in this. These people have served their time in prison; if they have grown and rehabilitated themselves we need them out here where they can work at our side to heal the community. This can only happen if we change the way we look at incarceration and parole. The whole criminal justice system needs remediating and that’s our ultimate goal, but these 2300 men and women should not have to wait that long for justice. We must all work together to free our family members and friends once they have demonstrated their community readiness. Therefore we are working on revising 259-i with an emphasis on evaluation and support, and a reduction, if not elimination, of punitive functions.
One way you can help with that is to make sure that everyone of those 2300 people fill out the questionnaire on pages 9 and 10, which was developed by Citizens Against Recidivism who will tabulate the results and share them with all of us who are working on parole reform.
Be well, have hope, and please, join us on the journey to justice.
In this Issue
1. Abuse of incarcerated youth
2. Actions you can take
3. ICARE Reports
4. Legislation
5. Lifers and longtermers clearinghouse
6. Parole news
7. Prison closures - what replaces them?
8. Prison media
9. Prisoners of the census
10. Transportation to prison
11. Citizens Against Recidivism questionnaire
1. ABUSE OF INCARCERATED YOUTH: AT A HEARING HELD IN JUNE “LISTENERS” WATCHED A THEATRE PERFORMANCE BY HIGH SCHOOL STUDENTS AND HEARD TESTIMONY FROM YOUNG PEOPLE, ADVOCATES, AND FAMILY MEMBERS.
On June 12th and 13th, the Urban Justice Center’s Mental Health Project, Riverside Church’s Prison Ministry, and the American Friends Service Committee organized a hearing on the abuse of incarcerated youth. Topics included physical, sexual, and mental abuse, solitary confinement and mental health, and re-entry and transformation of the system. Young people, advocates and family members testified on all of these topics. A highlight from the event was a theatre performance by high school students from New Jersey. The play, titled ‘Our Children’s House’, addressed young people’s experiences of being locked up and the many horrors involved. It was a powerful event, where many horrors were brought to light. The hearing will be followed by a report including recommendations from the listeners who participated.
Alexandra H. Smith, MSW, Soros Justice Fellow, Mental Health Project, Urban Justice Center 123 William Street, 16th Floor, New York, NY 10038 Tel: (646)-602-5683 Fax: (212) 533-4598
asmith@urbanjustice.org
2. ACTIONS: WHAT CAN YOU DO? HERE’S A LIST OF THINGS TO START WITH
BUFFALO:
Monday, July 27, 6:30pm - 8:30pm Prisoners Are People Too will meet at the Pratt-Willert Community Center, 422 Pratt Street in Buffalo. This meeting will open with a screening of the documentary film, “A Justice That Heals,” produced and directed by Jay Shefsky and Window to the World Communications: Chicago, Illinois, 2002. Although the term “restorative justice” is never used in the film, we see evidence of a form of justice that is truly “restorative” as two families, that of a murder victim and that of the perpetrator, have an opportunity to meet and share their stories, their feelings, and their loss. A tragic incident that could have divided the community, ultimately serves as a vehicle for bringing two families together.
Our guest speakers will be members of two local families who have journeyed a restorative path together, in the aftermath of a murder, seeking restoration and reconciliation.
PRP2 programs are sponsored by The Circle of Supporters for Reformed Offenders and Friends of BaBa Eng. For further information, contact Karima Amin: 716-834-8438; karima@prisonersarepeopletoo.org.
NEW YORK CITY
Thursday, July 2, 12 - 4 pm The Bronx Defenders will be hosting their annual Block Party, a great event with free fun, games, food and entertainment for children and their families. 160th Street between Melrose and Courtlandt Avenues. The Bronx Defenders is an organization of lawyers, social workers, investigators, community organizers, parent advocates, and support staff working to transform the role of public defender in the Bronx. For more information about the block party, please contact Lise Radhert at Liser@bronxdefenders.org
Saturday July 11, 10:30am - 1pm Coalition For Fair Criminal Justice Policies - NYC Chapter Meeting
The meeting will start sharply at 10:30 am. The Policy Committee will report on their June 20 meeting, and those who worked on the Media Campaign will report their results. We will take the first step in our Public Relations campaign to change the public perception of incarcerated and formerly incarcerated people and their families. Please bring a pen/pencil and paper.
Fortune Society Castle, 630 Riverside Drive, at 140th Street. City College/137th St. stop on the #1 train. [Please note the Fortune Society is not a sponsor of our events].
To help us plan please RSVP to prisonactionnetwork@gmail.com or call 518 253 7533.
Saturday July 18, 12 noon - 2 Joe Gonzalez's First Annual Reentry Walk-a-thon
For people who labor in the reentry industry in a salaried or volunteer capacity; a cost-free event where we will fellowship and renew ourselves and our commitments to a more just society while engaging in the healthy exercise of walking. Gather at the corner of West 59th Street and Central Park. We'll start walking north on Central Park West to West 110th Street, promptly at 12:30pm. This is all sidewalk except for four traffic stops that allow for roads in/out of Central Park. For those who can't make the whole distance, they are advised that the NYC subway runs north and south along this stretch of Central Park West about every seven blocks.
Questions should be e-mailed to Joe Gonzalez at reentryevents@aol.com
AT A COMPUTER
Today! Drug Policy Alliance has set up an action center where you can make your voice heard. Some New York Senate politicians are trying to stir up press attention by calling this April's hard-won reforms of the Rockefeller Drug Laws the "Drug Dealer Protection Act," and calling for repeals of critical aspects of the program. We can't afford to let their cynical opposition erode the progress we've made. Help us set the record straight: Let Albany know that a majority of New Yorkers support Rockefeller Reforms and want to keep them in place. Send a letter today.
SEND THE SURVEY AT THE END OF THIS LETTER TO SOMEONE YOU KNOW IN PRISON
Right now! Citizens Against Recidivism, Inc. want to consult with people in prison on the issues that affect them. Citizens is interested in the views on parole of those who are incarcerated. We believe we cannot make any argument about parole without their input. We want your help in reaching as many people in prison as possible. The brief survey will help us when we speak about this issue.
3. ICARE REPORTS WILL BE TAKING THE SUMMER OFF. LOOK FOR THE NEXT COLUMN IN THE SEPTEMBER ISSUE.
4. LEGISLATION: [Copies of all bills mentioned can be found at http://public.leginfo.state.ny.us/menuf.cgi]
UPDATES
Penal Law 803-B Six Month Credit Time Allowance:
Upon further investigation and the help of a reader, it now seems clear that only those with a determinate sentence will be denied the 6 month credit because they had good behavior time credit withheld.
Merit Time Bill S2932/A6487
Passed out of the Senate Crime Victims, Crime and Corrections Committee and was waiting to be put on the Calendar, when the Senate fell into total disarray. It did not get out of the Assembly Corrections Committee before the end of session, so it’s dead for this year. We’ll have to see if it’s reintroduced next session, or if yet another Merit Time Bill will be drafted in an attempt to satisfy more people.
Domestic Violence Merit Time Bill A4516-C/S3438-C
Passed in the Assembly after revision, was sent to the Senate, and you know about the Senate stalemate.
Adoption Policies Affecting Children of Incarcerated Parents A5462/S2233
Passed in the Assembly, sent to Senate, and.....
5. LIFERS AND LONGTERMERS CLEARINGHOUSE: THE BURNING QUESTION IS HOW WILL YOU LIVE YOUR LIFE WHETHER SERVING A PENAL SENTENCE, SURVIVING A SITUATION OF ABJECT HOMELESSNESS, OR DEALING WITH INCURABLE CANCER.
THE PRISONER'S PERSPECTIVE
Checking things out from a prisoner’s perspective is both enlightening and instructive. It is also emancipating in that it provides a point of view grounded in the experiences of the imprisoned rather than relying on the pronouncements of the controlling authorities.
A prisoner’s perspective begins with the realization that the situation that you find yourself in is not merely one concerning a prison sentence. That you are not just serving time, but more importantly that you are living your life and your sentence is merely an aspect of that life.
Your sentence, no matter how long, is only a feature or consideration of a life that will ultimately determine how you will serve that sentence. In other words it is your life not your sentence that should be the controlling factor. The burning question is how will you live your life whether serving a penal sentence, surviving a situation of abject homelessness, or dealing with incurable cancer.
How you live your life during imprisonment determines if you are doing a beneficial or painful bid. As I have taught over the years, a prisoner must construct a prison life. You alone must determine how you will live your life during the course of your sentence, not the authorities or anyone else. The decision about how we live our lives is always, knowingly or unconsciously, a deeply personal decision. The crucial question is "who is driving the car?"
Once you realize and accept that you are in charge, and then base your everyday decisions on living an intentional and meaningful life, the trials and tribulations of doing time diminish and serving your sentence becomes a challenge. And challenges are never good or bad, they are merely the tests of your will and your will is what drives your life!!!
Once you realize that serving time is all about living your life, rather than serving a sentence, then your perspective changes. You begin to understand that how you perceive and respond to your imprisonment has value and needs to be shared and articulated. But developing a perspective and articulating it requires a knowledge of the subject matter. It is not just a matter of opening your mouth and expressing a wild opinion.
In order to merit serious consideration, your perspective should be based upon studied facts, not emotional outbursts. Given your status as prisoner, your perspective should seek to not only improve your social standing, but also to inform others; and not only other prisoners but those in the free world as well. Because your perspective seeks to improve their condition, it must not only inform, but must also be instructive.
Instruction is most effective when it is exchanged. In next month's Building Bridges I'll be discussing in depth the perspective you need to articulate to community organizations providing correctional rehabilitation programs and service. -Larry White
6. PAROLE NEWS: ANDREA D. EVANS IS THE NEW HEAD OF PAROLE; PART 7 OF PAROLE HANDBOOK; MAY AND JUNE PAROLE STATISTICS; UPDATE ON GRAZIANO
NEW CHAIR CONFIRMED BY SENATE. On Monday, June 8, shortly before the Republicans threw the Senate into upheaval, Andrea D. Evans was confirmed by the NYS Senate as Chair of the Parole Board, and CEO of the Division of Parole. Prison Action Network congratulates her, and looks forward to working with her to make NYS a leader in reintegrative justice based parole practices.
PART 7 ON PAROLE AND PAROLE BOARD ACTIVITIES IN STATE CORRECTIONAL FACILITIES
[available online at http://parole.state.ny.us/Handbook.pdf]
What is the purpose of the initial parole board appearance?
Upon serving the minimum term of an indeterminate sentence, you are automatically scheduled to make an initial Parole Board appearance. This is your first opportunity to be considered for discretionary release by the Parole Board. It is at this appearance that the Board examines your institutional adjustment, including your disciplinary record and earned eligibility status. The Board also reviews your criminal history and other factors required by law to determine whether release should be granted. Shock Incarceration participants usually do not have a personal appearance before the Parole Board, but are considered for release by the Board before completing the program.
Who will be present at the parole board interview?
Release interviews are conducted by a panel of two or three members of the Parole Board; facility Parole staff and a hearing reporter will also be present. The hearing reporter will record what is said during the interview.
May I appear before the parole board for a release interview with an attorney?
No. Counsel may not be present at such interviews.
What is temporary release? what is parole’s role in temporary release?
Temporary Release is a program under the jurisdiction of the Department of Correctional Services, which authorizes your temporary release from a correctional facility into the community for specific purposes. Every correctional facility has a Temporary Release Committee to screen and process applications from eligible inmates for program participation. A Parole Officer will supervise you in the community if you are approved for temporary release. Details about Temporary Release Program eligibility requirements and application procedures are available from DOCS staff at the facility where you are confined.
What is shock incarceration and how does it affect parole eligibility?
Shock Incarceration is a program under the jurisdiction of the Department of Correctional Services in which selected, eligible inmates participate in a structured six-month program at a Shock Incarceration facility. Generally, participants who successfully complete the program are issued a Certificate of Earned Eligibility and are eligible for parole release consideration prior to completing their court-imposed minimum sentence.
MAY 2009 PAROLE BOARD RELEASES – A1 VIOLENT FELONS – unofficial research from parole database
Total Interviews /# Released /# Denied /Rate of Release
9 initials / 0 /9 /0%
60 reappearances /11 (1 female) /49 /18%
69 total /11 /58 /16%
Initial Releases None
Reappearances
Facility /Sentence /Offense /# of Board /Eligibility Date
Cayuga /13 2/3-Life /Murder 2 /4th /9/10/03
Clinton /1 ?- Life** /Murder 2 /???** /3/25/08**
Gouverneur /25-Life /Murder 2 /5th /9/13/01
Mid Orange /15-Life /Murder 2 /6th /9/20/99
Mid Orange /15-Life /Murder 2 /7th /4/12/98*
Mohawk /20-Life /Murder 2 /4th /9/18/03
Oneida /18-Life /Murder 2 /4th /1/25/03
Otisville /7-Life /Murder 2 /5th /9/26/01
Otisville /20-Life /Murder 2 /4th or 5th /10/27/03*
Taconic /15-life /Murder 2 /2nd /10/19/08*
Wallkill /20-Life /Murder 2 /5th /9/30/01
*Special Consideration Hearings
**Sentence not our typo, parole eligibility date not a typo
MAY RELEASES FROM PRISON REPORTS. (Please note that the following statistics are not all limited to people convicted of A1 Violent felonies - some include all parole hearings):
MID-ORANGE
June 16 - Ludlow, Elovich
25 appearances (13 A1VO)
6 were paroled (3 A1VO; 1 non viol. at de novo; 1 persistent Lifer on 6th board; 1 violent on 1st board)
2 postponements
1 refused to appear
SULLIVAN ANNEX
June - Casey, Smith, ?? (Grant maybe?-see below)
5 appearances
All were paroled: 4 non-v, (1 merit, 1 presumptive, 1 initial, 1 on 2nd board) 1 viol., (on 4th board),
WOODBOURNE
June - Grant, Casey, Smith
21 appearances:
8 were granted parole (4 A1VO; 20-life on 2nd board, 15-life on 2nd board, 18-life on first, 25-life on first.
5 postponed
A1VO: 7 seen, 4 granted, 2 denied, 1 postponed
GRAZIANO VS PATAKI: The lawyers for Graziano submitted written questions to Pataki; his responses are not due for another 3 weeks or so.
7. PRISON CLOSURES: IMAGINE A WORLD WITHOUT PRISONS, AND YOU HAVE…WHAT ELSE? THE DEPARTMENT OF CORRECTIONAL SERVICES HAS TO COME UP WITH RE-USE PLANS FOR THREE FACILITIES BY OCTOBER 1, 2009
by Lauren Melodia
For the first time in recent history, New York State is decommissioning some of its prisons. The impetus for the prison closures is not because the State finally realized that prisons don’t work, but because of a state fiscal crisis and a shift in State Senate politics this year. But the closure of Camp Pharsalia, Camp Gabriels and Mt. McGregor Camp give us an exciting opportunity to come up with other ways those spaces can be used. How can those facilities or the counties in which they are housed be used so that they don’t have to be reopened and so prisons are no longer an economic answer to a rural economy’s needs?
Who do you think will come up with a re-use plan that is best for families and a sustainable and just economy? The government? Or you? Residents of these counties, people in prison, and prison families know what is best for these communities. Let’s be creative and come up with some solutions that build a healthy economy and good jobs that don’t depend on keeping people in cages.
People in prison and residents of upstate New York! People in prison and residents of Chenango, Saratoga and Franklin counties! Prison families! Think about the prison where you are incarcerated, where you visit your loved ones, where you live. What else could that space be used for? What was there before the prison? What are the strengths of the county and town where that prison is now and how can that prison facility be used in another way that is economically viable for the area?
Please send your ideas in words and/or pictures and/or drawings to Lauren Melodia at laurenmelodia@yahoo.com or by mail to Lauren Melodia c/o Karen Jones, Center for Community Alternatives, 115 East Jefferson Street Suite 300, Syracuse, NY 13202. Send your ideas and help start a critical, statewide discussion on rural prison economies this year.
Lauren Melodia is a 2009 Soros Justice Fellow who will be working with community members in rural “prison towns” to re-imagine their local economies. Melodia’s project involves a collaborative effort to help these rural areas develop sustainable models for growth that do not depend on keeping people in cages.
8. PRISON MEDIA: RADIO - AL LEWIS LIVES, FANCY BROCCOLI, SOUL SPECTRUM WITH LIBERTY GREEN; PRO SE REPORT; STILL HERE HARLEM [Video] PRODUCTIONS PROFILES POLITICAL CANDIDATES, IS LOOKING FOR ADDITIONAL STAFF; ‘THE VISITORS’ VISITS PRISONS
WHERE'S KAREN LEWIS?
We haven't been able to contact Karen, host of Al Lewis Lives, in months. Past phone numbers are out of service. Emails are not delivered, and we received no response when we asked the station manager at WBAI. Does anyone know what has happened to Karen Lewis, host of Al Lewis Lives? Please let us know. [prisonactionnetwork@gmail.com] We hope she is ok.
FANCY BROCCOLI RADIO SHOW, WVKR 91.3 FM - Sundays - Jazz & Prison Talk, 3:00-6:00 pm
Box 726, Vassar College, Poughkeepsie NY 12604-0726
Fancy Broccoli streams online - go to www.WVKR.org and click on (or near) the word 'LISTEN'.
Visit archives to find lots of other good interviews.
SOUL SPECTRUM WITH LIBERTY GREEN, WJFF Radio Catskill 90.5FM - Thursday evening from 10pm to 1:30am. [www.wjffradio.org] PO Box 546, Jeffersonville, NY 12748 Voice Box Call-in Comment Line: 845 431 6500 Email:libertygreen@citlink.net
PRO SE REPORT, THE LATEST (SPRING 2009) ISSUE, published by Prisoners Legal News contains the following articles:
A Win in the Supreme Court
Resentencing for Certain Class B Drug Offenders
Medical Parole Expanded
Questions about Time Served on Illegal Post-Release Supervision
Pro Se is published four times a year. Pro Se accepts individual subscription requests. With a subscription, a copy of Pro Se will be delivered directly to you via the facility correspondence program. To subscribe, send a subscription request with your name, DIN number, and facility to Pro Se, 114 Prospect Street, Ithaca, NY 14850.
Pro Se Wants to Hear From You! Pro Se wants your opinion. Send your comments, questions, or suggestions about the contents of Pro Se to Pro Se, 41 State Street, Suite M112, Albany, NY 12207. Do not send requests for legal representation to Pro Se.
Pro Se On-Line: Inmates who have been released, and/or families of inmates, can read Pro Se on the PLS website at: www.plsny.org.
STILL HERE HARLEM PRODUCTIONS - [www.allthingsharlem.com]
We’ve started a series of profiles of candidates running for political office in the Harlem community. Chuck Berkely, from 100 Blacks in Law Enforcement and Landon Dais have been covered so far. We take no position pro or con on the candidates. We leave that to the community members. You can read an article about us in The National, a middle eastern paper out of Abu Dhabi.
While we are growing in our connectivity to the community we continue to be short on staff, both administrative and technical. If you have skills in journalism, administrative skills, marketing and promotion, and the technical skills needed for video production please contact Joseph Jazz Hayden, "Still Here" Harlem Productions Inc.at jazz@allthingsharlem.com. We need your help.
New videos are available on our website [www.allthingsharlem.com] covering the shooting of Omar Edwards, Charles Barron, Charlie Rangel, Al Sharpton, the Party For Socialism and Liberation Conference, Frances Villar, candidate for Mayor of New York and others.
THE VISITORS, COMING TO A PRISON NEAR YOU (MAYBE): A NOTE FROM THE FILMMAKER
We were at Arthur Kill Correctional Facility with Denise [main character in the film]. We screened the film to Lifers and Longtimers. It was a great experience as they loved the film. Some of them were in tears. We received great feedback and comments.
The counselors who arranged the screening where also very supportive of the film. Our next goal is to reach out to other prisons. We welcome invitations from any facilities. Melis Birder, 347-272-3097, melisbirder@yahoo.com.
9. PRISONERS OF THE CENSUS: CALLS FOR THE COMMISSIONER OF THE MAINE DEPARTMENT OF EDUCATION TO DECLARE PRISON-BASED GERRYMANDERING A VIOLATION OF THE PRINCIPLES OF ONE PERSON ONE VOTE
In January, I released a report, Phantom Constituents in Maine's Regional School Unit 13: How the Census Bureau's Outdated Method of Counting Prisoners Harms Democracy, which identified how the town of Thomaston, Maine, is able to use Census counts of a closed prison to exercise undue influence over a school board.
Each town is given a number of votes in proportion to its population, but because the board used Census Bureau counts that included the now-closed Maine State Prison, they unintentionally gave Thomaston more votes than its population was entitled to. (Unlike the Census Bureau, Maine state law says that incarcerated people remain residents of their home, not prison, addresses.)
Earlier, the Commissioner's office told the board that the impact of the prison was too small to matter, so our letter reviews the relevant legal precedent and the appropriate way to calculate vote dilution. We found that crediting the prison to Thomaston results in inflating the weight of a vote in that town by almost 9%, which is significantly more than the 5% allowed by Supreme Court decisions. When compared against the weight of a vote in the other towns, the distortion is also larger than the maximum deviation allowed by controlling precedents.
Some members of the school board want to reject the flawed census counts and update their voting system without regard to the prison population. If successful, each resident of the school district would have an equal say over the education of their children.
But before proceeding with changes, state law requires the Commissioner of the Maine Department of Education to declare the current voting system in violation of the principles of one person one vote. The Commissioner has not yet responded to our letter.
The Prison Policy Initiative depends on the support of the people who receive this newsletter. If you can help support our work with a tax-deductible contributions via Network for Good or via a paper check sent to this address, please do so today.
Peter Wagner
Prison Policy Initiative
PO Box 127 Northampton, MA 01061
10. TRANSPORTATION: CAPITAL DISTRICT
NEST Prison Shuttle schedule: Mt McGregor, Washington, Grt Meadow CFs on Sat, Jul 4 ($35 adults, $25 children), Coxsackie, Greene, Hudson on BOTH Sat, Jul 11 & 18 ($20 adults, $15 children) leaving Oakwood Ave Presbyt. Church parking lot, Troy at 7 AM, then Albany Greyhound bus station at 7:15. Sullivan trip (Ulster, Eastern, Woodbourne, Sullivan) on Jul 25 leaving at 6:30 AM ($45 adults, $30 children). Reservations: Linda O'Malley 518- 273-5199.
Free door to door rides from the Capital District: The Justice Committee at the Unitarian Church has 3 volunteer drivers. If you have a loved one in prison and you have no other way of getting to see him or her, maybe we can help. Call us to find out: 518 253 7533
BUILDING BRIDGES IS A JOINT EFFORT OF PRISON ACTION NETWORK AND THE JUSTICE COMMITTEE AT FUUSA
PLEASE SEND YOUR ANNOUNCEMENTS FOR PUBLICATION TO PRISONACTIONNETWORK@GMAIL.COM
OUR PHONE # IS 518 253 7533
Membership dues are $12/yr. Please send check made out to PAN, at PO Box 6355, Albany NY 12206
11. THE QUESTIONNAIRE:
Citizens Against Recidivism, Inc.
We at Citizens Against Recidivism, Inc. feel that we must find more ways to consult with people in prison on the issues that affect them. We firmly believe that we cannot represent their issues if we do not consult with them. We want your help in reaching as many people in prison as possible. We have developed a brief survey that will help us when we speak about this issue. Please ask those you know who are in prison to complete the questionnaire and return it to Citizens Against Recidivism, Inc. Box 9 – Lincolnton Station, New York, New York, 10037. We will report and share our findings with all.
Which of the following do you believe will result in your earliest release from prison?
(Circle only one response)
Win on appeal
Clemency or pardon
Release at first board
Release at later board
Release before conditional release (C.R.) date
Conditional release
I have a determinate sentence and will do 85% of my sentence
I am going to max out
In your effort to get released, how important do you believe doing the following things are?
Please rate your response: 1 Very unimportant; 2 Unimportant; 3 Important; or 4 Very important
Working on an appeal [ ]
Seeing a psychologist [ ]
Taking part in an Alcohol Substance or Abuse Treatment Program (ASAT) [ ]
Taking part in an Alternative to Violence Program (AVP) [ ]
Taking part in Alcohol Anonymous (AA) [ ]
Getting a high school equivalence diploma (GED) [ ]
Getting a college degree [ ]
Learning a vocational skill [ ]
Maintaining a good assignment record [ ]
Maintaining a good disciplinary record [ ]
Getting important people to help you [ ]
Transitional Services Program [ ]
Taking part in a Network/Therapeutic Community [ ]
Circle the item below which you think is the most important. (choose only one response)
Working on an appeal
Seeing a psychologist
Taking part in an Alcohol Substance or Abuse Treatment Program (ASAT)
Taking part in an Alternative to Violence Program (AVP)
Taking part in Alcohol Anonymous (AA)
Getting a high school equivalence diploma (GED)
Getting a college degree
Learning a vocational skill
Maintaining a good assignment record
Maintaining a good disciplinary record
Getting important people to help you
Transitional Services Program
Taking part in a Network/Therapeutic Community
How much time do you spend engaged in the following activities because you think it might expedite your release.
Please rate your response: 1 None 2 Little 3 Some 4 A lot
Working on an appeal [ ]
Seeing a psychologist [ ]
Taking part in an Alcohol Substance or Abuse Treatment Program (ASAT) [ ]
Taking part in an Alternative to Violence Program (AVP) [ ]
Taking part in Alcohol Anonymous (AA) [ ]
Getting a high school equivalence diploma (GED) [ ]
Getting a college degree [ ]
Learning a vocational skill [ ]
Maintaining a good assignment record [ ]
Maintaining a good disciplinary record [ ]
Getting important people to help you [ ]
Transitional Services Program [ ]
Taking part in a Network/Therapeutic Community [ ]
How close do the statements listed below come to expressing your personal reasons for involvement in these activities?
Please rate your response: 1 Very untrue 2 Somewhat untrue 3 Somewhat true 4 Very true
Will provide me with the skills I need to stay out of prison [ ]
Help me to keep busy and not think about when I am going home [ ]
Allow me to maintain come personal control over my situation [ ]
Are things I do to impress the parole board [ ]
These activities will help me to improve myself [ ]
Some people have suggested experimenting with contracts between prisoners and the parole board. At the beginning of a sentence, the prisoner would negotiate the things he needs to do to ensure his release after a specific period of time or possibly accelerate the release date. Some states (like New York) use determinate or flat sentencing for certain offenders. In those situations, the judge sentences the prisoner to a specific period of time without the possibility of parole. His release date is fixed.
Do you prefer to (circle one answer only)
Leave things as they presently are
Be able to negotiate a contract
Have a determinate or flat sentence
Don't care one way or another
Please indicate how closely the following statements describe the reason why you chose the above option.
Please rate your response: 1. Not close at all 2 Not very close 3 Somewhat close or 4 Very close
It would lessen the stress and anxiety of not knowing when I might be released [ ]
It would provide the personal control I need to obtain the earliest possible release [ ]
It would eliminate the games I must play to gain a favorable decision from the parole board [ ]
Tell us just a little about yourself:
Age ___________
How much time have you spent in prison on the present sentence ____________
How many more years do you have to do before seeing your next parole board ____________
If you have been in prison before, how much time have you spent in prison on this and other sentences? _________
Race: [ ] Black [ ] white [ ] Latino [ ] other_____________
Please return survey to: Citizens Against Recidivism, Inc. Box 9 – Lincolnton Station, New York, New York, 10037
Saturday, May 30, 2009
JUNE 2009
To go directly to the June edition of Building Bridges, please scroll down below these late-breaking announcements.
The Safe and Fair Evaluation (S.A.F.E.) Parole Act Bill # S 5374 / A 7939
THE PURPOSE OF PAROLE BOARD HEARINGS IS EVALUATING READINESS, NOT PUNISHMENT
The SAFE Parole Act calls for:
Face-to face videotaped parole hearings
In-person interviews
Increase the parole applicant’s trust in the process and in the goal of reintegration
Create an environment in which the parole board can more fully and fairly evaluate applicants
Videotaping interviews ensures that the final record is accurate and detailed
Allows for a more effective review of the hearing
Holds everyone accountable for their conduct
Cost of videotaping hearings is offset by saving the cost of stenographers and the cost of transcripts
No secrets: parole applicant sees everything in the folder that the parole board sees
Results in greater transparency, fairness and trust in the parole process
The applicant can address errors or other information
Ensures a more accurate portrayal of the applicant on which the parole board can base its decision
Release decisions based on rehabilitation and preparedness for reentry and reintegration into society
The parole board is given specific, workable criteria by which to determine the probability that the applicant, if released, will live and remain at liberty without violating the law.
The NYS Transitional Accountability Plan (TAP) provides a meaningful process by which the Parole Board can make decisions regarding rehabilitation and release to parole supervision.
Clear and complete instructions spelling out what the person must do to be released
Alleviates the frustration and confusion experienced by parole applicants when they are not told what they can do in order to be released to parole supervision
This change holds everyone accountable—the applicant, the Department of Correctional Services & Community Supervision and the Parole Board.
Visit www.ParoleReform.org
to send letters to your legislators and record your personal experiences
POSTED JUNE 8 from various sources:
A DAY TO REMEMBER IN ALBANY: ANDREA EVANS'S PAROLE APPOINTMENT IS APPROVED BY SENATE. MINUTES LATER A REPUBLICAN COUP TAKES OVER THE SENATE; MALCOLM SMITH MAKES STATEMENT.
Monday,June 8
3:30pm. Angela Evans was just confirmed by the NYS Senate as Chairwoman of the Parole Board, and CEO of the Division of Parole. Prison Action Network congratulates her, and looks forward to working with her to make NYS a leader in progressive evidence-based parole practices.
4:02 PM Senate changes hands.
Legislative Gazette staff writers and The Associated Press
Sens. Hiram Monserrate and Pedro Espada Jr. have reportedly decided to caucus with the Republican Conference, giving control of the Senate chamber back to the GOP with just 8 days left in session.
The decision by the two New York City Democrats gives Republicans a 32-30 edge in the chamber.
Republicans named Espada temporary president of the Senate and Dean Skelos of Nassau County vice president and majority leader. Skelos is the former majority leader.
5:25 PM Statement by Malcolm Smith
“This was an illegal and unlawful attempt to gain control of the Senate and reverse the will of the people who voted for a Democratic Majority. Nothing has changed, Senator Malcolm A. Smith remains the duly elected Temporary President and Majority Leader. The real Senate Majority is anxious to get back to governing, and will take immediate steps to get us back to work.”
THE NEWS IS COMING IN SO FAST, THAT WE SUGGEST YOU CHECK the Legislative Gazette FREQUENTLY FOR UPDATES IN THE COMING HOURS AND DAYS.
BUILDING BRIDGES JUNE 2008
Dear Reader, Be well, have hope, and please, spread the word.
In this Issue
1. A list of ways you can help create positive change
2. Citizens Against Recidivism reports on "Considering the Evidence on Long term Sentences"
3. Coalition for Fair Criminal Justice Policies Update
4. ICARE Reports
5. Legislation Report
6. Lifers and Longtermers Clearinghouse update on community linkages
7. Parole news and statistics
8. Prison Media: Fancy Broccoli, Soul Spectrum, and Still Here Harlem
9. SHU Bill Hearing held in March to discuss delay in implementation
10. Temporary Work Release: part 2 of "Wilderness or Promised Land"
11. Transportation to Prison
1. WHAT CAN YOU DO? HERE’S A LIST OF THINGS:
ALBANY
Thursday, June 11, 5:30 — 8:00 PM Community Forum: Stop the Violence.
HEAR! About Albany SNUG / Chicago CeaseFire
SHARE! Your ideas and concerns
TELL! What’s up with your efforts
Bring it all together to Stop the Violence! You are the Answer!
Pizza and soft drinks will be served. Albany Housing Authority, 200 South Pearl Street, Parking in Rear
The Community Coalition to Prevent Violence is working with community stakeholders, the University at Albany, and Chicago CeaseFire to implement Operation SNUG, an anti-violence program initiated by Senate Majority Leader Malcolm Smith. Exhibit tables will include information about job training and employment opportunities (call to reserve a table) . For more information: Call: (518) 442-5745 or Email.
BUFFALO:
Monday, June 22, 6:30pm - 8:30pm Prisoners Are People Too will meet at the Pratt-Willert Community Center, 422 Pratt Street in Buffalo. This meeting will consider the ongoing plight of George BaBa Eng, imprisoned for murder in 1977, sentenced to a term of 25 years-to-life, and denied parole four times. Described as a mentor, teacher, brother, friend and “jailhouse lawyer,” by many, he continues to be held due to “the nature of the crime.” As a reformed offender with an excellent disciplinary record, why does the Parole Board not deem him worthy of a “second chance?” Why, after one Parole Commissioner said, “Mr. Eng, you have gone above and beyond my expectations,” is George BaBa Eng still being held?
“Friends of BaBa Eng” will share their thoughts at this meeting and urge others to lend their support to this “prisoner of conscience” who will face his fifth Parole Board hearing in October of this year.
PRP2 programs are sponsored by The Circle of Supporters for Reformed Offenders and Friends of BaBa Eng . For further information, contact Karima Amin: 716-834-8438; karima@prisonersarepeopletoo.org.
NEW YORK CITY:
Saturday June 6, 10:30am - 1pm Coalition For Fair Criminal Justice Policies-NYC Chapter Meeting
On June 6 all interested people are invited to join us as we discuss the actions we’ve taken and make plans for the future. We are hoping to have as our guest Andrea D. Evans, nominee for Chairman of Parole and CEO of the Division of Parole. Please spread the word so we can show her our numbers. RSVP to PAN: 518 253 7533.
Location: Fortune Society’s Academy aka Castle, 630 Riverside Drive at W.140th St. 137th St. stop on the #1 train.
STATEN ISLAND
Tuesday June 8 at 7pm Circle of Love Prison Support Group
Serving those, and the families of those, who have been impacted by incarceration and the circumstances surrounding it.
Meetings every second Tuesday of the month, providing a role model that will help steer formerly incarcerated men and women through this turbulent time of transition
Central Family Life Center, 59 Wright Street - between VanDuzer and Water Sts - in Stapleton, Staten Island
For information: Antoinnette Donegan 646 932 3295, email:
TROY, AMSTERDAM, ALBANY, BUFFALO, LA FAYETTE, NEWBURGH, ROCHESTER, UTICA
Youth Construction Initiative Program (YCIP)
An on-the-job training experience for non-college bound students, designed to afford 11th and 12th graders, especially minorities, females and the economically disadvantaged, an opportunity to explore careers in heavy highway construction. Free, with monthly stipends. Contact YCIP program director Ladan Alomar at 518 842 3762, or 518 944 3620 to find out more.
2. CITIZENS AGAINST RECIDIVISM REPORTS ON MAY 5TH PANEL DISCUSSION, “CONSIDERING THE EVIDENCE ON LONG TERM SENTENCES”. PANELISTS SAY, “PAROLE DECISIONS OFTEN FLY IN THE FACE OF EVIDENCE SUGGESTING THAT THE CLASS LEAST LIKELY TO BE RELEASED IS MADE UP OF THOSE (DESCRIBED AS MODEL PRISONERS) WHO ARE LEAST LIKELY TO RECIDIVATE”
The panel included participatory researchers, policy reformers and criminal justice advocates assembled at CUNY’s Graduate Center to review evidence relating to people in prison with long term sentences, particularly those who had committed violent offenses. The group was assembled to discuss current policies toward this class of incarcerated people and to suggest the implementation of various policies regarding them and others among the incarcerated population [whose release] is thought to better serve the public interest and increase public safety. The discussion was lead by Dr. Michelle Fine, a Distinguished Professor at the CUNY Graduate Center. Panelists included Kathy Boudin, Eric Waters (Osbourne Association), Mika’il DeVeaux (Citizens Against Recidivism, Inc.), Carla Marquez (Ph.D. candidate at the Graduate Center) and Felipe Vargas (The Doe Fund).
The evening began with a recount of the “irrationality and fiscal and moral costs of bulging (US) prisons,” including the consequences of current incarceration policies in the American society (1 out of 100 adults incarcerated), particularly the impact these policies have had on communities of color (1 out of 9 African American men are incarcerated), and on the millions of children who have a parent in prison, on parole or probation.
Although 95% of those who are in prison are eventually released (most on parole supervision), many have endured increasingly longer sentences in part because of de facto resentencing by parole commissioners. Parole decisions often fly in the face of evidence suggesting that the class least likely to be released is made up of those described as model prisoners who are least likely to recidivate.
Between 1985 and 2002, 1,105 people were released after serving a sentence for murder. Only 3% (33 people) convicted of murder returned for a new commitment and 17% (189 individuals) returned for a parole violation. Their overall return rate was half of that for all DOCS releases.
Panelists provided the audience with detailed information regarding New York State Law [Executive Law 259-i(2)(c)(A) ] governing parole release and the guidelines for granting parole but also noted that the criteria were not equally weighted because many were repeatedly denied parole solely because of the nature of the crime.
It was pointed out that more emphasis needed to be placed on how people are “treated” while incarcerated and the “condition” they would be in when they were released. If public safety is the primary goal of our criminal justice system, then strategies to return people to the community in conditions better than they were when they entered prison should be in use.
Panelists reviewed the functions of the prison system (rehabilitation, punishment, deterrence, and incapacitation), several sentencing structures (determinate, indeterminate, and mandatory minimums) and the impact and benefits of each as a preface to introducing the mission of the New York State Division of Parole: To promote public safety by preparing inmates for release and supervising parolees to the successful completion of their sentence.
Calling for an emphasis on treatment and an effort to prepare people in prison for release, panelists argued for a shift from current parole policies to one that truly linked preparation/programming (e.g., college and meaningful vocational training) to accelerated release; a commitment from the Departments of Corrections and Parole to provide programming that aided development and or facilitated release of people in conditions better than the ones in which they entered prison; and that the focus in this regard begin as soon as people entered prison rather than mere months before parole eligibility.
There was a call for providing contracts between people in prison and paroling authorities that would outline performance measures needed to become eligible for parole release including skill training, education, institutional behavior, substance abuse treatment, work or job assignment, etc. The contract would define a definite release date contingent upon successful completion of the terms of the agreement in keeping with the idea of 'a reasonable expectation’ of being released to parole supervision, assuming participation in rehabilitation programs and the maintenance of a good disciplinary record
To enhance public safety while “supervising parolees to the successful completion of their sentence” panelists argued for:
· A policy shift that focused on case management/case planning;
· Clarification of the criteria for success and milestones along the way;
· Tailored conditions of parole (conditions relative to risk);
· Gradual lifting of sanctions for people on parole who meet agreed upon goals and conditions of parole;
· Shifting of the focus to those who presented the greatest risk of violating the terms of their parole;
· Involvement of the people on parole in the case planning process;
· Involvement of the family, community members, or other informal social networks in case planning and supervision;
· Incentives for goal completion;
· Make consequence of violations of conditions clear;
· Implement earned discharge, i.e. opportunity for early discharge from parole for meeting and maintaining conditions of parole, program participation and or goals set.
Panelists talked about the “paradox of post-prison life” where many who return from prison feel “invisible” and separate from the larger society, while being expected to overcome the many barriers to reintegration they face the social stigma of having a history of criminality.
3. COALITION FOR FAIR CRIMINAL JUSTICE POLICIES GENERAL MEETING ON JUNE 6 TO DISCUSS CANCELLATION OF REINSTATEMENT CAMPAIGN AND WHERE TO GO FROM HERE REGARDING THE PROGRESS OF OUR MONTHLY MEETINGS. POLICY COMMITTEE MET WITH LEGISLATORS, WILL HOLD ALL DAY MEETING ON JUNE 20 TO WORK ON PAROLE LEGISLATION GOAL.
General Meeting Report:
We did not meet in May. Our next meeting on June 6 is announced above, in Article 1. We hope to be joined by Andrea Evans, Governor Paterson’s nominee for the top position in the Division of Parole.
Policy Committee Report:
On May 14 two members of the Policy Committee met with Sandy Stewart and Juan Martinez from Senator Montgomery’s office to present them with statistics showing that approximately $81 million to $250 million per year can be saved by the passage of a Merit Time bill that includes all violent felons excluding certain categories. The broad range is the result of different estimates of the annual maintenance cost per incarcerated person and the average reduction in time served.
On June 20 we will meet in Albany for an all day work retreat to continue the task of developing a narrative description of our policy goal for Parole Reform. We hope to have the document completed by September 2009. In preparation for our meeting we are reading a publication of the National Institute of Corrections, called Comprehensive Framework for Paroling Authorities in an Era of Evidence-Based Practices. If you’re interested it’s available at http://nicic.gov/Library/022906.
4. ICARE REPORTS
As ICARE has engaged in organizational development over the last several weeks - having submitted a lengthy financial review as well as beginning preparations for a day-long annual meeting in mid-June, members of the board are focused on the tasks at hand (policy advocacy, correspondence and reentry ministry, and information dissemination) and the challenges posed by the current economy. We are continuing to plan strategically with the resources at hand and remain committed to pushing a progressive policy agenda in Albany, specifically on barriers related to employment and criminal records.
- Rima Vesely-Flad
5. LEGISLATION: THERE WAS AN ERROR IN MAY’S REPORT ON A7564 AND PENAL LAW 803-B; MERIT TIME BILL UPDATE; BILL TO DELETE CRIMINAL HISTORY FROM DOCS WEBSITE [Copies of all bills mentioned are available at http://public.leginfo.state.ny.us/menuf.cgi]
Corrections:
1. A7564: Merit time for Non-Violent Inmates[sic]
We mistakenly added an extra zero to the number of keeplock days it takes to disqualify a person. It should have read 60 days, not 600 days! That’s a big difference, and we’re sorry if we mislead you.
2. Penal Law 803-B Six Month Credit Time Allowance:
I thought the denial of the 6 month credit to those who had had any good behavior time credit withheld applied to both indeterminate and determinate sentences, but there are those who think it applies only to those with a determinate sentence. When I went back to read the law, it is so long and so complicated that I must excuse myself from reporting on it. I simply don't understand what it is saying. Remember, I'm not a lawyer and neither is anyone else on our staff. If any reader is competant to resolve this question, it would be appreciated.
The following bills have sponsorship in both houses of the legislature and are in committee awaiting a decision whether to move them to a vote.
Merit Time Bills S49/A172 and S2932/A6487 Update:
We are still waiting to see if either of these bills will be moved out of committee and/or revised beforehand. S2932 will be on the committee’s agenda for June 1.
S4406-B Hassell-Thompson/ A 3131-b Bradley (Ms) Deleting Criminal History from DOCS Website
Correction Law
TITLE....Provides the criminal information of certain persons may only be posted on the department of corrections' website for a period not to exceed five years after his or her release
STATUS (included so you can see the process and the amount of time it’s taken):
04/22/09 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
05/07/09 AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION
05/07/09 PRINT NUMBER 4406A
05/18/09 1ST REPORT CAL.349
05/19/09 2ND REPORT CAL.
05/20/09 AMENDED 4406B
05/20/09 ADVANCED TO THIRD READING
SUMMARY OF PROVISIONS:
Section one amends the correction law by adding a new section 9 which provides that any information relating to the conviction of a person may be posted on the department's website for a period not to exceed five years after the expiration of such person's sentence of imprisonment and any period of parole or post-release supervision. However, in the case of a person who has been committed to the department on more than one occasion, the department may post conviction information relating to any prior commitment on such website for a period not to exceed five years after the expiration of such person's sentence of imprisonment and any period of parole or post-release supervision arising from the most recent commitment to the department.
The foregoing provisions do not apply to any person who is convicted of an offense that would make the person ineligible for merit time under section 803 of the correction law (violent offenders) or to persons required to register as a sex offender.
6. LIFERS AND LONGTERMERS CLEARINGHOUSE: HOPE LIVES FOR LIFERS PROJECT IS IN THE PROCESS OF IDENTIFYING LIFER ORGANIZATIONS IN THOSE FACILITIES CLOSE TO THE NEW YORK CITY AREA WHERE WE ARE BASED SO THAT WE CAN VISIT AND ENGAGE IN DISCUSSIONS TO DETERMINE WHAT THE PROMINENT NEEDS ARE
My primary mission upon release from prison was to develop community linkages that would 1) sponsor approved prison organizations, and 2) work collaboratively with prison organizations to jointly develop programs and services that reverse criminal behavior and improve opportunities for release.
Developing community linkages is a complex task and I have probably given those I left behind the impression that I have made more progress than I actually have. And so I need to clarify some things, especially in regard to the Hope Lives for Lifers project.
Hope Lives for Lifers is a project of the Doing Justice Coalition. The Doing Justice Coalition is a collaborative partnership between faith communities and criminal justice practitioners to improve criminal justice outcomes by integrating the concepts of faith, hope and enduring beliefs with evidence based practices and non-traditional approaches to social justice.
The Doing Justice Coalition created a number of subcommittees designed to address specific criminal justice issues. One such committee was the Lifers and Long-Termers subcommittee. That subcommittee developed the Hope Lives for Lifers as a project designed to address the specific needs of those serving life, long-term and life without parole sentences.
Members of the Hope Lives for Lifers project are drawn from a broad cross-section of faith communities, criminal justice involvements and social justice activities. Although we are committed to providing a collaborative linkage with approved long-termer organizations, we are still in the formative stages of development. We are in the process of identifying lifer organizations in those facilities close to the New York City area where we are based so that we can visit and engage in discussions to determine what the prominent needs are.
Once we have gathered enough information to state just what needs we plan to address, we will meet with central office to gain approval of our programs. While we are in the process of making these moves, please stay in touch and continue to inform us of your involvements.
-- Larry White
7. PAROLE NEWS: ANDREA D. EVANS IS NOMINATED FOR HEAD OF PAROLE; PART 6 OF PAROLE HANDBOOK; ADDITION TO PAROLE WEBSITE PROVIDES PAROLE SUPERVISION STATUS OF INDIVIDUALS ON PAROLE; APRIL AND MAY PAROLE STATISTICS
.
On Friday May 22 at 6:30pm Governor David A. Paterson announced the nomination of Andrea D. Evans as Chair of the State Board of Parole and Chief Executive Officer of the Division.
According to the Governor's website, "Ms. Evans is the current Director of the Division of Parole for Region II, an area encompassing Brooklyn, Queens and Staten Island. In this position, she oversees the operation of four Area Offices, including one located in 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.
From 2000 to 2006, Ms. Evans served as Special Assistant to the Downstate Director of Operations. From 1997-2000, she worked as an Investigator in the Division of Parole’s Office for Professional Responsibility, where she conducted investigations into allegations of professional misconduct. From 1994 to 1997, Ms. Evans was a Senior Parole Officer and served as Acting Supervisor in the Bronx Area Office. Additionally, she worked as a Parole Revocation Officer from 1990 to 1994. Ms. Evans began her career with the Division in 1986 as a Parole Officer.
Prior to joining the State Division of Parole, Ms. Evans worked for the Central Brooklyn Coordinating Council from 1979 to 1986, a community-based family services and support organization dedicated to foster care prevention.
Ms. Evans holds a B.A. in Psychology from the City College of New York.
This position requires Senate confirmation."
PART 6 ON PAROLE AND PAROLE BOARD ACTIVITIES IN STATE CORRECTIONAL FACILITIES
[available online at http://parole.state.ny.us/Handbook.pdf ]
What does parole and parole eligibility mean?
Parole is release granted by the Board of Parole as a matter of discretion after you have served a portion of your sentence. Parole eligibility occurs when you have served the minimum period of imprisonment, as established by statute. However, if you successfully complete a Shock Incarceration Program and are granted a Certificate of Earned Eligibility by the Department of Correctional Services, you may become eligible for parole before you complete your minimum period of imprisonment. You may also become eligible for parole before reaching your minimum term by earning Merit Time. Inmates with Final Orders of Deportation in place may be considered for release, for deportation only, prior to completion of their minimum sentences. Finally, certain terminally ill inmates may be eligible for Parole Board review before serving a minimum term.
Do I have to submit an application for parole release?
No. Once you reach an applicable eligibility date, you will be automatically scheduled for Parole Board release consideration.
How do I become “ready” for parole?
Parole “readiness” includes several factors. It is important that you demonstrate good prison behavior throughout your period of incarceration. Becoming involved in prison programming offers you an opportunity to improve your education and acquire new skills.
For example, there are programs provided by DOCS which include substance abuse counseling, as well as education and self-help groups. Such programs may help you learn how to cope with drug and alcohol problems upon your release. There are many opportunities in prison for you to learn more about yourself and to make important strides in self-improvement.
Correction Counselors and facility Parole Officers can advise you about becoming “release ready” and using your time in prison to your best advantage.
PAROLEE INFORMATION IS NOW AVAILABLE ON PAROLE WEBSITE [www.parole.state.ny.us]
Public can access the parole supervision status of individuals
Henry Lemons, interim chairman of the New York State Division of Parole, announced the launch of a new “parolee lookup” feature on the Division’s website, www.parole.state.ny.us. The public can now access real-time information on the parole status of those currently under supervision as well as those who have completed their supervision.
“Victims, members of law enforcement, state and federal criminal justice agencies and family members routinely have questions about the status of an individual’s parole supervision,” Lemons said. “By creating this valuable online tool, people can have access to this important information 24 hours a day.”
After entering specific information about a person under parole supervision such as a name or identification number, the public will be able to search for details about that individual’s parole status. Data that is available includes the county where the crime was committed, crime of conviction, the date parole supervision began, the status of parole supervision, the address of the parole office that an individual reports to as well as the name and contact telephone number for the parole officer overseeing the case.
The addition of the look-up feature on the website is part of the Division’s goal to make its work more transparent and readily available to the public. It follows the 2008 online addition of the Parole Board interview schedule that allows users to look back at Parole Board determinations over a two year period, and locate the parole interview dates of persons that are scheduled to come before the Board in the next four months.
APRIL 2009 PAROLE BOARD RELEASES – A1 VIOLENT FELONS – unofficial research from parole database
Total Interviews # Released # Denied Rate of Release
16 initials 2 14 13%
70 reappearances 22 48 31%
86 total interviews 24 62 28%
April Initial Releases
Facility Sentence Offense # of Board
Eastern 15-Life Conspiracy 1 initial
Wende 25-Life Murder 2 initial
April Reappearances
Facility Sentence Offense Eligibility Date # of Board
Arthurkill 15-Life Murder 2 9/5/93 9th board
Arthurkill 25-Life Murder 2 7/29/07 2nd board
Bare Hill 15-Life Murder 2 9/11/03 4th board
Cape Vincent 25-Life Murder 2 10/22/05 3rd board
Fishkill 15-Life Murder 2 8/25/05 3rd board
Fishkill 16-Life Murder 2 8/21/05 3rd board
Fishkill 25-Life Murder 2 8/23/03 4th board
Fishkill 25-Life Murder 2 3/23/01 5th board
Fishkill 25-Life Murder 2 6/12/02 4th board
Franklin 15-Life Att Murder 1 7/21/06 3rd board
Franklin 15-Life Murder 2 8/3/99 6th board
Gowanda 20-Life Murder 2 9/7/07 2nd board
Great Meadow 25-Life Murder 2 10/20/05 spec cons + 3 boards
Groveland 25-Life Murder pre-74 8/17/97 7th board
Oneida 15-Life Murder 2 8/25/93 9th board
Shawangunk 16 1/2- Life Murder 2 8/19/95 8th board
Wallkill 15-Life Murder 2 2/27/01 5th board
Woodbourne 15-Life Murder 2 8/30/97 7th board
Woodbourne 15-Life Murder 2 8/26/05 3rd board
Woodbourne 17 1/2-Life Murder 2 8/15/03 4th board
Washington 20-Life Murder pre-74 8/26/90 11th board?
Woodbourne 25-Life Murder 2 8/5/07 2nd board
[It appears that May releases were very low. Not one single person with an A1 violent felony conviction got out on his (no females) first board this month, and only 10 A1VFs got out on reappearances.]
MAY RELEASES BASED ON REPORTS FROM PRISON. (Please note that the following statistics are not all limited to people convicted of A1 Violent felonies - some include all parole hearings):
MID-ORANGE
May - Hernandez, Smith, Thompson
25 appearances
5 were paroled (2 were A1VO; 1 of whom was de novo)
20 denials
No postponements
All denials were for 2 years
SULLIVAN ANNEX
May - Clarke and ?
2 appearances (both violent)
0 were paroled: 1 was second board, the other was 4th board
Both got 2 year holds
WOODBOURNE
May - Clarke and Hagler
12 Appearances: 1 granted parole; 9 denied; 2 postponed
A1VO: 6 seen, 0 granted, 5 denied, 1 postponed
GRAZIANO VS PATAKI: No new developments in May.
8. PRISON MEDIA: RADIO: FANCY BROCCOLI, WITH KATHY AND ERNEST HENRY; SOUL!, WITH LIBERTY GREEN, ARTICLE IN NY TIMES: JOSEPH ‘JAZZ” HAYDEN’S STILL HERE HARLEM PRODUCTIONS
FANCY BROCCOLI RADIO SHOW, WVKR 91.3 FM - Sundays - Jazz & Prison Talk, 3:00-6:00 pm
Box 726, Vassar College, Poughkeepsie NY 12604-0726
June Schedule (subject to change)
Sunday, Jun 7 - Sean Pica and Ernest Henry (Formerly Incarcerated Husbands) Discuss Committed Relationships 'During and After' Prison - You Come Home... 'then what!?' We need your input (see address below)
Sunday, Jun 21 - Tom and Laura Lagana - Publishers of 'Chicken Soup for a Prisoner's Soul,' and New Book: 'Serving Productive Time'
SOUL SPECTRUM, WJFF Radio Catskill 90.5FM [www.wjffradio.org]
PO Box 546, Jeffersonville, NY 12748 Voice Box Call-in Comment Line: 845 431 6500
Every week on Thursday at 11pm, Liberty Green brings to the airwaves a stack of soul records and a whole lot more including "Silly Love Songs" and letters, some of which come from the many incarcerated men and women living in prisons in range of the station’s signal.
A NEWSROOM TO COVER THE DISENFRANCHISED VOICES IN HARLEM
From the NY Times, 5/18, NY Region section, by Jason Grant [
Excerpts:[Read the entire article here.]
Mr. [Joseph ‘Jazz’] Hayden, 68, calls himself a news junkie, but adds that what he sees or, more to the point, does not see on the news can be infuriating.
“There’s not enough air time for low-income communities and our issues and ideas,” he said as he leaned back into his newsroom’s couch, a small jade Buddha and gold chain hanging from his neck. “All they talk about is the middle class. They never look down. No one talks to us. They never ask my opinion.” During last year’s presidential campaign, he said, he “stayed virtually in a state of rage because the mainstream media. They talked with such arrogance and such certitude about what the American people felt.”
Determined to change that, at least on a local level, he and two other men last year invested $40,000 to start a news organization, Still Here Harlem Productions, that would, in the words of its mission statement, “cover every aspect of the community life of the marginalized and voiceless in Harlem,” which stretches, as Mr. Hayden is fond of saying, “from West 110th Street to Washington Heights, and river to river.”
Still Here’s half-hour videos began appearing on the Manhattan Neighborhood Network cable channel in September, and in February Mr. Hayden started a Web site, All Things Harlem, which posts video news reports and recordings of Harlem political, social and cultural events.
Mr. Hayden was born in Harlem, and though his current life revolves around television and the Internet, his earlier decades read like chapters in a crime novel. The son of a housecleaner who raised the family by herself, he was first locked up at 16, for heroin possession. He landed in Attica on another conviction (which he said was later overturned), for the attempted murder of a police officer, and he left right before inmates seized the prison. By the time he was in his 30s, he was running nightclubs and had become an associate of Nicky Barnes, the leader of one of the city’s largest heroin rings.
“To me, crime is a response,” Mr. Hayden said. “You play the hand you’re dealt in life. And the hand I was dealt was very harsh.”
Back in his newsroom, the huge television was still on and Mr. Hayden’s hands swept the air as he discussed how his vision was unfolding. “Everybody in the world knows about Harlem,” he said. “So I figured if I could limit my coverage, if I could just cover this community effectively, then I could build a model here.”
9. SHU BILL UPDATE: "THE DEPARTMENT OF CORRECTIONS AND OFFICE OF MENTAL HEALTH’S POSTURE THAT THEY NEED TO SPEND FIVE MORE YEARS AFTER THE OPENING OF MARCY CORRECTIONAL FACILITY TO STUDY ITS OPERATION IS PUZZLING.”
New York State Senator Ruth Hassell-Thompson, Chairwoman of the Standing Committee on Crime Victims, Crime and Correction and her Senate colleagues conducted a public hearing on March 17, 2009 to discuss the Governor’s proposal to delay the implementation of the Special Housing Unit (SHU) Exclusion Bill until 2014.
After over a decade of litigation, the SHU Exclusion Bill was signed into Law as Chapter 1 of 2008. As a result of the SHU Exclusion Bill and the DAI (Disability Advocates, Inc.) Court Approved Settlement, inmates diagnosed with serious mental illnesses would be moved from solitary confinement into residential mental health units (RMHU) under the auspices of the Department of Corrections (DOCS) and Office of Mental Health (OMH). The first of these facilities is to open at Marcy Correctional Facility in September 2009. However, due to New York State’s fiscal crisis, the Governor recommended in his Executive Budget Proposal for 2009-2010 to delay any further expansion.
The hearing focused on the SHU Exclusion Bill and the DAI Settlement and what the potential impact of delaying the implementation will mean to the seriously mentally ill.
"The motivating factor for pursuing the public hearing was to allow the public and persons with expertise relating to this issue the opportunity to weigh in on the proposed delay," said Senator Ruth Hassell-Thompson. "We also heard from officials representing DOCS and OMH, and I am not convinced that this delay is appropriate and will have the least injurious impact on this population."
The participants included The Honorable Sol Wachtler, Retired Chief Judge of the New York Court of Appeals and Professor of Law at Touro Law School; Brian Fischer, Commissioner of the NYS Department of Correctional Services; Richard Miraglia, Deputy Commissioner of the NYS Office of Mental Health; Robert Corliss, Director of Forensic Services for the Mental Health Association of NY, Inc.; Pauline Magnetti of the National Alliance of Mental Illness (NAMI); Nina Loewenstein, Staff Attorney, Disability Advocates, Inc.; Betsy Sterling, Director of Special Litigation and Projects, Prisoners’ Legal Services of New York; and Sarah Kerr, Staff Attorney, Prisoners’ Rights Project Legal Aid Society.
According to Senator Ruth Hassell-Thompson, "The Department of Corrections and Office of Mental Health’s posture that they need to spend five more years after the opening of Marcy Correctional Facility to study its operation is puzzling. They have already had fifteen years to analyze an appropriate mental health treatment and further, they failed to explain what more they expect to learn from Marcy."
10. TEMPORARY WORK RELEASE: PART 2 OF "PRISON RELEASE: WILDERNESS OR PROMISED LAND?", BY AARON TALLEY AND DON MASON (part one was published in the February 2007 issue of Building Bridges)
Part One started out:
A man is released from prison after serving 25 years. He was denied the opportunity to transition back into the reality of the work world; our high-tech society was confusing to him, and he did not have the resources to make a successful transition back into society because there was no temporary release program (education or work release). Within six months he was back in prison. Freedom to him had been the Wilderness not the Promised Land.
Another man came out of prison after serving 25 years. For him freedom was the Promised Land because he made a successful transition and was immediately contributing to society and his family again. He had worked the last two years of his sentence out in society, going back to a facility each evening of the week and had his weekends at home after six months of successful work release. He had saved enough money to help his family move out of public housing and had enough to pay off his family’s debts which they had accrued during his long incarceration. And he gained his self-respect and that of his family back.
It is three years later and we still don’t have work release for violent offenders.
Prior to the Wall Street melt-down, government bail out of many banks and the auto industry, unemployment and mortgage foreclosures at rates not seen since the Great Depression, New York State had more dollars allocated each year in their budget for DOCS ($2.7 billion) than they did for SUNY. The unfortunate fact is that's still true today.
In a 2007 DOCS report published under Commissioner Brian Fischer's name, "Temporary Release Program", statistics are presented that show the steady decline of participation in the TRP from 1995 when then Gov. Pataki gutted the program by eliminating violent offenders from participating, to 2007 when the study was conducted. From the DOC's own statistics, participation in 1995 was 17,953 and gradually decreased to 2,498 in 2007. The report goes on to state that "Despite the decrease in participation of temporary release, inmates, specifically work release and day reporting inmates, have earned $132,923,229.64, paid $36,425,650.05 in federal, state and local taxes, and saved $40,716,993.54 since 1995".
This begs the question, how much money would have been saved if program participation had not been limited? Well, according to the article "Work Release Could Provide Budget Relief", by Alan Rosenthal and Patricia Warth, the state would have had tax revenues of $7 million from the participants if the 1994 level was still in effect. With a $15 billion projected budget short-fall in this year, and the cutting of $385 million for human services it sure seems the 1994 level of participation should be re-instated.
The Governmental Education Organization at Mid-Orange suggests that despite the program’s success in part years, even more stringent qualification criteria be set up to allay the public’s concerns for safety. Please join us in writing your state representatives to encourage them to look at reforming and expanding work release, not just for the savings, but also so prisoners can reach the Promised Land.
11. TRANSPORTATION: CAPITAL DISTRICT
NEST Prison Shuttle schedule: Mt. McGregor, Washington, and Great Meadow CFs on Sat, Jun 6 ($35 adults, $25 children), Coxsackie, Greene, and Hudson on Sat, Jun 13 ($20 adults, $15 children) from Oakwood Ave Presbyt. Church parking lot, Troy at 7 AM, then to Albany Greyhound bus station at 7:15. Sullivan trip (Ulster, Eastern, Woodbourne, Sullivan) on Jun 27 leaving at 6:30 AM ($45 adults, $30 children). Reservations: Linda O'Malley 518- 273-5199.
Free door to door rides from the Capital District: The Justice Committee at the Unitarian Church has 3 volunteer drivers. If you have a loved one in prison and you have no other way of getting to see him or her, maybe we can help. Call us to find out: 518 253 7533
Building Bridges is a joint effort of Prison Action Network
and the FUUSA Justice Committee
The Safe and Fair Evaluation (S.A.F.E.) Parole Act Bill # S 5374 / A 7939
THE PURPOSE OF PAROLE BOARD HEARINGS IS EVALUATING READINESS, NOT PUNISHMENT
The SAFE Parole Act calls for:
Face-to face videotaped parole hearings
In-person interviews
Increase the parole applicant’s trust in the process and in the goal of reintegration
Create an environment in which the parole board can more fully and fairly evaluate applicants
Videotaping interviews ensures that the final record is accurate and detailed
Allows for a more effective review of the hearing
Holds everyone accountable for their conduct
Cost of videotaping hearings is offset by saving the cost of stenographers and the cost of transcripts
No secrets: parole applicant sees everything in the folder that the parole board sees
Results in greater transparency, fairness and trust in the parole process
The applicant can address errors or other information
Ensures a more accurate portrayal of the applicant on which the parole board can base its decision
Release decisions based on rehabilitation and preparedness for reentry and reintegration into society
The parole board is given specific, workable criteria by which to determine the probability that the applicant, if released, will live and remain at liberty without violating the law.
The NYS Transitional Accountability Plan (TAP) provides a meaningful process by which the Parole Board can make decisions regarding rehabilitation and release to parole supervision.
Clear and complete instructions spelling out what the person must do to be released
Alleviates the frustration and confusion experienced by parole applicants when they are not told what they can do in order to be released to parole supervision
This change holds everyone accountable—the applicant, the Department of Correctional Services & Community Supervision and the Parole Board.
Visit www.ParoleReform.org
to send letters to your legislators and record your personal experiences
POSTED JUNE 8 from various sources:
A DAY TO REMEMBER IN ALBANY: ANDREA EVANS'S PAROLE APPOINTMENT IS APPROVED BY SENATE. MINUTES LATER A REPUBLICAN COUP TAKES OVER THE SENATE; MALCOLM SMITH MAKES STATEMENT.
Monday,June 8
3:30pm. Angela Evans was just confirmed by the NYS Senate as Chairwoman of the Parole Board, and CEO of the Division of Parole. Prison Action Network congratulates her, and looks forward to working with her to make NYS a leader in progressive evidence-based parole practices.
4:02 PM Senate changes hands.
Legislative Gazette staff writers and The Associated Press
Sens. Hiram Monserrate and Pedro Espada Jr. have reportedly decided to caucus with the Republican Conference, giving control of the Senate chamber back to the GOP with just 8 days left in session.
The decision by the two New York City Democrats gives Republicans a 32-30 edge in the chamber.
Republicans named Espada temporary president of the Senate and Dean Skelos of Nassau County vice president and majority leader. Skelos is the former majority leader.
5:25 PM Statement by Malcolm Smith
“This was an illegal and unlawful attempt to gain control of the Senate and reverse the will of the people who voted for a Democratic Majority. Nothing has changed, Senator Malcolm A. Smith remains the duly elected Temporary President and Majority Leader. The real Senate Majority is anxious to get back to governing, and will take immediate steps to get us back to work.”
THE NEWS IS COMING IN SO FAST, THAT WE SUGGEST YOU CHECK the Legislative Gazette FREQUENTLY FOR UPDATES IN THE COMING HOURS AND DAYS.
BUILDING BRIDGES JUNE 2008
Dear Reader, Be well, have hope, and please, spread the word.
In this Issue
1. A list of ways you can help create positive change
2. Citizens Against Recidivism reports on "Considering the Evidence on Long term Sentences"
3. Coalition for Fair Criminal Justice Policies Update
4. ICARE Reports
5. Legislation Report
6. Lifers and Longtermers Clearinghouse update on community linkages
7. Parole news and statistics
8. Prison Media: Fancy Broccoli, Soul Spectrum, and Still Here Harlem
9. SHU Bill Hearing held in March to discuss delay in implementation
10. Temporary Work Release: part 2 of "Wilderness or Promised Land"
11. Transportation to Prison
1. WHAT CAN YOU DO? HERE’S A LIST OF THINGS:
ALBANY
Thursday, June 11, 5:30 — 8:00 PM Community Forum: Stop the Violence.
HEAR! About Albany SNUG / Chicago CeaseFire
SHARE! Your ideas and concerns
TELL! What’s up with your efforts
Bring it all together to Stop the Violence! You are the Answer!
Pizza and soft drinks will be served. Albany Housing Authority, 200 South Pearl Street, Parking in Rear
The Community Coalition to Prevent Violence is working with community stakeholders, the University at Albany, and Chicago CeaseFire to implement Operation SNUG, an anti-violence program initiated by Senate Majority Leader Malcolm Smith. Exhibit tables will include information about job training and employment opportunities (call to reserve a table) . For more information: Call: (518) 442-5745 or Email.
BUFFALO:
Monday, June 22, 6:30pm - 8:30pm Prisoners Are People Too will meet at the Pratt-Willert Community Center, 422 Pratt Street in Buffalo. This meeting will consider the ongoing plight of George BaBa Eng, imprisoned for murder in 1977, sentenced to a term of 25 years-to-life, and denied parole four times. Described as a mentor, teacher, brother, friend and “jailhouse lawyer,” by many, he continues to be held due to “the nature of the crime.” As a reformed offender with an excellent disciplinary record, why does the Parole Board not deem him worthy of a “second chance?” Why, after one Parole Commissioner said, “Mr. Eng, you have gone above and beyond my expectations,” is George BaBa Eng still being held?
“Friends of BaBa Eng” will share their thoughts at this meeting and urge others to lend their support to this “prisoner of conscience” who will face his fifth Parole Board hearing in October of this year.
PRP2 programs are sponsored by The Circle of Supporters for Reformed Offenders and Friends of BaBa Eng . For further information, contact Karima Amin: 716-834-8438; karima@prisonersarepeopletoo.org.
NEW YORK CITY:
Saturday June 6, 10:30am - 1pm Coalition For Fair Criminal Justice Policies-NYC Chapter Meeting
On June 6 all interested people are invited to join us as we discuss the actions we’ve taken and make plans for the future. We are hoping to have as our guest Andrea D. Evans, nominee for Chairman of Parole and CEO of the Division of Parole. Please spread the word so we can show her our numbers. RSVP to PAN: 518 253 7533.
Location: Fortune Society’s Academy aka Castle, 630 Riverside Drive at W.140th St. 137th St. stop on the #1 train.
STATEN ISLAND
Tuesday June 8 at 7pm Circle of Love Prison Support Group
Serving those, and the families of those, who have been impacted by incarceration and the circumstances surrounding it.
Meetings every second Tuesday of the month, providing a role model that will help steer formerly incarcerated men and women through this turbulent time of transition
Central Family Life Center, 59 Wright Street - between VanDuzer and Water Sts - in Stapleton, Staten Island
For information: Antoinnette Donegan 646 932 3295, email:
TROY, AMSTERDAM, ALBANY, BUFFALO, LA FAYETTE, NEWBURGH, ROCHESTER, UTICA
Youth Construction Initiative Program (YCIP)
An on-the-job training experience for non-college bound students, designed to afford 11th and 12th graders, especially minorities, females and the economically disadvantaged, an opportunity to explore careers in heavy highway construction. Free, with monthly stipends. Contact YCIP program director Ladan Alomar at 518 842 3762, or 518 944 3620 to find out more.
2. CITIZENS AGAINST RECIDIVISM REPORTS ON MAY 5TH PANEL DISCUSSION, “CONSIDERING THE EVIDENCE ON LONG TERM SENTENCES”. PANELISTS SAY, “PAROLE DECISIONS OFTEN FLY IN THE FACE OF EVIDENCE SUGGESTING THAT THE CLASS LEAST LIKELY TO BE RELEASED IS MADE UP OF THOSE (DESCRIBED AS MODEL PRISONERS) WHO ARE LEAST LIKELY TO RECIDIVATE”
The panel included participatory researchers, policy reformers and criminal justice advocates assembled at CUNY’s Graduate Center to review evidence relating to people in prison with long term sentences, particularly those who had committed violent offenses. The group was assembled to discuss current policies toward this class of incarcerated people and to suggest the implementation of various policies regarding them and others among the incarcerated population [whose release] is thought to better serve the public interest and increase public safety. The discussion was lead by Dr. Michelle Fine, a Distinguished Professor at the CUNY Graduate Center. Panelists included Kathy Boudin, Eric Waters (Osbourne Association), Mika’il DeVeaux (Citizens Against Recidivism, Inc.), Carla Marquez (Ph.D. candidate at the Graduate Center) and Felipe Vargas (The Doe Fund).
The evening began with a recount of the “irrationality and fiscal and moral costs of bulging (US) prisons,” including the consequences of current incarceration policies in the American society (1 out of 100 adults incarcerated), particularly the impact these policies have had on communities of color (1 out of 9 African American men are incarcerated), and on the millions of children who have a parent in prison, on parole or probation.
Although 95% of those who are in prison are eventually released (most on parole supervision), many have endured increasingly longer sentences in part because of de facto resentencing by parole commissioners. Parole decisions often fly in the face of evidence suggesting that the class least likely to be released is made up of those described as model prisoners who are least likely to recidivate.
Between 1985 and 2002, 1,105 people were released after serving a sentence for murder. Only 3% (33 people) convicted of murder returned for a new commitment and 17% (189 individuals) returned for a parole violation. Their overall return rate was half of that for all DOCS releases.
Panelists provided the audience with detailed information regarding New York State Law [Executive Law 259-i(2)(c)(A) ] governing parole release and the guidelines for granting parole but also noted that the criteria were not equally weighted because many were repeatedly denied parole solely because of the nature of the crime.
It was pointed out that more emphasis needed to be placed on how people are “treated” while incarcerated and the “condition” they would be in when they were released. If public safety is the primary goal of our criminal justice system, then strategies to return people to the community in conditions better than they were when they entered prison should be in use.
Panelists reviewed the functions of the prison system (rehabilitation, punishment, deterrence, and incapacitation), several sentencing structures (determinate, indeterminate, and mandatory minimums) and the impact and benefits of each as a preface to introducing the mission of the New York State Division of Parole: To promote public safety by preparing inmates for release and supervising parolees to the successful completion of their sentence.
Calling for an emphasis on treatment and an effort to prepare people in prison for release, panelists argued for a shift from current parole policies to one that truly linked preparation/programming (e.g., college and meaningful vocational training) to accelerated release; a commitment from the Departments of Corrections and Parole to provide programming that aided development and or facilitated release of people in conditions better than the ones in which they entered prison; and that the focus in this regard begin as soon as people entered prison rather than mere months before parole eligibility.
There was a call for providing contracts between people in prison and paroling authorities that would outline performance measures needed to become eligible for parole release including skill training, education, institutional behavior, substance abuse treatment, work or job assignment, etc. The contract would define a definite release date contingent upon successful completion of the terms of the agreement in keeping with the idea of 'a reasonable expectation’ of being released to parole supervision, assuming participation in rehabilitation programs and the maintenance of a good disciplinary record
To enhance public safety while “supervising parolees to the successful completion of their sentence” panelists argued for:
· A policy shift that focused on case management/case planning;
· Clarification of the criteria for success and milestones along the way;
· Tailored conditions of parole (conditions relative to risk);
· Gradual lifting of sanctions for people on parole who meet agreed upon goals and conditions of parole;
· Shifting of the focus to those who presented the greatest risk of violating the terms of their parole;
· Involvement of the people on parole in the case planning process;
· Involvement of the family, community members, or other informal social networks in case planning and supervision;
· Incentives for goal completion;
· Make consequence of violations of conditions clear;
· Implement earned discharge, i.e. opportunity for early discharge from parole for meeting and maintaining conditions of parole, program participation and or goals set.
Panelists talked about the “paradox of post-prison life” where many who return from prison feel “invisible” and separate from the larger society, while being expected to overcome the many barriers to reintegration they face the social stigma of having a history of criminality.
3. COALITION FOR FAIR CRIMINAL JUSTICE POLICIES GENERAL MEETING ON JUNE 6 TO DISCUSS CANCELLATION OF REINSTATEMENT CAMPAIGN AND WHERE TO GO FROM HERE REGARDING THE PROGRESS OF OUR MONTHLY MEETINGS. POLICY COMMITTEE MET WITH LEGISLATORS, WILL HOLD ALL DAY MEETING ON JUNE 20 TO WORK ON PAROLE LEGISLATION GOAL.
General Meeting Report:
We did not meet in May. Our next meeting on June 6 is announced above, in Article 1. We hope to be joined by Andrea Evans, Governor Paterson’s nominee for the top position in the Division of Parole.
Policy Committee Report:
On May 14 two members of the Policy Committee met with Sandy Stewart and Juan Martinez from Senator Montgomery’s office to present them with statistics showing that approximately $81 million to $250 million per year can be saved by the passage of a Merit Time bill that includes all violent felons excluding certain categories. The broad range is the result of different estimates of the annual maintenance cost per incarcerated person and the average reduction in time served.
On June 20 we will meet in Albany for an all day work retreat to continue the task of developing a narrative description of our policy goal for Parole Reform. We hope to have the document completed by September 2009. In preparation for our meeting we are reading a publication of the National Institute of Corrections, called Comprehensive Framework for Paroling Authorities in an Era of Evidence-Based Practices. If you’re interested it’s available at http://nicic.gov/Library/022906.
4. ICARE REPORTS
As ICARE has engaged in organizational development over the last several weeks - having submitted a lengthy financial review as well as beginning preparations for a day-long annual meeting in mid-June, members of the board are focused on the tasks at hand (policy advocacy, correspondence and reentry ministry, and information dissemination) and the challenges posed by the current economy. We are continuing to plan strategically with the resources at hand and remain committed to pushing a progressive policy agenda in Albany, specifically on barriers related to employment and criminal records.
- Rima Vesely-Flad
5. LEGISLATION: THERE WAS AN ERROR IN MAY’S REPORT ON A7564 AND PENAL LAW 803-B; MERIT TIME BILL UPDATE; BILL TO DELETE CRIMINAL HISTORY FROM DOCS WEBSITE [Copies of all bills mentioned are available at http://public.leginfo.state.ny.us/menuf.cgi]
Corrections:
1. A7564: Merit time for Non-Violent Inmates[sic]
We mistakenly added an extra zero to the number of keeplock days it takes to disqualify a person. It should have read 60 days, not 600 days! That’s a big difference, and we’re sorry if we mislead you.
2. Penal Law 803-B Six Month Credit Time Allowance:
I thought the denial of the 6 month credit to those who had had any good behavior time credit withheld applied to both indeterminate and determinate sentences, but there are those who think it applies only to those with a determinate sentence. When I went back to read the law, it is so long and so complicated that I must excuse myself from reporting on it. I simply don't understand what it is saying. Remember, I'm not a lawyer and neither is anyone else on our staff. If any reader is competant to resolve this question, it would be appreciated.
The following bills have sponsorship in both houses of the legislature and are in committee awaiting a decision whether to move them to a vote.
Merit Time Bills S49/A172 and S2932/A6487 Update:
We are still waiting to see if either of these bills will be moved out of committee and/or revised beforehand. S2932 will be on the committee’s agenda for June 1.
S4406-B Hassell-Thompson/ A 3131-b Bradley (Ms) Deleting Criminal History from DOCS Website
Correction Law
TITLE....Provides the criminal information of certain persons may only be posted on the department of corrections' website for a period not to exceed five years after his or her release
STATUS (included so you can see the process and the amount of time it’s taken):
04/22/09 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
05/07/09 AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION
05/07/09 PRINT NUMBER 4406A
05/18/09 1ST REPORT CAL.349
05/19/09 2ND REPORT CAL.
05/20/09 AMENDED 4406B
05/20/09 ADVANCED TO THIRD READING
SUMMARY OF PROVISIONS:
Section one amends the correction law by adding a new section 9 which provides that any information relating to the conviction of a person may be posted on the department's website for a period not to exceed five years after the expiration of such person's sentence of imprisonment and any period of parole or post-release supervision. However, in the case of a person who has been committed to the department on more than one occasion, the department may post conviction information relating to any prior commitment on such website for a period not to exceed five years after the expiration of such person's sentence of imprisonment and any period of parole or post-release supervision arising from the most recent commitment to the department.
The foregoing provisions do not apply to any person who is convicted of an offense that would make the person ineligible for merit time under section 803 of the correction law (violent offenders) or to persons required to register as a sex offender.
6. LIFERS AND LONGTERMERS CLEARINGHOUSE: HOPE LIVES FOR LIFERS PROJECT IS IN THE PROCESS OF IDENTIFYING LIFER ORGANIZATIONS IN THOSE FACILITIES CLOSE TO THE NEW YORK CITY AREA WHERE WE ARE BASED SO THAT WE CAN VISIT AND ENGAGE IN DISCUSSIONS TO DETERMINE WHAT THE PROMINENT NEEDS ARE
My primary mission upon release from prison was to develop community linkages that would 1) sponsor approved prison organizations, and 2) work collaboratively with prison organizations to jointly develop programs and services that reverse criminal behavior and improve opportunities for release.
Developing community linkages is a complex task and I have probably given those I left behind the impression that I have made more progress than I actually have. And so I need to clarify some things, especially in regard to the Hope Lives for Lifers project.
Hope Lives for Lifers is a project of the Doing Justice Coalition. The Doing Justice Coalition is a collaborative partnership between faith communities and criminal justice practitioners to improve criminal justice outcomes by integrating the concepts of faith, hope and enduring beliefs with evidence based practices and non-traditional approaches to social justice.
The Doing Justice Coalition created a number of subcommittees designed to address specific criminal justice issues. One such committee was the Lifers and Long-Termers subcommittee. That subcommittee developed the Hope Lives for Lifers as a project designed to address the specific needs of those serving life, long-term and life without parole sentences.
Members of the Hope Lives for Lifers project are drawn from a broad cross-section of faith communities, criminal justice involvements and social justice activities. Although we are committed to providing a collaborative linkage with approved long-termer organizations, we are still in the formative stages of development. We are in the process of identifying lifer organizations in those facilities close to the New York City area where we are based so that we can visit and engage in discussions to determine what the prominent needs are.
Once we have gathered enough information to state just what needs we plan to address, we will meet with central office to gain approval of our programs. While we are in the process of making these moves, please stay in touch and continue to inform us of your involvements.
-- Larry White
7. PAROLE NEWS: ANDREA D. EVANS IS NOMINATED FOR HEAD OF PAROLE; PART 6 OF PAROLE HANDBOOK; ADDITION TO PAROLE WEBSITE PROVIDES PAROLE SUPERVISION STATUS OF INDIVIDUALS ON PAROLE; APRIL AND MAY PAROLE STATISTICS
.
On Friday May 22 at 6:30pm Governor David A. Paterson announced the nomination of Andrea D. Evans as Chair of the State Board of Parole and Chief Executive Officer of the Division.
According to the Governor's website, "Ms. Evans is the current Director of the Division of Parole for Region II, an area encompassing Brooklyn, Queens and Staten Island. In this position, she oversees the operation of four Area Offices, including one located in 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.
From 2000 to 2006, Ms. Evans served as Special Assistant to the Downstate Director of Operations. From 1997-2000, she worked as an Investigator in the Division of Parole’s Office for Professional Responsibility, where she conducted investigations into allegations of professional misconduct. From 1994 to 1997, Ms. Evans was a Senior Parole Officer and served as Acting Supervisor in the Bronx Area Office. Additionally, she worked as a Parole Revocation Officer from 1990 to 1994. Ms. Evans began her career with the Division in 1986 as a Parole Officer.
Prior to joining the State Division of Parole, Ms. Evans worked for the Central Brooklyn Coordinating Council from 1979 to 1986, a community-based family services and support organization dedicated to foster care prevention.
Ms. Evans holds a B.A. in Psychology from the City College of New York.
This position requires Senate confirmation."
PART 6 ON PAROLE AND PAROLE BOARD ACTIVITIES IN STATE CORRECTIONAL FACILITIES
[available online at http://parole.state.ny.us/Handbook.pdf ]
What does parole and parole eligibility mean?
Parole is release granted by the Board of Parole as a matter of discretion after you have served a portion of your sentence. Parole eligibility occurs when you have served the minimum period of imprisonment, as established by statute. However, if you successfully complete a Shock Incarceration Program and are granted a Certificate of Earned Eligibility by the Department of Correctional Services, you may become eligible for parole before you complete your minimum period of imprisonment. You may also become eligible for parole before reaching your minimum term by earning Merit Time. Inmates with Final Orders of Deportation in place may be considered for release, for deportation only, prior to completion of their minimum sentences. Finally, certain terminally ill inmates may be eligible for Parole Board review before serving a minimum term.
Do I have to submit an application for parole release?
No. Once you reach an applicable eligibility date, you will be automatically scheduled for Parole Board release consideration.
How do I become “ready” for parole?
Parole “readiness” includes several factors. It is important that you demonstrate good prison behavior throughout your period of incarceration. Becoming involved in prison programming offers you an opportunity to improve your education and acquire new skills.
For example, there are programs provided by DOCS which include substance abuse counseling, as well as education and self-help groups. Such programs may help you learn how to cope with drug and alcohol problems upon your release. There are many opportunities in prison for you to learn more about yourself and to make important strides in self-improvement.
Correction Counselors and facility Parole Officers can advise you about becoming “release ready” and using your time in prison to your best advantage.
PAROLEE INFORMATION IS NOW AVAILABLE ON PAROLE WEBSITE [www.parole.state.ny.us]
Public can access the parole supervision status of individuals
Henry Lemons, interim chairman of the New York State Division of Parole, announced the launch of a new “parolee lookup” feature on the Division’s website, www.parole.state.ny.us. The public can now access real-time information on the parole status of those currently under supervision as well as those who have completed their supervision.
“Victims, members of law enforcement, state and federal criminal justice agencies and family members routinely have questions about the status of an individual’s parole supervision,” Lemons said. “By creating this valuable online tool, people can have access to this important information 24 hours a day.”
After entering specific information about a person under parole supervision such as a name or identification number, the public will be able to search for details about that individual’s parole status. Data that is available includes the county where the crime was committed, crime of conviction, the date parole supervision began, the status of parole supervision, the address of the parole office that an individual reports to as well as the name and contact telephone number for the parole officer overseeing the case.
The addition of the look-up feature on the website is part of the Division’s goal to make its work more transparent and readily available to the public. It follows the 2008 online addition of the Parole Board interview schedule that allows users to look back at Parole Board determinations over a two year period, and locate the parole interview dates of persons that are scheduled to come before the Board in the next four months.
APRIL 2009 PAROLE BOARD RELEASES – A1 VIOLENT FELONS – unofficial research from parole database
Total Interviews # Released # Denied Rate of Release
16 initials 2 14 13%
70 reappearances 22 48 31%
86 total interviews 24 62 28%
April Initial Releases
Facility Sentence Offense # of Board
Eastern 15-Life Conspiracy 1 initial
Wende 25-Life Murder 2 initial
April Reappearances
Facility Sentence Offense Eligibility Date # of Board
Arthurkill 15-Life Murder 2 9/5/93 9th board
Arthurkill 25-Life Murder 2 7/29/07 2nd board
Bare Hill 15-Life Murder 2 9/11/03 4th board
Cape Vincent 25-Life Murder 2 10/22/05 3rd board
Fishkill 15-Life Murder 2 8/25/05 3rd board
Fishkill 16-Life Murder 2 8/21/05 3rd board
Fishkill 25-Life Murder 2 8/23/03 4th board
Fishkill 25-Life Murder 2 3/23/01 5th board
Fishkill 25-Life Murder 2 6/12/02 4th board
Franklin 15-Life Att Murder 1 7/21/06 3rd board
Franklin 15-Life Murder 2 8/3/99 6th board
Gowanda 20-Life Murder 2 9/7/07 2nd board
Great Meadow 25-Life Murder 2 10/20/05 spec cons + 3 boards
Groveland 25-Life Murder pre-74 8/17/97 7th board
Oneida 15-Life Murder 2 8/25/93 9th board
Shawangunk 16 1/2- Life Murder 2 8/19/95 8th board
Wallkill 15-Life Murder 2 2/27/01 5th board
Woodbourne 15-Life Murder 2 8/30/97 7th board
Woodbourne 15-Life Murder 2 8/26/05 3rd board
Woodbourne 17 1/2-Life Murder 2 8/15/03 4th board
Washington 20-Life Murder pre-74 8/26/90 11th board?
Woodbourne 25-Life Murder 2 8/5/07 2nd board
[It appears that May releases were very low. Not one single person with an A1 violent felony conviction got out on his (no females) first board this month, and only 10 A1VFs got out on reappearances.]
MAY RELEASES BASED ON REPORTS FROM PRISON. (Please note that the following statistics are not all limited to people convicted of A1 Violent felonies - some include all parole hearings):
MID-ORANGE
May - Hernandez, Smith, Thompson
25 appearances
5 were paroled (2 were A1VO; 1 of whom was de novo)
20 denials
No postponements
All denials were for 2 years
SULLIVAN ANNEX
May - Clarke and ?
2 appearances (both violent)
0 were paroled: 1 was second board, the other was 4th board
Both got 2 year holds
WOODBOURNE
May - Clarke and Hagler
12 Appearances: 1 granted parole; 9 denied; 2 postponed
A1VO: 6 seen, 0 granted, 5 denied, 1 postponed
GRAZIANO VS PATAKI: No new developments in May.
8. PRISON MEDIA: RADIO: FANCY BROCCOLI, WITH KATHY AND ERNEST HENRY; SOUL!, WITH LIBERTY GREEN, ARTICLE IN NY TIMES: JOSEPH ‘JAZZ” HAYDEN’S STILL HERE HARLEM PRODUCTIONS
FANCY BROCCOLI RADIO SHOW, WVKR 91.3 FM - Sundays - Jazz & Prison Talk, 3:00-6:00 pm
Box 726, Vassar College, Poughkeepsie NY 12604-0726
June Schedule (subject to change)
Sunday, Jun 7 - Sean Pica and Ernest Henry (Formerly Incarcerated Husbands) Discuss Committed Relationships 'During and After' Prison - You Come Home... 'then what!?' We need your input (see address below)
Sunday, Jun 21 - Tom and Laura Lagana - Publishers of 'Chicken Soup for a Prisoner's Soul,' and New Book: 'Serving Productive Time'
SOUL SPECTRUM, WJFF Radio Catskill 90.5FM [www.wjffradio.org]
PO Box 546, Jeffersonville, NY 12748 Voice Box Call-in Comment Line: 845 431 6500
Every week on Thursday at 11pm, Liberty Green brings to the airwaves a stack of soul records and a whole lot more including "Silly Love Songs" and letters, some of which come from the many incarcerated men and women living in prisons in range of the station’s signal.
A NEWSROOM TO COVER THE DISENFRANCHISED VOICES IN HARLEM
From the NY Times, 5/18, NY Region section, by Jason Grant [
Excerpts:[Read the entire article here.]
Mr. [Joseph ‘Jazz’] Hayden, 68, calls himself a news junkie, but adds that what he sees or, more to the point, does not see on the news can be infuriating.
“There’s not enough air time for low-income communities and our issues and ideas,” he said as he leaned back into his newsroom’s couch, a small jade Buddha and gold chain hanging from his neck. “All they talk about is the middle class. They never look down. No one talks to us. They never ask my opinion.” During last year’s presidential campaign, he said, he “stayed virtually in a state of rage because the mainstream media. They talked with such arrogance and such certitude about what the American people felt.”
Determined to change that, at least on a local level, he and two other men last year invested $40,000 to start a news organization, Still Here Harlem Productions, that would, in the words of its mission statement, “cover every aspect of the community life of the marginalized and voiceless in Harlem,” which stretches, as Mr. Hayden is fond of saying, “from West 110th Street to Washington Heights, and river to river.”
Still Here’s half-hour videos began appearing on the Manhattan Neighborhood Network cable channel in September, and in February Mr. Hayden started a Web site, All Things Harlem, which posts video news reports and recordings of Harlem political, social and cultural events.
Mr. Hayden was born in Harlem, and though his current life revolves around television and the Internet, his earlier decades read like chapters in a crime novel. The son of a housecleaner who raised the family by herself, he was first locked up at 16, for heroin possession. He landed in Attica on another conviction (which he said was later overturned), for the attempted murder of a police officer, and he left right before inmates seized the prison. By the time he was in his 30s, he was running nightclubs and had become an associate of Nicky Barnes, the leader of one of the city’s largest heroin rings.
“To me, crime is a response,” Mr. Hayden said. “You play the hand you’re dealt in life. And the hand I was dealt was very harsh.”
Back in his newsroom, the huge television was still on and Mr. Hayden’s hands swept the air as he discussed how his vision was unfolding. “Everybody in the world knows about Harlem,” he said. “So I figured if I could limit my coverage, if I could just cover this community effectively, then I could build a model here.”
9. SHU BILL UPDATE: "THE DEPARTMENT OF CORRECTIONS AND OFFICE OF MENTAL HEALTH’S POSTURE THAT THEY NEED TO SPEND FIVE MORE YEARS AFTER THE OPENING OF MARCY CORRECTIONAL FACILITY TO STUDY ITS OPERATION IS PUZZLING.”
New York State Senator Ruth Hassell-Thompson, Chairwoman of the Standing Committee on Crime Victims, Crime and Correction and her Senate colleagues conducted a public hearing on March 17, 2009 to discuss the Governor’s proposal to delay the implementation of the Special Housing Unit (SHU) Exclusion Bill until 2014.
After over a decade of litigation, the SHU Exclusion Bill was signed into Law as Chapter 1 of 2008. As a result of the SHU Exclusion Bill and the DAI (Disability Advocates, Inc.) Court Approved Settlement, inmates diagnosed with serious mental illnesses would be moved from solitary confinement into residential mental health units (RMHU) under the auspices of the Department of Corrections (DOCS) and Office of Mental Health (OMH). The first of these facilities is to open at Marcy Correctional Facility in September 2009. However, due to New York State’s fiscal crisis, the Governor recommended in his Executive Budget Proposal for 2009-2010 to delay any further expansion.
The hearing focused on the SHU Exclusion Bill and the DAI Settlement and what the potential impact of delaying the implementation will mean to the seriously mentally ill.
"The motivating factor for pursuing the public hearing was to allow the public and persons with expertise relating to this issue the opportunity to weigh in on the proposed delay," said Senator Ruth Hassell-Thompson. "We also heard from officials representing DOCS and OMH, and I am not convinced that this delay is appropriate and will have the least injurious impact on this population."
The participants included The Honorable Sol Wachtler, Retired Chief Judge of the New York Court of Appeals and Professor of Law at Touro Law School; Brian Fischer, Commissioner of the NYS Department of Correctional Services; Richard Miraglia, Deputy Commissioner of the NYS Office of Mental Health; Robert Corliss, Director of Forensic Services for the Mental Health Association of NY, Inc.; Pauline Magnetti of the National Alliance of Mental Illness (NAMI); Nina Loewenstein, Staff Attorney, Disability Advocates, Inc.; Betsy Sterling, Director of Special Litigation and Projects, Prisoners’ Legal Services of New York; and Sarah Kerr, Staff Attorney, Prisoners’ Rights Project Legal Aid Society.
According to Senator Ruth Hassell-Thompson, "The Department of Corrections and Office of Mental Health’s posture that they need to spend five more years after the opening of Marcy Correctional Facility to study its operation is puzzling. They have already had fifteen years to analyze an appropriate mental health treatment and further, they failed to explain what more they expect to learn from Marcy."
10. TEMPORARY WORK RELEASE: PART 2 OF "PRISON RELEASE: WILDERNESS OR PROMISED LAND?", BY AARON TALLEY AND DON MASON (part one was published in the February 2007 issue of Building Bridges)
Part One started out:
A man is released from prison after serving 25 years. He was denied the opportunity to transition back into the reality of the work world; our high-tech society was confusing to him, and he did not have the resources to make a successful transition back into society because there was no temporary release program (education or work release). Within six months he was back in prison. Freedom to him had been the Wilderness not the Promised Land.
Another man came out of prison after serving 25 years. For him freedom was the Promised Land because he made a successful transition and was immediately contributing to society and his family again. He had worked the last two years of his sentence out in society, going back to a facility each evening of the week and had his weekends at home after six months of successful work release. He had saved enough money to help his family move out of public housing and had enough to pay off his family’s debts which they had accrued during his long incarceration. And he gained his self-respect and that of his family back.
It is three years later and we still don’t have work release for violent offenders.
Prior to the Wall Street melt-down, government bail out of many banks and the auto industry, unemployment and mortgage foreclosures at rates not seen since the Great Depression, New York State had more dollars allocated each year in their budget for DOCS ($2.7 billion) than they did for SUNY. The unfortunate fact is that's still true today.
In a 2007 DOCS report published under Commissioner Brian Fischer's name, "Temporary Release Program", statistics are presented that show the steady decline of participation in the TRP from 1995 when then Gov. Pataki gutted the program by eliminating violent offenders from participating, to 2007 when the study was conducted. From the DOC's own statistics, participation in 1995 was 17,953 and gradually decreased to 2,498 in 2007. The report goes on to state that "Despite the decrease in participation of temporary release, inmates, specifically work release and day reporting inmates, have earned $132,923,229.64, paid $36,425,650.05 in federal, state and local taxes, and saved $40,716,993.54 since 1995".
This begs the question, how much money would have been saved if program participation had not been limited? Well, according to the article "Work Release Could Provide Budget Relief", by Alan Rosenthal and Patricia Warth, the state would have had tax revenues of $7 million from the participants if the 1994 level was still in effect. With a $15 billion projected budget short-fall in this year, and the cutting of $385 million for human services it sure seems the 1994 level of participation should be re-instated.
The Governmental Education Organization at Mid-Orange suggests that despite the program’s success in part years, even more stringent qualification criteria be set up to allay the public’s concerns for safety. Please join us in writing your state representatives to encourage them to look at reforming and expanding work release, not just for the savings, but also so prisoners can reach the Promised Land.
11. TRANSPORTATION: CAPITAL DISTRICT
NEST Prison Shuttle schedule: Mt. McGregor, Washington, and Great Meadow CFs on Sat, Jun 6 ($35 adults, $25 children), Coxsackie, Greene, and Hudson on Sat, Jun 13 ($20 adults, $15 children) from Oakwood Ave Presbyt. Church parking lot, Troy at 7 AM, then to Albany Greyhound bus station at 7:15. Sullivan trip (Ulster, Eastern, Woodbourne, Sullivan) on Jun 27 leaving at 6:30 AM ($45 adults, $30 children). Reservations: Linda O'Malley 518- 273-5199.
Free door to door rides from the Capital District: The Justice Committee at the Unitarian Church has 3 volunteer drivers. If you have a loved one in prison and you have no other way of getting to see him or her, maybe we can help. Call us to find out: 518 253 7533
Building Bridges is a joint effort of Prison Action Network
and the FUUSA Justice Committee
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