Please scroll down past the late breaking news to get to the Building Bridges monthly newsletter.
Posted 9/15; from People's Movement
"What do we want?-JUSTICE!"
"When do we want it?-NOW!"
Many of you are fully aware of the activities we have engaging on in order to
bring about much needed change and fair opportunities for our fellow peers.
One of the issue's we've been waging against is the creation of the new bronx
jail being planned for hunts point, thus i forward this new website so that the
resources being provided can be fully utilized and passed on to the families,
friends, and loved one's with someone in jail whom you may know of.Let's
continue to ensure that those already in nyc jails with a mental illness
diagnosis recieves prior to being released appropriate discharge planning.
Let us continue with our push for crisis intervention teams within the
precienct here in nyc so that we may be able to keep our peers from being
placed in jail, possibly being hurt by an nypd officer due to not being
appropriately trained to handle situations involving peers overwhelmed
psychiatrically.
We are having our next meeting on September 17th, 2008 at 1750 Davidson Avenue
-(East 176st Street, in the bronx)- the meeting is being held within the
community room at 6pm.
contact lisa via phone @ 646-260-6575 or carlos @ 718-825-9284
looking forward to seeing you all there.
For those who hadn't noticed, the New York City Board of Correction now has a
website:
www.nyc.gov/html/boc/html/home/home.shtml"
"Only Through Direct Action Will Change Take Place".....
Posted September 15; from Amnesty International re: TROY DAVIS:
The Georgia Board of Pardons and Parole denied clemency to Troy Anthony Davis on September 12, but can revisit this decision at any time between now and September 23.
In July 2007, they issued a decision to stay the execution of Troy Davis in July 2007, stating that the Board "will not allow an execution to proceed in this State unless and until its members are convinced that there is no doubt as to the guilt of the accused." In March, the Georgia Supreme Court denied Troy Davis a hearing, so doubts of his guilt will always remain. Therefore we urge them to commute his sentence.
Mr. Davis has been on death row in Georgia for more than 15 years for the murder of a police officer he maintains that he did not commit. Davis' conviction was not based on any physical evidence, and the murder weapon was never found. Instead, the case was based solely on the testimony of witnesses, many of whom now allege police coercion, and most of whom have since recanted their testimony. Despite mounting evidence that Davis may in fact be innocent of the crime, appeals to courts to hold a hearing on this evidence have been repeatedly denied for procedural reasons.
This case has generated widespread attention, which reflects serious concerns in Georgia and throughout the United States about the potential for executing an innocent man. Nothing can undermine public faith in a criminal justice system faster than an execution when serious doubts about guilt have not been resolved. The power of clemency exists as a safety net to prevent such an irreversible error and preserve public confidence in the state’s capacity for justice. The integrity of justice in Georgia is at stake in this case.
The Georgia Board of Pardons and Parole can either take into account compelling evidence challenging his guilt, or they will choose to ignore that evidence and allow his sentence to stand. They have to power to stop this indefensible execution and we must implore them to make the right decision.
Can you take 30 seconds and help save the life of a man who is almost certainly innocent? You can learn more and take action here:
takeaction.amnestyusa.org
Posted September 15, from Telephone Justice Campaign,CCR:
The NY State Comptroller is currently investigating Global Tel*Link’s claims that the bidding process for the NY prison telephone contract was unfair. We know that it was fair because it complied with the Family Connections bill, which we all worked together to get passed last year. Please click on the link in the message below to sign a petition to the Comptroller asking that they speed up the process and give us our new contract!
in struggle,
___________________ _____________________
lauren melodia | center for constitutional rights | 666 broadway 7th floor | ny ny 10012 | 212.614.6481 | lmelodia@ccrjustice.org
Dear Supporter,
Put an end to 10 years and $225 million of an illegal NYDOCS tax.
Sign a petition to the New York State Comptroller and help expedite a new prison telephone contract to ease the financial burden on families with loved ones in New York State prisons. It has been more than a year since we passed the Family Connections Act and ended the 57.5 percent kickback to the State on all prison calls.
Tell the State Comptroller, who is currently investigating complaints by the phone company that previously held the contract, that he should approve the new contract now so that families can finally get the fair rate they deserve.
In related news this week, CCR attorney Darius Charney made oral arguments in an appeal before the New York State Supreme Court to challenge the constitutionality of the unlawful tax. We asked the court to reverse the most recent dismissal in Walton v. NYSDOCS and allow families to be com pensated for 10 years of the unjust, illegal tax, which amounted to $225 million out of their pockets. It is also critical that the court rule in the case so that no future administration can bring back the kickback contract.
Thank you for your help.
Sincerely,
Annette Dickerson
Director of Education and Outreach
Center for Constitutional Rights
BUILDING BRIDGES, SEPTEMBER EDITION:
Dear Reader,
Are you aware that volunteers produce Building Bridges and present Family Empowerment Day and don’t get paid one penny for their labors? In fact money comes out of our pockets when there's a shortage. We don't do it for the glory, believe me. Sometimes our loved ones complain bitterly that we spend more time doing PAN work than with them. But we do it because working for justice is the best antidote to despair there is! We invite you to join us in this work and the spiritual rewards it brings.
To make Family Empowerment Day 4 a success, we need everyone reading these words to spread the word, encourage everyone in your family and circle of friends to attend, and dig into your pockets to help pay for it. No amount is too small. We've always paid for it with lots and lots of small donations plus a few big ones from people who can afford it. What's important is that in the end we all can feel proud of what we accomplished together.
I've been wondering why it should be so hard to achieve the changes we seek. We aren't asking for anything that would not benefit everyone, so why do we come up against so many obstacles? We're asking for justice, fairness, forgiveness, and second chances. Those are the values we believe in. Who on earth does not want to be treated justly and fairly, forgiven when we do wrong, and given a second chance to do right? Well, if we want it for ourselves then we must provide it for everyone. It could be you next who is unjustly arrested, convicted or held forever in prison. For some readers it already has been.
Many of our opponents scream "public safety!" whenever anyone is released on parole. Understandably they're afraid that someone who’s released will commit another crime. We all want to live in a safe society, not worrying that harm can befall us at any moment. But I believe it’s more likely that we’ll be harmed by injustice, inequity, inequality, prejudice and hate than from crimes against property or life. If you agree, please join me at Family Empowerment Day 4 - NYC when we plan to take action in support of OUR values: Public Safety through Justice, Fairness, Equality, Acceptance, and Love!
Our new mailing address is Prison Action Network, PO Box 6355, Albany NY 12206. (Where you can send donations for Family Empowerment Day! Please....)
In this Issue:
1. Abuse of women in prison
2. Clemency study looking for people
3. Family Empowerment Day 4/NYC
4. FBI urges public tours of prisons
5. Legislative updates
6. Lifers and Longtermers Clearinghouse
7. Parole
8. Prison radio
9. Reentry
10. School to prison pipeline
11. Transportation to prisons
12. Voting
13. What's happening around New York State
1. ABUSE OF WOMEN IN PRISON: MORE THAN 50 PER CENT OF ALL WOMEN IN U.S. PRISONS HAVE BEEN SEXUALLY ABUSED
Excerpts from an article published Monday, Aug 11, 2008, By Kaleem Omar, The News (Pakistan)
[send for complete article by sending a request to PAN]
More than 50 per cent of all female prisoners in the United States have experienced some form of sexual abuse. Seventy per cent of guards in the 170 state prison facilities for women across the United States are men. In Canadian women’s prisons, 91 per cent of the guards are female.
An Amnesty International report says, “Sexual abuse is virtually a fact of life for incarcerated women in the US.” The report’s findings are reinforced by a study conducted by the US-based Human Rights Watch, which says that “being a woman prisoner in American prisons can be a terrifying experience.”
It can be examined in terms of powerlessness, humiliation, retaliation and fear. If a woman is sexually abused, she cannot escape from her abuser. Grievances or investigatory procedures, where they do exist, are often ineffectual, and correctional employees continue to engage in abuse because they believe they will rarely be held accountable, administratively or criminally. The women are often afraid to report such incidences. Guards frequently threaten to take away visitation rights to keep them quiet. Male correctional officers and staff have also engaged in regular verbal degradation and harassment of female prisoners, thus contributing to a custodial environment in the state prisons for women, which is often highly sexualised and excessively hostile.
In some instances, women have been impregnated as a result of sexual misconduct, and some of these prisoners have faced additional abuse in the form of inappropriate segregation, denial of adequate health care, and/or pressure to seek an abortion, says the Human Rights Watch report. One of the clear contributing factors to sexual misconduct in US prisons for women is that the United States, despite authoritative international rules to the contrary, allows male correctional employees to hold contact positions over prisoners, that is, positions in which they serve in constant physical proximity to the prisoners of the opposite sex.
Under the United Nations Standard Minimum Rules for the Treatment of Prisoners (Standard Minimum Rules), which constitute an authoritative guide to international law regarding the treatment of prisoners, male officers are precluded from holding such contact positions. However, since the passage of the US Civil Rights Act of 1964, US employers have been prohibited from denying a person a job solely on the basis of gender unless the person’s gender was reasonably necessary to the performance of the specific job.
2. CLEMENCY STUDY LOOKING FOR PEOPLE CONVICTED UNDER THE ROCKEFELLER DRUG LAWS
Clemency study looking for people convicted under the Rockefeller Drug Laws who have submitted clemency appeals or are thinking of doing so. Please contact Prison Action Network for more information or to submit your/another person's name and DIN with a short (100 word) description of why you think your/their situation is particularly deserving.
3. FAMILY EMPOWERMENT DAY 4/NYC: SPANISH-ENGLISH TRANSLATOR NEEDED; STRUCTURE OF EVENT EXPLAINED
Translator: We received an unsolicited Spanish translation of the FED4/NYC flyer in the mail, which was a wonderful gift, but it doesn’t make sense to use it unless we can provide translators for the event itself. If you are, or know anyone who is, fluent enough in both English and Spanish to provide rapid on the spot translation, we would like to to discuss how to provide this service for the many Spanish-only speakers in our community. Please contact PAN at 518 253 7533 or email us.
Structure of FED4/NYC: We are very ambitious about what we want to accomplish this year. We are truly tired of doing nothing but talk. The Family Empowerment Project Executive Committee did its best to create an agenda that will take people step by step through a process that starts with analyzing important issues and ends with a goal and a game plan. In order to do that, we are going to need to stay VERY focused, because the process needs to happen within a limited number of hours. It is very important that everyone is there for the whole day (9am-4pm). Each part of the process is necessary for the success of the last session, where we "get down to business!"
It’s an interactive event; that's why we’re investing big bucks to rent the Columbia Law School building with microphones at every seat. We’re urging participants to come prepared with well thought out questions and suggestions, all focused on getting the answers you need to decide on a goal at the end of the day.
The day will include the screening of “The Visitors,” a documentary about families who take the buses to upstate New York prisons. It will be followed by a panel discussion which will point out the film’s relevance to parole issues. The panel will be composed of Melis Birder, the filmmaker; Denise Robinson, one of the main characters in the film; Dr. Divine Pryor, Deputy Executive Director of the Center for NuLeadership on Urban Solutions; Ernest Henry, who received visitors while incarcerated; his wife Kathy Ernest,who visited him; and the moderator and analyst, Rev. Vivian Nixon, who, as a formerly incarcerated person herself, will add an imprisoned woman's perspective to the discussion.
Lunch will provide time for talking to friends new and old, and for visiting the Action Tables where representatives of organizations will be able to answer questions and where there will be actions that can be taken then and there, such as petitions and letters to sign, pledges to be involved in some future event or to vote, taking part in a video interview on the impact of incarceration, and more. There will be a table where family members can sit with their parole support petitions. (Please call or email PAN to reserve space.)
Parole Chairman George Alexander will give a keynote speech on "The State of Parole Today". Rev. Dr. Mark Chapman, who has been part of every FED since its inception, will moderate the Q&A session that follows. We hope participants will confine themselves to one question per person, and keep it general and focused on clarifying what Alexander, as the head of parole, can do or can't do, to restore justice and fairness to the parole process. We want to find out how/if we can support him in bringing deserving parole candidates home, and how/if he can support whatever action we decide to take to make that possible.
There will be a short time between the keynote speech and the action planning session for participants to debrief after hearing Mr. Alexander. Following the debriefing, we'll move on to suggestions for goals with assistance from our team of advisors: Eddie Ellis, host of WBAI’s “On the Count!: The Prison & Criminal Justice Report”; Robert Isseks and Peter Sell, lead attorneys in Graziano vs. Pataki; Amy James-Oliveras, Co-host and Co-producer of the Fancy Broccoli Show; Glenn Martin, Vice President of Development and Public Affairs of the Fortune Society; Sheila Rule, Publisher, Resilience Multimedia; and others who have not yet formally confirmed. The advisors will comment on the goals suggested by families and other representatives of people in prison, and perhaps suggest some that weren't mentioned. Then we'll vote, using Approval Voting, where people vote for all of the goals they would support, and the goal with the most votes wins. Our advisors will then help us plan how to achieve the goal. We'll announce the time and place of the next meeting before leaving.
At the very end, participants will be given evaluation forms and a raffle will be held. Raffle tickets will be the completed evaluation sheets (which will include a space where participants can sign up to work to achieve our goal). Prize to be announced.
4. FBI URGES PUBLIC TOURS OF PRISONS
I draw your attention to an article in the June 2008 edition of the FBI's Law Enforcement Bulletin. The FBI agent-author's article openly encourages public officials to permit public tours of their jails for various stated reasons. This is huge! That magazine is widely read across the law enforcement and legal world and carries great influence. I say we now walk thru the door the FBI has opened. For too long the jails have been a closed society. You can access the article at: www.fbi.gov and choose publications, then Law Enforcement Bulletin, then June 2008
- joe gonzalez
5. LEGISLATIVE UPDATES ON BILLS SIGNED INTO LAW BY GOVERNOR PATERSON; SOME CLARIFICATIONS ABOUT THE PAROLE DISCRETION LAW AND A QUESTION ABOUT THE PRS LAW [copies available by emailing the number of the bill to PAN.]
A9727/S6731 - RESTORING DISCRETION TO THE PAROLE BOARD, SIGNED BY THE GOVERNMENT ON JULY 21ST
Introduced by M.of A. AUBRY, and Sen. VOLKER: An act to amend the executive law, in relation to restoring discretion to the board of parole to discharge any person for whom the board of parole is satisfied that a discharge from parole supervision would be in the best interests of society
Some clarifications: From 1930 to 1998 the Board of Parole had discretion to grant discharge from parole supervision after three consecutive years of unrevoked parole to any person for whom the Board of Parole determined that such discharge would be in the best interest of society. In 1998, however, discretion to grant a discharge from parole was removed for one class of persons - those who had been sentenced to an indeterminate sentence with a maximum sentence of life. This bill restores that option for those people.
Note #1: This law does not make release from parole automatic or even mandatory. Parole officers will have the discretion to release people from parole whenever (after at least 3 years) and if ever they think it's good for the community and good for the parolee. Some people might NEVER be discharged. In the best of worlds the decision would depend on the person's behaviors.
Note #2: We're dealing with a big bureaucracy here! It will take awhile to put the procedures in place. Estimates have been made for early September before all parole officers will all have been officially notified of their new discretionary powers, and another 30 days before all the policies may be in place and ready for implementation.
A10288A/S7638A - THE EMPLOYER EDUCATION ACT, which was described in the August Building Bridges, was signed into law by the Governor on Aug. 8.
Thanks to everyone who called the Governor's office to voice your support. And congratulations to the David Rothenberg Center for Public Policy which worked hard to get the bill passed!
REQUEST FOR INFORMATION: Does any reader know of a lawyer working on a class action suit for those who were illegally incarcerated without post release supervision? A man who recently was released from a year's time for being late for curfew wants to know, because it turns out he never had PRS on his commitment, and a judge ordered him released. Email PAN.
6. LIFERS AND LONGTERMERS CLEARINGHOUSE - SPECIAL NEEDS OF LIFERS-WITHOUT-PAROLE ARE ACKNOWLEDGED AND A NEW COMMUNITY ORGANIZATION HAS BEEN FORMED TO ADDRESS THEM.
This is an alert to all approved organizations operated by incarcerated individuals, and concerns those who are serving life-without-parole sentences. There are more than 200 persons serving life-without-parole sentences in the N.Y.State prison system and they are housed primarily in maximum security facilities where their numbers are relatively small.
They represent the truly left behind for they have received the ultimate penal sentence of having to spend the remainder of their life in prison. They are condemned and abandoned in that they receive no special provision from the department of correctional services; no adjustment or coping programs or counseling services are provided or have been developed to meet their unique needs.
For the convicted person sentenced to spend the remainder of their life in prison, the mechanics of "doing time" becomes their total experience rather than simply an interruption in their life. Lifers-without-parole are not tourists in prison; they are not "just passing through."
The plight of those serving such sentences has come to the attention of both the commissioner of corrections as well as community advocates of the incarcerated, and efforts are being marshaled to address their special needs. As leader in such efforts and someone who has served time and worked with lifers, those serving extended sentences, and those serving life-without-parole, I want to bring to the attention of the leadership of lifer and other approved prison organizations the need to address the special concerns of lifers-without-parole.
Because their numbers are relatively small it is unlikely that facility administrations will approve organizational status for lifers-without-parole. However, approved lifer and long-termer organizations can establish committees to address special concerns and they might consider setting up a committee that would address lifer-without-parole concerns and be headed and composed entirely of such persons.
It is important that Lifers-without-parole have some organizational or group structure to be identified with, because a new community organization named "The Doing Justice Coalition" has been formed to address the needs of lifers and long-termers and specifically lifers-without-parole. The Doing Justice Coalition is a collaborative partnership between faith communities and criminal and social justice practitioners to improve criminal justice outcomes by integrating the basic concepts of faith, hope and enduring beliefs with evidence-based practices and non-traditional approaches to criminal justice.
The Doing Justice Coalition is in the process of developing orientation and direction programs for persons serving extended prison terms. Members plan to visit as soon as institutional authorization is given, to form linkages with lifer and long-termer organizations. More on this subject in the next issue of Building Bridges.
--Larry White
Co-chair, Prison Action Network Clearinghouse Project
7. PAROLE: JENNIFER ARENA LEFT AFTER HER TERM EXPIRED, JOSEPH CRANGLE IS NEW COMMISSIONER, AND THERE'S AN EMPTY SEAT; YEAR-TO-DATE A1VO PAROLE RELEASES; FACILITY STATISTICS FROM ARTHUR KILL, FISHKILL, FRANKLIN, GROVELAND, MID-ORANGE, OTISVILLE, WOODBOURNE AND WYOMING PRISONS; RARE RESCISSION HEARING SCHEDULED FOR 9/5
PAROLE BOARD APPOINTMENTS:
Jennifer Arena is gone from the Parole Board, much to the relief of everyone who knew that she lacked the minimum qualifications specified for the job. Joseph Crangle is newly appointed. Since 2000 he has been an Assistant Court Analyst with the New York State Office of Court Administration assigned to the Domestic Violence Part of the Buffalo City Court where he monitors defendants compliance with court orders. From 1998 to 2000, Mr. Crangle was a Probation Officer with the Genesee County Probation Department, where he oversaw the Pretrial Release Under Supervision program. Mr. Crangle received his BA from Canisius College and his JD from the City University of New York. There is now one empty seat remaining on the Board.
PAROLE BOARD RELEASES – A1 VIOLENT FELONS [A1VO]
Year to Date A1VO Parole Release Summary - unofficial research from parole database
Year to date through July 31 there were 106 initial interviews with 7 released: 7%
Year to date through July 31 there were 721 reappearances with 94 released: 13%
In total, 827 appearances with 101 releases: 12% release rate through July 31.
July A1VO Parole Release Summary – unofficial research from parole database
120 interviews (no women) of which 14 were initial appearances and 106 were reappearances
15 people were granted parole*
2 were released on their initial interview
13 were released on a reappearance
*List of the 15 July A1VO parole releases by prison:
Initial:
Otisville : 25-Life for Murder 2nd degree on his 1st board.
Washington : 20-Life for M2 on 1st
Reappearances:
Cape Vincent : 25-Life for Murder on 6th board
Clinton : 15-Life for Murder 2nd degree on 4th
Fishkill : 15-Life for M2 on 2nd
Gouverneur : 15-Life for M2 on 2nd
Gowanda : 25-Life for M on 8th
Gowanda : 25-Life for M2 on 5th
Great Meadow : 20-Life for M2 on 7th or 8th
Hudson : 15-Life for M2 on 7th
Mt McGregor : 17-Life for M2 on 3rd
Mid-Orange : 15-Life for M2 on 7th or 8th
Oneida : 22.5-Life for M2 on 6th
Otisville : 20-Life for M2 on 4th or 5th
Otisville : 17-Life for M2 on 6th
May, June, July, August 2008 Releases based on Reports from the Inside:
ARTHUR KILL
July-August - Ferguson, Arena, Thompson
60 saw the board, 5 were granted parole
25 were initial interviews; 3 were granted parole
34 were reappearances; 1 was granted parole
1 parole violator was released
FISHKILL
August - Casey, Grant, Hagler (with Mary Ross observing)
7 A1VOs saw the board, 2 made it, one 15-Life on 1st board after a July split decision, the other a 20-L on 4th board after July split decision.
FRANKLIN
July
12 merit hearings; 5 were granted
17 initial interviews; 8 were granted
14 reappearances; 4 granted
2 parole violations; both denied
2 PIE (?); both denied
2 Conditional releases; both denied.
1 Supplement Merit (?); denied
August:
5 merit hearings; 2 granted
21 initial interviews; 2 granted
2 presumptive releases; 1 granted
12 reappearances; 1 granted
6 parole violators; 6 granted
2 PIE; both denied
12 conditional releases; 12 granted
1 supplement merit; denied
MID-ORANGE
August - Henandez, Lemmons
24 were interviewed; 12 made it! (7 A1VO, 1 Persistant Lifer, 4 non-Lifers)
OTISVILLE
May - Ludlow, Thompson, Smith
42 were interviewed; 9 made it.
Of the 33 denied, 29 were reappearances, 4 were initials.
June- Ludlow, Casey, Ortloff
37 were interviewed; 5 (3 Lifers) made it.
July - Ferguson, Lemmons, Hagler
18 were interviewed; 5 (3 were Lifers) made it.
WOODBOURNE
July - Lemons, Ferguson, Thompson
29 saw the board; 3 (1 A1VO) were granted parole
Of those denied, 7 were A1VO
WYOMING
August - Kevin Ludlow, Chris Ortloff, William Casey
24 saw the board; 2 were granted parole
13 were initial interviews; none were granted parole
5 were reappearances; 1 was granted
6 were merit boards; 1 was granted
INDIVIDUALS RELEASED: A PAN member and close friend was granted parole in August, and we are sooo excited! But he doesn’t want us to identify him for reasons that are personal. We had to say something..., so: “We can’t wait til you are home, working with us on the outside!”
RARE RESCISSION HEARING ON FRI. SEPT. 5.
In 1973 Shu'aib Abdur Raheem was convicted of murdering a police officer in a robbery. Since his sentencing he has been a model prisoner, staying out of trouble and earning college degrees as well as helping other incarcerated men. He expresses remorse, and in November 2007 he was granted parole. The Patrolman's Benevolent Assoc. was outraged, marshaled their forces and found a loophole that sabotaged Raheem's release. On February 8, 2008, the parole board caved in and rescinded Raheem's release.
Shu'aib Abdur Raheem will face a rare "rescission hearing" on September 5 in Albany County Supreme Court, on Eagle Street, across from City Hall. It’s scheduled for 10:30 am. Index # 3883-08. Shu'aib A. Raheem v. Board of Parole.. He requests as many of you as are willing, to be there to support him.
8. PRISON RADIO -
Paulie Santos will be on the Fancy Broccoli Show on September 13. He’ll be talking about his journey from childhood to his present living situation at the Fortune Society Academy. No other interviews are scheduled for September.
“Fancy Broccoli” airs on WVKR, 91.3FM, Poughkeepsie NY on Sundays from 3 - 6 pm, Eastern Time, and streams online - go to www.WVKR.org and click on (or near) the word 'LISTEN'.
Visit archives www.fancybroccoli.org to find lots of other good interviews.
Write Fancy Broccoli Show, WVKR, Box 726, Vassar College, Poughkeepsie, NY 12604-0726
9. REENTRY: “WOMEN, REENTRY AND EVERYDAY LIFE: TIME TO WORK?”; HELP NEEDED TO FIND PROGRAMS MANDATED BY PAROLE; CHARLES J. HYNES, KINGS COUNTY DA, DESCRIBES HIS REENTRY PROGRAM CALLED COM ALERT
The Prisoner Reentry Institute invites you to attend our Fall Occasional Series on Reentry Research kick-off event on Friday, September 12, 2008 from 8:30am to 10:00am. Venezia Michalsen, a professor at Montclair State University and formerly the Research Director at Women’s Prison Association (WPA), will present the results of a new WPA report “Women, Reentry and Everyday Life: Time to Work?” Respondents will include Alison Link, a Consultant at the Leisure Link, and Nancy O’Brien, Transitional Advocate at the Center for Community Alternatives.
Location: John Jay College of Criminal Justice (899 10th Ave, between 58th - 59th Streets) Room 630. Please RSVP to Amelia Thompson (212-484-1399;amthompson@jjay.cuny.edu).
Prison Action Network has been told by people on parole that they're mandated by their parole officers to take certain programs as a condition of their parole, but you're on your own to find one. Sounds like ComALERT, featured below, might have some answers, if you qualify. But we’d like to make it easier, so if you attend a group other than ComALERT - an anger management group or any other type of program, either in fulfillment of parole's demands, or just because you want it, please send us the days, times, place, and contact numbers. Please rate it on a scale of 1-10, 10 being very useful and 1 being a waste of time. We'll pass the information on to our readers.
CHARLES J. HYNES, Kings County District Attorney, has developed a reentry program called ComALERT. He wrote this about it:
Finding a job in today’s economy is difficult enough for a college graduate. Imagine how difficult it is for an offender who has just been released from prison and is trying to re-establish himself in the community. Eventually, many of the 65,000 offenders currently incarcerated in the New York State prison system will return to our communities under some form of probation or parole supervision. Sadly, many will be back in prison within three years due to a new arrest or parole violation. This cycle of failure is devastating to the offenders, their families and their neighborhoods.
As District Attorney, I recognized the need for law enforcement and community service providers to work together to find a solution to the problem of recidivism. Toward that end, I developed a program called ComALERT – Community and Law Enforcement Resources Together. ComALERT represents a coalition of service providers who help released offenders by counseling them on a host of issues ranging from housing, education, and employment to physical and mental health, and substance abuse. ComALERT provides the help these ex-offenders need in order to resist the temptation to return to a life of crime.
ComALERT reduces crime and also makes good economic sense. Each time a person is re-arrested and sent to jail, it costs taxpayers $175 a day to house him. Contrast that with the $43 a day per client spent by one member of our coalition – the Doe Fund – which provides ex-offenders with civic-modeled transitional employment and housing.
ComALERT provides rapid assessments, referrals, on-going case management and re-entry services for up to nine months. Participants must be on parole for at least six months, and must be motivated to become self-sufficient, gainfully employed, and drug-free.
For more information, please contact Lance Ogiste at (718) 250-2295, or visit www.brooklynda.org
10. SCHOOL TO PRISON PIPELINE DEMONSTRATION
An enterprising young man, with the use of what I imagine to be a cellphone video camera, attends significant meetings around NYS and posts them to the web at YouTube. The latest is from a demonstration in support of the School to Prison Pipeline: The Student Safety Act. It features students and their adult supporters speaking out about the way schools criminalize our youth for essentially teenage-appropriate behavior. View Here
This was how organizers described the event:
Support The Youth, Ensure their Futures, Urge New York City Council Members to sign on and support the School Safety Act. Let's break the School To Prison Pipeline, Let's bring about more Transparency and Accountability within the actions being taken by the School Security Guards and the NYPD, Let's ensure those with Learning Disabilities are not Targeted, Let's Create a more Healthy place for our Youth to Learn in.
For more information about the School to Prison Pipeline: Student Safety Act, see the link on the right side of this page.
11. TRANSPORTATION TO PRISONS
From the Capital District:
NEST Prison Shuttle schedule: Mt. McGregor, Washington, and Great Meadow CFs on Sat, Sept 6 ($35 adults, $25 children), Coxsackie, Greene, and Hudson on Sat, Sept 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. Trip to Utica (Midstate, Marcy, Mohawk, Oneida) on Sat, Sept 20 leaving Troy at 5 AM. Sullivan trip (Ulster, Eastern, Woodbourne, Sullivan) on Sat, Sept 27 leaving at 6:30 AM ($45 adults, $30 children). Reservations: Linda O'Malley 518- 273-5199.
Door to door, free rides are offered from Albany to prisons within 150 miles by a volunteer of FUUSA’s Justice Committee. Please contact us at 518 253-7533 if you need a ride.
Ride wanted: Carolyn, a 62 year old woman who is unable to drive due to a recent automobile accident, is eager to visit her fiancé in Wende C.F. She lives in Port Jervis, NY, which is near Middletown. If you would be willing to take her, even just once, she would be very appreciative. Please call 845 672 3967
Statewide: DOCS Free Bus - to find out how to sign up, from NYC area: Deacon Mason on Tues. &
Fri., 212 961 4026 and from Albany: on Wed & Thurs., 518 485 9212; from Buffalo area: Rev. Roberson 716 532 0177, x4805; from Syracuse: Sister Patricia: 315 428 4258
12. VOTING IS THE LEAST YOU CAN DO TO MAKE A DIFFERENCE! ARE YOU SURE YOU WILL BE ABLE TO? HERE’S AN EASY WAY TO MAKE SURE YOUR VOTER REGISTRATION IS UP TO DATE
VERIFY YOUR REGISTRATION:
Every year thousands are turned away from the polls because they aren't properly registered. You can check your registration on VotePoke, a cool new online system. It only takes 30 seconds-and if you need to change anything, they make it really easy. Check it out at: http://votepoke.org
If you've recently verified your registration status, so you know that you'll be able to vote this November, what about your friends? your family? your co-workers? Click the link below to invite everyone you know to verify their registration status right now using VotePoke. Getting your friends and family up to speed by inviting them to double-check their registration is easy.
Click here.
Thanks! The VotePoke Team
PAID FOR BY MOVEON.ORG . POLITICAL ACTION. Not authorized by any candidate or candidate's committee.
13. WHAT'S HAPPENING AROUND NEW YORK STATE
Buffalo:
Prisoners Are People Too is a justice advocacy program that meets monthly on selected Mondays in Buffalo at the Pratt-Willert Community Center, 422 Pratt Street from 6:30-8:30pm. Each meeting features a documentary film, related to some criminal justice or prison issue, and one or more guest speakers who address that issue.
The news of torture occurring in Abu Ghraib Prison in Iraq was a shock to the American public. Now it’s almost forgotten. News of similar violence occurring inside state prisons and jails throughout the USA is rarely considered. At its next meeting on Monday, September 22, 2008, Prisoners Are People Too will screen the documentary, ”Torture: America’s Brutal Prisons.” The film takes a look at prisons in Texas, Florida, and California. So, --what about the abuse of prisoners in New York State? Our guest speaker, Mr. Gary Craig, an investigative reporter from Rochester’s “Democrat and Chronicle” newspaper, will share his thoughts about a system that is steeped in punishment, rather than rehabilitation.
The next meeting of Prisoners Are People Too is scheduled for October 27. Film and guest speaker(s) TBA.
PRP2 programs are sponsored by The Circle of Supporters for Reformed Offenders and Friends of Baba Eng. For further information, contact Karima Amin at karima@prisonersarepeopletoo.org or 716-834-8438.
NYC:
Family Empowerment Day 4/NYC “Taking Action to Bring Our Loved Ones Home"
Saturday October 25 2008 9am - 4pm
Columbia Law School, Jerome Greene Building
435 West 116th St. (corner of Amsterdam), Manhattan
MAKE SURE YOUR FAMILY IS THERE!
For more information: contact us at 518 253 7533 or email PAN for a flyer.
Your organization’s announcement could be here. Building Bridges wants to help promote the activities of all groups doing something to aid the cause of justice. Share your successes, share your activities, and bring hope to the apathetic and hopeless. Please submit your announcements by the last week of each month (email is preferred), and we will do our best to include them in the next issue.
Prison Action Network thanks the Community Church of NY, Unitarian Universalist, for their support.
Thursday, August 28, 2008
Wednesday, July 30, 2008
AUGUST 2008 EDITION
Please scroll down to get to the Building Bridges monthly newsletter.
Posted August 28:
Tune in to Black Entertainment Television (BET) this Friday, August 29, 2008 at 11:30pm to watch the Fortune Society's Vice President of Development and Public Affairs, Glenn E. Martin, featured in an important and timely documentary "Locked Out: Ex-Cons and the Vote." In the midst of one of most historic presidential campaigns, the program takes an in-depth look at the voter disfranchisement of men and women with criminal records across the country. The Fortune Society's David Rothenberg Center for Public Policy (DRCPP) and the Brennan Center for Justice were approached by BET to help shed light on the myriad laws and practices that bar people with criminal records from the polls and lead to de facto disfranchisement of thousands of eligible men and women in our country. The program is being aired as part of BET's companion coverage for the Democratic National Convention.
About "Locked Out: Ex-Cons and the Vote"
In what is undoubtedly another historic election year, as the nation continues its ongoing discussion about the power of the Black vote, BET News correspondent Samson Styles investigates how these laws continue to affect African American votes at the polls. As one of the 5.3 million people in America who has lost the right to vote due to a criminal conviction, Styles sets out on a journey to regain his own voting rights, explore the state-to-state differences of disfranchisement laws, and investigate the national effects of such legislature.
Posted August 25:
If you are at all concerned about the fact that our schools spend more on "security" than on education, and that our school children are treated much the same as people in jail, then you will probably find the video below to be of interest.
Support The Youth, Ensure their Futures, Urge New York City Council Members to sign on and support the School Safety Act. Let's break the School To Prison Pipeline, Let's bring about more Transparency and Accountability within the actions being taken by the School Security Guards and the NYPD, Let's ensure those with Learning Disabilities are not Targeted, Let's Create a more Healthy place for our Youth to Learn in.
For more information on the School to Prison Pipeline: The Student Safety Act, please click on link on the right of this page.
Posted August 6:
Jennifer Arena is gone from the Parole Board, much to the relief of everyone who knew that she lacked the minimum qualifications specified for the job. She has been replaced by Joseph Crangle, who since 2000 has been an Assistant Court Analyst with the New York State Office of Court Administration assigned to the Domestic Violence Part of the Buffalo City Court where he monitors defendants compliance with court orders. From 1998 to 2000, Mr. Crangle was a Probation Officer with the Genesee County Probation Department, where he oversaw the Pretrial Release Under Supervision program. Mr. Crangle received his BA from Canisius College and his JD from the City University of New York. There is now one vacant seat on the Board.
Dear Reader,
It’s been decided. Family Empowerment Day 4 - NYC will be held on Saturday October 25, 2008 from 9-4 at the Columbia Law School. The theme is “Taking Action to Bring Our Loved Ones Home”. George Alexander, Chairman of Parole, will be the keynote speaker. He will report on “The State of Parole Today”. This is an opportunity for the families of incarcerated people in NYS to meet the head of parole, hear his point of view, and ask questions. (Be sure to listen to his interview on the Fancy Broccoli radio show [#10] on August 17, when he’ll also be taking questions. Any questions left unanswered can be asked in person on Oct 25!) Before we leave FED4-NYC we will have crafted a plan, with help from a team of advisors representing parole, legislative action, and media, for a strategy to obtain fair and just parole decisions. It’s imperative that everyone with a loved one in prison, especially who have indeterminate sentences, represents them at this year’s event. It will be the kickoff event for a major campaign, which cannot be accomplished by only a few people.
We believe that the people who are most invested in the outcome are the logical people to pay for the gathering. So that’s you, and we need your donations. There is no admission charge because incarceration puts a heavy financial burden on families, but IF you can send anything, please do. Is there anyone reading this who can’t spare a dollar or two? Please send it to us. Small donations add up. But larger donations are also necessary. Please be generous. Our victory will require some sacrifice. Checks should be made out to Prison Action Network and sent to our new address, see below. Thank you to those who have already donated.
PLEASE NOTE CHANGE OF ADDRESS FOR PRISON ACTION NETWORK:
Our new address is Prison Action Network, PO Box 6355, Albany NY 12206
In this Issue:
#1 Judge Brieant has died
#2 Crime rates decline in NYS and NYC
#3. DNA test finally possible for Everton Wagstaffe
#4 F.R.E.E. is looking for organizations to speak to school children
#5. Looking for Ms. Keough
#6 Legislative Updates
#7 Lifers and Longtermers Clearinghouse
#8 New York Theological Seminary graduation
#9 Parole updates
#10 Prison Radio
#11 Recommended reading
#12 Telephone Justice Campaign reports on contract
#13 Transportation to prisons
#14 What’s happening in NYS
#15 FED4-NYC information.
Send an email for a copy of the FED4-NYC FLYER to duplicate and distribute far and wide
1. JUDGE CHARLES BRIEANT, IN WHOSE COURT GRAZIANO VS. PATAKI WAS BEING HEARD, DIED ON JULY 20 2008 AT THE AGE OF 85.
Judge Brieant was a great man and a great judge. We are very saddened by his death. According to news reports he had been ill for some time and had not been in court for the last couple of months, which probably explains all the changes in the schedule of hearings during the last year. The cause of his death was not disclosed.
New readers may not know that Judge Brieant was hearing the Graziano vs Pataki lawsuit charging Pataki, and subsequent administrations who did not change the alleged policies, with imposing an unwritten and unlegislated policy of denying parole to A1 Violent Felons based solely upon the nature of their crime.
The case will be assigned to a new judge. In the meantime, the legal team is proceeding with the final stages of discovery.
2. CRIME STATISTICS SHOW NY STATE’S CRIME RATE DECLINED STEADILY FROM 1998 TO 2007. THE LARGEST DECLINE WAS IN THE RATE OF VIOLENT CRIMES. NYC HAD A MUCH LARGER DECLINE THAN COUNTIES OUTSIDE OF THE CITY.
Over the past 10 years, the crime rate in New York State has declined steadily. The largest reductions in crime rate were reported for motor vehicle theft, burglary, and robbery. Overall, the rate of index crimes per 100,000 resident population has declined 33% since 1998; the rate of violent crimes (murder, rape, robbery, and aggravated assault) fell 35% and property crimes (burglary, larceny, and motor vehicle theft) were down 33%.
While New York State’s crime rate has decreased greatly over the past 10 years, New York has also reported a significant reduction in the actual number of crimes reported. Since 1998, the number of major crimes reported has fallen every year to the lowest levels recorded since statewide reporting began nearly 40 years ago. In 2007, there were 190,052 fewer crimes reported than in 1998, while the population of the State has increased by over one million since 1998.
Not all areas of the State have benefited equally from the historic reduction in crime. The decline in Index crime in New York City was much larger than that experienced in counties outside of New York City.
Given the greater decline in crime in New York City, the proportion of statewide crime that each region accounted for has shifted dramatically. The counties outside New York City now account for 56% of the reported crime statewide, as compared to 37% in 1990.
While a higher proportion of the State’s violent crimes occurred in New York City, that region reported a 41% drop in violent crimes since 1998, while the Non-New York City counties reported a decline of 3%. While all violent crime categories declined in New York City between 1998 and 2007, the Non-New York City region reported increases in both murders and rapes over the last 10 years.
Recent Statewide Crime Trends: 2006 vs. 2007
The most recent 2007 crime data show that crime volume in New York State declined for the 17th consecutive year. In 2007, New York State reported an overall drop of 4% in the seven major Index crimes as compared to 2006. Violent crimes dropped by 5% and the largest decline was reported in murders Property crimes were down 4% driven by a 13% drop in motor vehicle thefts.
The Non-New York City region reported larger declines in index, violent and property crimes between 2006 and 2007 than the New York City region. This marks the first time since 1993 that the annual crime decline outside of New York City exceeded the decrease reported within New York City.
3. DNA TEST FINALLY POSSIBLE FOR EVERTON WAGSTAFFE WHO HAS REFUSED TO SEE THE PAROLE BOARD BECAUSE HE CLAIMS HE IS INNOCENT AND THEREFORE CAN’T EXPRESS REMORSE FOR A CRIME HE DIDN’T COMMIT.
Everton Wagstaffe says he is completely innocent of the crime for which he was convicted and sentenced to 12 - 25, of which he has served 16.5. He refuses to see the parole board because he won't express remorse for the crime he says he didn't commit. When the case was tried DNA testing was new and so not used on evidence that fortunately still exits. He fought to find a way to have tests done, and finally in June the Legal Aid Society agreed to pay for them. He credits his success to the kindness of strangers, who listened to him and were moved to help.
4. FAMILIES RALLY FOR EMANCIPATION & EMPOWERMENT (F.R.E.E.) OFFERS OPPORTUNITY FOR ORGANIZATIONS TO GET INVOLVED IN CHARACTER DEVELOPMENT PROGRAM AT OUR WORLD NEIGHBORHOOD CHARTER SCHOOL IN ASTORIA.
The school's current character education program is called the "Pillars of a Positive Community". Each month a pillar is emphasized through various activities, writings and lessons in the classroom. This year we wanted to take it a step further by inviting groups who reflect one of the pillars into our schools to speak with our students and provide opportunities for our students to further understand the pillars through hands-on learning.
The pillars are: Sept: Respect; Oct: Courage; Nov: Kindness; Dec: True Friendship; Jan: Truth; Feb: Responsibility; March: Self Discipline; April: Fairness; May: Citizenship; June: Perseverance
Does your organization reflect one of these pillars and which one? Would you be willing to come to our school and speak to students about your work? Is it possible that our students would be able to get involved with your organization throughout the year to further understand the meaning of each pillar?
Our World Neighborhood Charter School (www.owncs.org) is located in Astoria/Long Island City, 31-20 37th St. Astoria, NY, first exit off Triboro, near the V train.
Please reply to: cbarnes@owncs.org, or Denise B., Families Rally for Emancipation & Empowerment (F.R.E.E); 81 Willoughby St. #701; Brooklyn, NY 11201; (718)852-0012)
5. MS. KEOUGH, WHO FORMERLY TAUGHT BASIC ADULT ED AT EASTERN C.F.
Building Bridges would like to pass on a message from a good friend who was one of Ms. Keough’s former students. Please email Building Bridges if you have any information. Thank you.
6. LEGISLATIVE UPDATES ON BILLS PERTAINING TO PRS, HIV/AIDS INFORMATION, JOB DISCRIMINATION, UNANIMOUS PAROLE BOARD DECISIONS, REENTRY TAX CREDIT, 2 MERIT TIME BILLS, PRIVACY OF INFORMATION, WORKING WHERE ALCOHOL IS SOLD, and FREE RAP SHEET.
[Status of several other bills was mentioned in July Building Bridges] (For copies of any of these bills, please email us)
Note that not many of these were signed into law by the governor. Some passed in both houses but are not yet signed; some passed in only one house and need to be reintroduced at the next legislative session which begins January 2009; others stayed in committee and also need to be reintroduced.
PASSED AND SIGNED INTO LAW BY THE GOVERNOR:
S8714/ A11764 - Nozzolio, Aubry: PRS BILL. Passed and Signed into law. This bill, pertaining to Post Release Supervision, was described in the July Building Bridges.
Building Bridges congratulates all the people who worked in support of this and other important bills! (Even though Post Release Sentencing is a controversial issue, we feel the revised bill is fair and offers timely judicial remedies to those who were never required to be under PRS.) We know it took education, persuasion, compromise and much difficult work to bring these bills from conception into law. We appreciate our representatives who drafted these bills, applaud the Senate members who voted for them, and commend Governor Paterson for his wisdom in signing them. And we don’t take our support in the Assembly for granted either. But it takes everyday people like you and me who are willing to work tirelessly to convince our representatives in government that there is enough support for bills like these to make it safe for them to sponsor them or vote for them. Let us learn from this that we too can change things! Join us at Family Empowerment Day 4 with your ideas, and then roll up your sleeves for a lot of work in the year ahead.
PASSED IN BOTH HOUSES, NOT YET SIGNED BY THE EXECUTIVE:
S8508/ A.8849 - Montgomery, Peoples: DISTRIBUTION OF HIV/AIDS PREVENTION INFORMATION to Persons In Prison & Upon Release. Requires New York correctional facilities to provide people in prison with information about the prevention of HIV, and how to obtain HIV-testing and counseling services upon release.
A10288A / S7638A - Aubry, Volker: THE EMPLOYER EDUCATION ACT requires employers to provide a copy of Article 23-A of the Correction law—which makes it illegal to automatically deny employment to qualified job seekers with criminal records and provides guidance on how criminal history information can be appropriately and legally considered amidst the hiring process—to job applicants if they run background checks during the interview process and to post Article 23-A in the workplace, which also requires that any Credit Reporting Agency (CRA) providing information about a job-seeker’s criminal history must also notify employers of their obligations under New York State Law to give the application fair consideration.
Fortune Society's David Rothenberg Center for Public Policy asks that you please take a moment out of your busy schedule to call the Governor’s office at 518-474-8390 to voice your support for the Employer Education Act (S7638A/A10288A). And if you have another minute, email them to let them know you called:
PASSED IN ONLY ONE HOUSE, NEED TO BE REINTRODUCED IN JANUARY 2009 WHEN THE NEXT LEGISLATIVE SESSION BEGINS:
S06908 - Nozzolio: Requires, among other things, a UNANIMOUS PAROLE DECISION to release an incarcerated individual convicted of any class A. felony. The bill passed the Senate in April, was delivered to the Assembly where it languished.
A05438A/ S2956B - Jeffries, Montgomery: REENTRY TAX CREDIT establishes a re-entry employment incentive tax credit, providing a $10,000 tax credit to employers who hire individuals released from New York correctional facilities in full-time jobs at 140% of the state minimum wage. It passed in the assembly; was delivered to the Senate in June where it remained in committee.
NEVER MOVED OUT OF COMMITTEE. STILL NEED TO BE INTRODUCED FOR A VOTE:
S7889 /A10716 - Montgomery, Aubry: MERIT TIME BILL, affords inmates with the ability to earn a reduction of their sentence after completing significant programming and maintaining a positive disciplinary record. Current law only allows inmates with certain nonviolent convictions to earn merit time. However, the availability of merit time allowance motivates inmates to complete necessary programming and maintain a good disciplinary record. The program has been shown to reduce prison violence and studies show that inmates granted merit time and released early have lower recidivism rates. Therefore, this bill expands the availability of the merit time program to all inmates. 4/28/08 referred to crime victims, crime and correction.
S3578 - Montgomery: MERIT TIME BILL INTRODUCED IN 2007, didn’t move out of committee. Reintroduced in Jan.’08. Provides for vesting of merit time allowance and release for prisoners with good behavior with certain limitations; provides commissioner of correctional services shall promulgate rules and regulations for merit time allowance to determine which inmates are good candidates for release. Didn’t move out of committee again this session.
S7660/ A10866 - Volker, Aubry: AMENDS THE NYS HUMAN RIGHTS LAW so that individuals are not required to divulge information pertaining to Youthful Offender adjudications and sealed violation convictions. In other words, to clarify that individuals are not required to divulge sealed information about arrests or prosecutions terminated in favor of the accused, youthful offender adjudications, and sealed non-criminal violations. It never moved out of committee.
S8022B - Winner: allows qualified individuals with criminal records to be employed in certain establishments that hold liquor licenses. Never moved out of committee.
S4970A/ A6387A - Volker, Aubry: RAP SHEET BILL requiring the Division of Criminal Justice Services (DCJS) and the Department of Correctional Services to provide a rap sheet, free of charge, to every individual being released from a New York State correctional facility, on the day of release. Each rap sheet should be accompanied by instructions for how to read, understand, and review the rap sheet for errors. Never moved out of committee.
7. LIFERS AND LONGTERMERS CLEARINGHOUSE: CALL TO ACTION! WE NEED THE FAMILIES, LOVED-ONES AND SUPPORTERS OF INCARCERATED INDIVIDUALS TO BE INFORMED ABOUT A SPECIAL MEETING THAT HAS BEEN ARRANGED BETWEEN THEM AND THE CHAIRMAN OF THE NEW YORK STATE DIVISION OF PAROLE.
This special meeting is designed to accomplish three immediate goals: 1) to bring together at one place and time those who are willing to represent and speak for those who are incarcerated in the New York State prison system, 2) to use this meeting as a first step in organizing a grassroots movement to empower these representatives and give voice to their call for a more just and equitable parole system, and 3) to establish a continuing dialogue between those communities that contribute a disproportionate percentage of the state prison population and who have a personal stake in the public safety of the environments where they live and raise families, and the corrections and parole agencies whose policies and practices have a more direct impact on these communities than other jurisdictions.
The articulation of these three goals and the on-going efforts to reach a consensus between the primary community stakeholders involved (family and community representatives, incarcerated members of the community, and the organized criminal justice advocates) about how to achieve them, constitute the initial stages of a unified strategy to bring about just and equitable parole laws and procedures.
Regarding the three primary community stakeholders, the incarcerated community members have a crucial role to play despite their imprisonment. It is the task of the incarcerated community members to notify their families and supporters about the October 25th Family Empowerment Day 4-NYC meeting with the Chairman of Parole, and to convey to them how vital it is that they attend and register.
The initial mobilization of the families and supporters of the incarcerated begins with their attendance and registration on October 25th and it is the responsibility of the incarcerated to contact them and insist that they participate in Family Empowerment Day 4-NYC.
Most often the dialogue between the incarcerated and their families and supporters regarding parole is based on complaints and commiseration, with little that family and supporters can do but echo the grievances of the incarcerated. Well now the situation calls for a dialogue based upon a discussion of objective steps to be taken by each, and the up-front role the families and supporters are required to play in a face to face meeting.
FED4 announcements providing information about the events scheduled to take place are being made available to lifer and long-termer organizations and key individuals. Word about FED4-NYC should be spread on the buses and visiting rooms and emphasis given to the importance of having an enormous turnout of families and supporters. We have enough time to make this happen!
Larry White, Co-Chair
PAN Clearinghouse Project
8. NEW YORK THEOLOGICAL SEMINARY GRADUATES TWELVE AT SING SING PRISON
Congratulations to the New York Theological Seminary's Class of 2008. The 12 graduates from the 26th graduating class at Sing Sing were: Daniel Callahan, Jae Choi, Gregorio (Koko) Cruz, Theodore (Theo) Harris, Gaston (the Judge) Jones, Joseph Mazzaferro, Robert Rose, John Royster, Warren Streeter, Nicholas Tellone, John (Divine G.) Whitfield, Juan Williams. We wish the graduates the best.
9. PAROLE BOARD ADDS MARY ROSS AND MICHAEL HAGLER; YEAR-TO-DATE A1VO PAROLE RELEASES; FACILITY STATISTICS FROM ARTHUR KILL, GROVELAND, MID-ORANGE AND WYOMING PRISONS
Parole Board Appointments:
In our July issue we reported that Joseph B. Crangle and Mary Ross had been nominated and were awaiting Senate confirmation. Apparently Crangle was not confirmed but Ms. Ross was, on June 19, to a 5 year term. There's no mention of Mr. Crangle on the Parole website. It does show that there are now 18 commissioners, and the last one to be confirmed before Mary Ross was Michael A. Hagler who was nominated by Spitzer and confirmed on 10/22/07 for a 6 yr term. He had previously served more than 30 years in law enforcement, as a senior investigator with the Office of the New York State Attorney General, as a member of the Metro Rochester Firearms Suppression Unit (Project Exile) and on the security detail for then Attorney General Eliot Spitzer in upstate New York. Prior to joining the Attorney General’s Office, Commissioner Hagler was an investigator sergeant with the Monroe County Sheriff’s Office and the department’s liaison with all local, state and federal law enforcement agencies as well as community groups. We regret there is not comparable information available for other appointees.
Parole Releases for A1VO (unofficial research from parole database)
SUMMARY FOR THE FIRST HALF OF 2008
707 interviews were held, of which 92 were initial appearances and 615 were reappearances
86 people (4 of them women) were granted parole
5 people (1 woman) were released on their initial interview,
81 (3 women) were released on a reappearances
20 (1 woman) people were released on their 2nd board, 16 (2 women) on the 3rd, 14 on 4th, 6 on 5th, 12 on 6th, 5 on 7th, 3 on 8th, 4 on 9th, 1 on 11th
JUNE A1VO PAROLE RELEASE SUMMARY:
140 interviews of which 17 were initial appearances and 123 were reappearances
17 people (none women) were granted parole
1 person was released on his initial interview (on a 25-Life)
16 were released on a reappearance.
THE 17 June A1VO PAROLE RELEASES BY PRISON:
Adirondack - M2 with 15-life on his 6th board
Adirondack - M2 with 22-life on his 6th board
Clinton - M2 with 20-life on his 2nd or 3rd (?) board
Elmira - M2 with 27.5-life on his 2nd board
Fishkill - M2 with 20-life on his 5th board
Green Haven - M2 with 25-life on his 4th board
Groveland - M2 with 15-life on his 4th board
Hudson - M2 with 25-life on his 3rd board
Mid Orange - M2 with 22-life on his 4th board
Mid Orange - M2 with 15-life on his 7th board
Mid Orange - M2 with 15-life on his 2nd board
Mid Orange - M2 with 15-life on his 6th board
Otisville - M2 with 15-life on his 6th board
Riverview - M2 with 15-life on his 3rd board
Sing Sing - M2 with 25-life on his 1st board
Wallkill - M2 with 15-life on his 3rd board
Woodbourne - M2 with 15-life on his 3rd board
JUNE-JULY 2008 RELEASES BASED ON PRISONERS' REPORTS:
ARTHUR KILL
July-August - Ferguson, Arena, Thompson
60 saw the board, 5 were granted parole
25 were initial interviews; 3 were granted parole
34 were reappearances; 1 was granted parole
1 parole violator was released
GROVELAND - video conference hearing - word of mouth report
June
21 long-termers saw the board; 1 was released on 4th board
MID-ORANGE
June [20 - 30 minute hearings]
43 saw the board; 12 (4 A1V0) were granted parole
All 31 who were denied were given 24 months
July- [5-10 minute hearings] - Ferguson, Lemons, Hagler
18 had hearings; 1 (A1VO) released after 28 years on a 15 - life.
The 17 who were denied all got 24 months.
WYOMING -
June - Vanessa Clarke, Kevin Ludlow, Jenifer Arena
65 saw the board; 15 were granted parole
35 were initial interviews; 7 were granted parole
19 were reappearances; 0 were granted
11 were merit boards; 8 were granted
July - William Smith, Patrick Gallivan, Gerald Greenan
38 saw the board; 6 were granted parole
23 were initial interviews; 4 were granted parole
10 were reappearances; 1 was granted
5 were merit boards; 1 was granted
10. PRISON RADIO - LISTEN TO AMY BARASCH, EXECUTIVE DIRECTOR FOR NYS OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE; PRISON ACTION NETWORK, CPR, AND OTHERS TALK ABOUT PAROLE; GEORGE ALEXANDER TAKE QUESTIONS FROM CALLERS.
Amy Barasch and George Alexander will be on the Fancy Broccoli Show on August 3 and 17 respectively.
“Fancy Broccoli” airs on WVKR, 91.3FM, Poughkeepsie NY on Sundays from 3 - 6 pm, Eastern Time, and streams online - go to www.WVKR.org and click on (or near) the word 'LISTEN'.
Visit archives www.fancybroccoli.org to find lots of other good interviews. Write Fancy Broccoli Show, WVKR, Box 726, Vassar College, Poughkeepsie, NY 12604-0726
Members of PAN, CPR, and others will be guests on On The Count, August 9, at WBAI-NY 99.5FM from 10:30 'til noon. We’ll be discussing Parole and the upcoming Family Empowerment Day 4 which will Take Action to get parole releases for our loved ones.
11. RECOMMENDED READING: "NOT THE USUAL SUSPECTS: THE POLITICS OF THE PRISON BOOM ", BY MARIE GOTTSCHALK, THE LEAD ARTICLE IN THE JULY 2008 PRISON LEGAL NEWS. IS A COMPREHENSIVE ANALYSIS OF HOW WE GOT TO BE THE “WORLD’S WARDEN, INCARCERATING A HIGHER PROPORTION OF ITS PEOPLE THAN ANY OTHER COUNTRY.”
An interesting point Gottschalk makes is that we’ve had an “erosion of the separation between state and society in the making of penal policy, allowing blunt measures of public passions, such as opinion polls, to be accorded a central role. This facilitated the prison boom by deflecting attention from the central question of what are the limits, if any, to the state’s power to punish and kill “
[Prison Legal News, 2400 NW 80th St. #148, Seattle WA 98117, 206 246 1022]
12. TELEPHONE JUSTICE CAMPAIGN REPORTS ON LATEST DEVELOPMENTS WITH THE NEW PHONE CONTRACT.
As most readers know, the NY Department of Correctional Services (DOCS) prison telephone contract is supposed to change this year to comply with the Family Connections bill, which we all worked together last year to get passed. Originally we thought it would switch over on April 1, 2008, because the current contract with Global Tel Link was supposed to officially end on March 31, 2008. The last we knew, DOCS was taking 90 days to switch over the contract and had told us it would change in June.
The contract turnover has now been delayed again. GTL has challenged the award of the new contract in court (apparently this is typical in the world of multi-million dollar government contracts), and there is currently litigation pending that is prolonging the implementation of the new contract. DOCS is expecting resolution over the dispute this month, but because of the litigation they have not been able to start any of the work they need to do in advance of the change in contract. DOCS now expects the new contract to be up and running in September.
lauren melodia | center for constitutional rights | 666 broadway 7th floor | ny ny 10012 | 212.614.6481 | lmelodia@ccrjustice.org
13 TRANSPORTATION TO PRISONS
From the Capital District:
NEST Prison Shuttle schedule: Mt. McGregor, Washington, and Great Meadow CFs on Sat, Aug 2 ($35 adults, $25 children), Coxsackie, Greene, and Hudson on Sat, Aug 9 ($20 adults, $15 children) from Oakwood Ave Presbyt. Church parking lot, Troy at 7 AM, then to Albany Greyhound bus station at 7:15. Trip to Utica (Midstate, Marcy, Mohawk, Oneida) on Sat, Aug 16 leaving Troy at 5 AM. Sullivan trip (Ulster, Eastern, Woodbourne, Sullivan) on Sat, Aug 23 leaving at 6:30 AM ($45 adults, $30 children). Reservations: Linda O'Malley 518- 273-5199.
Door to door, free rides are offered from Albany to prisons within 150 miles by a volunteer of FUUSA’s Justice Committee. Please contact us at 518 253-7533 if you need a ride.
CarPooling: Please call 518 253 7533 if you would be willing to take a passenger or if you want a ride.
Statewide: DOCS Free Bus - to find out how to sign up, from NYC area: Deacon Mason on Tues. &
Fri., 212 961 4026 and from Albany: on Wed & Thurs., 518 485 9212; from Buffalo area: Rev. Roberson 716 532 0177, x4805; from Syracuse: Sister Patricia: 315 428 4258
14, SAVE THE DATE!
Saturday October 25 2008
Family Empowerment Day 4 - NYC
"Taking Action to Bring Our Loved Ones Home"
TIME: 9 - 4
PLACE: Columbia Law School, Jerome Greene Building, 435 West 116th St. (corner of Amsterdam)
MAKE SURE YOUR FAMILY IS THERE!
KEYNOTE SPEAKER:
Board of Parole Chairman George Alexander
"The State of Parole Today"
followed by Q & A session
DOCUMENTARY FILM:
"The Visitors"
featuring families making the bus trip to upstate prisons
followed by a panel discussion with filmmaker and members of the cast, formerly incarcerated people,
and an analyst to 'connect the dots'.
GETTING DOWN TO BUSINESS - STRATEGY SESSION with a TEAM OF ADVISORS
*FREE ADMISSION AND LUNCH
*Networking
*Action Tables - Every table will have an action you can take on the spot
Your support is crucial. Please send your CHECK OR MONEY ORDER MADE OUT TO
Prison Action Network
PO Box 6355
Albany NY 12206
FOR AN ATTRACTIVE FLYER, PLEASE EMAIL PRISON ACTION NETWORK .
Prison Action Network thanks the Community Church of NY, Unitarian Universalist, for their support.
Posted August 28:
Tune in to Black Entertainment Television (BET) this Friday, August 29, 2008 at 11:30pm to watch the Fortune Society's Vice President of Development and Public Affairs, Glenn E. Martin, featured in an important and timely documentary "Locked Out: Ex-Cons and the Vote." In the midst of one of most historic presidential campaigns, the program takes an in-depth look at the voter disfranchisement of men and women with criminal records across the country. The Fortune Society's David Rothenberg Center for Public Policy (DRCPP) and the Brennan Center for Justice were approached by BET to help shed light on the myriad laws and practices that bar people with criminal records from the polls and lead to de facto disfranchisement of thousands of eligible men and women in our country. The program is being aired as part of BET's companion coverage for the Democratic National Convention.
About "Locked Out: Ex-Cons and the Vote"
In what is undoubtedly another historic election year, as the nation continues its ongoing discussion about the power of the Black vote, BET News correspondent Samson Styles investigates how these laws continue to affect African American votes at the polls. As one of the 5.3 million people in America who has lost the right to vote due to a criminal conviction, Styles sets out on a journey to regain his own voting rights, explore the state-to-state differences of disfranchisement laws, and investigate the national effects of such legislature.
Posted August 25:
If you are at all concerned about the fact that our schools spend more on "security" than on education, and that our school children are treated much the same as people in jail, then you will probably find the video below to be of interest.
Support The Youth, Ensure their Futures, Urge New York City Council Members to sign on and support the School Safety Act. Let's break the School To Prison Pipeline, Let's bring about more Transparency and Accountability within the actions being taken by the School Security Guards and the NYPD, Let's ensure those with Learning Disabilities are not Targeted, Let's Create a more Healthy place for our Youth to Learn in.
For more information on the School to Prison Pipeline: The Student Safety Act, please click on link on the right of this page.
Posted August 6:
Jennifer Arena is gone from the Parole Board, much to the relief of everyone who knew that she lacked the minimum qualifications specified for the job. She has been replaced by Joseph Crangle, who since 2000 has been an Assistant Court Analyst with the New York State Office of Court Administration assigned to the Domestic Violence Part of the Buffalo City Court where he monitors defendants compliance with court orders. From 1998 to 2000, Mr. Crangle was a Probation Officer with the Genesee County Probation Department, where he oversaw the Pretrial Release Under Supervision program. Mr. Crangle received his BA from Canisius College and his JD from the City University of New York. There is now one vacant seat on the Board.
Dear Reader,
It’s been decided. Family Empowerment Day 4 - NYC will be held on Saturday October 25, 2008 from 9-4 at the Columbia Law School. The theme is “Taking Action to Bring Our Loved Ones Home”. George Alexander, Chairman of Parole, will be the keynote speaker. He will report on “The State of Parole Today”. This is an opportunity for the families of incarcerated people in NYS to meet the head of parole, hear his point of view, and ask questions. (Be sure to listen to his interview on the Fancy Broccoli radio show [#10] on August 17, when he’ll also be taking questions. Any questions left unanswered can be asked in person on Oct 25!) Before we leave FED4-NYC we will have crafted a plan, with help from a team of advisors representing parole, legislative action, and media, for a strategy to obtain fair and just parole decisions. It’s imperative that everyone with a loved one in prison, especially who have indeterminate sentences, represents them at this year’s event. It will be the kickoff event for a major campaign, which cannot be accomplished by only a few people.
We believe that the people who are most invested in the outcome are the logical people to pay for the gathering. So that’s you, and we need your donations. There is no admission charge because incarceration puts a heavy financial burden on families, but IF you can send anything, please do. Is there anyone reading this who can’t spare a dollar or two? Please send it to us. Small donations add up. But larger donations are also necessary. Please be generous. Our victory will require some sacrifice. Checks should be made out to Prison Action Network and sent to our new address, see below. Thank you to those who have already donated.
PLEASE NOTE CHANGE OF ADDRESS FOR PRISON ACTION NETWORK:
Our new address is Prison Action Network, PO Box 6355, Albany NY 12206
In this Issue:
#1 Judge Brieant has died
#2 Crime rates decline in NYS and NYC
#3. DNA test finally possible for Everton Wagstaffe
#4 F.R.E.E. is looking for organizations to speak to school children
#5. Looking for Ms. Keough
#6 Legislative Updates
#7 Lifers and Longtermers Clearinghouse
#8 New York Theological Seminary graduation
#9 Parole updates
#10 Prison Radio
#11 Recommended reading
#12 Telephone Justice Campaign reports on contract
#13 Transportation to prisons
#14 What’s happening in NYS
#15 FED4-NYC information.
Send an email for a copy of the FED4-NYC FLYER to duplicate and distribute far and wide
1. JUDGE CHARLES BRIEANT, IN WHOSE COURT GRAZIANO VS. PATAKI WAS BEING HEARD, DIED ON JULY 20 2008 AT THE AGE OF 85.
Judge Brieant was a great man and a great judge. We are very saddened by his death. According to news reports he had been ill for some time and had not been in court for the last couple of months, which probably explains all the changes in the schedule of hearings during the last year. The cause of his death was not disclosed.
New readers may not know that Judge Brieant was hearing the Graziano vs Pataki lawsuit charging Pataki, and subsequent administrations who did not change the alleged policies, with imposing an unwritten and unlegislated policy of denying parole to A1 Violent Felons based solely upon the nature of their crime.
The case will be assigned to a new judge. In the meantime, the legal team is proceeding with the final stages of discovery.
2. CRIME STATISTICS SHOW NY STATE’S CRIME RATE DECLINED STEADILY FROM 1998 TO 2007. THE LARGEST DECLINE WAS IN THE RATE OF VIOLENT CRIMES. NYC HAD A MUCH LARGER DECLINE THAN COUNTIES OUTSIDE OF THE CITY.
Over the past 10 years, the crime rate in New York State has declined steadily. The largest reductions in crime rate were reported for motor vehicle theft, burglary, and robbery. Overall, the rate of index crimes per 100,000 resident population has declined 33% since 1998; the rate of violent crimes (murder, rape, robbery, and aggravated assault) fell 35% and property crimes (burglary, larceny, and motor vehicle theft) were down 33%.
While New York State’s crime rate has decreased greatly over the past 10 years, New York has also reported a significant reduction in the actual number of crimes reported. Since 1998, the number of major crimes reported has fallen every year to the lowest levels recorded since statewide reporting began nearly 40 years ago. In 2007, there were 190,052 fewer crimes reported than in 1998, while the population of the State has increased by over one million since 1998.
Not all areas of the State have benefited equally from the historic reduction in crime. The decline in Index crime in New York City was much larger than that experienced in counties outside of New York City.
Given the greater decline in crime in New York City, the proportion of statewide crime that each region accounted for has shifted dramatically. The counties outside New York City now account for 56% of the reported crime statewide, as compared to 37% in 1990.
While a higher proportion of the State’s violent crimes occurred in New York City, that region reported a 41% drop in violent crimes since 1998, while the Non-New York City counties reported a decline of 3%. While all violent crime categories declined in New York City between 1998 and 2007, the Non-New York City region reported increases in both murders and rapes over the last 10 years.
Recent Statewide Crime Trends: 2006 vs. 2007
The most recent 2007 crime data show that crime volume in New York State declined for the 17th consecutive year. In 2007, New York State reported an overall drop of 4% in the seven major Index crimes as compared to 2006. Violent crimes dropped by 5% and the largest decline was reported in murders Property crimes were down 4% driven by a 13% drop in motor vehicle thefts.
The Non-New York City region reported larger declines in index, violent and property crimes between 2006 and 2007 than the New York City region. This marks the first time since 1993 that the annual crime decline outside of New York City exceeded the decrease reported within New York City.
3. DNA TEST FINALLY POSSIBLE FOR EVERTON WAGSTAFFE WHO HAS REFUSED TO SEE THE PAROLE BOARD BECAUSE HE CLAIMS HE IS INNOCENT AND THEREFORE CAN’T EXPRESS REMORSE FOR A CRIME HE DIDN’T COMMIT.
Everton Wagstaffe says he is completely innocent of the crime for which he was convicted and sentenced to 12 - 25, of which he has served 16.5. He refuses to see the parole board because he won't express remorse for the crime he says he didn't commit. When the case was tried DNA testing was new and so not used on evidence that fortunately still exits. He fought to find a way to have tests done, and finally in June the Legal Aid Society agreed to pay for them. He credits his success to the kindness of strangers, who listened to him and were moved to help.
4. FAMILIES RALLY FOR EMANCIPATION & EMPOWERMENT (F.R.E.E.) OFFERS OPPORTUNITY FOR ORGANIZATIONS TO GET INVOLVED IN CHARACTER DEVELOPMENT PROGRAM AT OUR WORLD NEIGHBORHOOD CHARTER SCHOOL IN ASTORIA.
The school's current character education program is called the "Pillars of a Positive Community". Each month a pillar is emphasized through various activities, writings and lessons in the classroom. This year we wanted to take it a step further by inviting groups who reflect one of the pillars into our schools to speak with our students and provide opportunities for our students to further understand the pillars through hands-on learning.
The pillars are: Sept: Respect; Oct: Courage; Nov: Kindness; Dec: True Friendship; Jan: Truth; Feb: Responsibility; March: Self Discipline; April: Fairness; May: Citizenship; June: Perseverance
Does your organization reflect one of these pillars and which one? Would you be willing to come to our school and speak to students about your work? Is it possible that our students would be able to get involved with your organization throughout the year to further understand the meaning of each pillar?
Our World Neighborhood Charter School (www.owncs.org) is located in Astoria/Long Island City, 31-20 37th St. Astoria, NY, first exit off Triboro, near the V train.
Please reply to: cbarnes@owncs.org, or Denise B., Families Rally for Emancipation & Empowerment (F.R.E.E); 81 Willoughby St. #701; Brooklyn, NY 11201; (718)852-0012)
5. MS. KEOUGH, WHO FORMERLY TAUGHT BASIC ADULT ED AT EASTERN C.F.
Building Bridges would like to pass on a message from a good friend who was one of Ms. Keough’s former students. Please email Building Bridges if you have any information. Thank you.
6. LEGISLATIVE UPDATES ON BILLS PERTAINING TO PRS, HIV/AIDS INFORMATION, JOB DISCRIMINATION, UNANIMOUS PAROLE BOARD DECISIONS, REENTRY TAX CREDIT, 2 MERIT TIME BILLS, PRIVACY OF INFORMATION, WORKING WHERE ALCOHOL IS SOLD, and FREE RAP SHEET.
[Status of several other bills was mentioned in July Building Bridges] (For copies of any of these bills, please email us)
Note that not many of these were signed into law by the governor. Some passed in both houses but are not yet signed; some passed in only one house and need to be reintroduced at the next legislative session which begins January 2009; others stayed in committee and also need to be reintroduced.
PASSED AND SIGNED INTO LAW BY THE GOVERNOR:
S8714/ A11764 - Nozzolio, Aubry: PRS BILL. Passed and Signed into law. This bill, pertaining to Post Release Supervision, was described in the July Building Bridges.
Building Bridges congratulates all the people who worked in support of this and other important bills! (Even though Post Release Sentencing is a controversial issue, we feel the revised bill is fair and offers timely judicial remedies to those who were never required to be under PRS.) We know it took education, persuasion, compromise and much difficult work to bring these bills from conception into law. We appreciate our representatives who drafted these bills, applaud the Senate members who voted for them, and commend Governor Paterson for his wisdom in signing them. And we don’t take our support in the Assembly for granted either. But it takes everyday people like you and me who are willing to work tirelessly to convince our representatives in government that there is enough support for bills like these to make it safe for them to sponsor them or vote for them. Let us learn from this that we too can change things! Join us at Family Empowerment Day 4 with your ideas, and then roll up your sleeves for a lot of work in the year ahead.
PASSED IN BOTH HOUSES, NOT YET SIGNED BY THE EXECUTIVE:
S8508/ A.8849 - Montgomery, Peoples: DISTRIBUTION OF HIV/AIDS PREVENTION INFORMATION to Persons In Prison & Upon Release. Requires New York correctional facilities to provide people in prison with information about the prevention of HIV, and how to obtain HIV-testing and counseling services upon release.
A10288A / S7638A - Aubry, Volker: THE EMPLOYER EDUCATION ACT requires employers to provide a copy of Article 23-A of the Correction law—which makes it illegal to automatically deny employment to qualified job seekers with criminal records and provides guidance on how criminal history information can be appropriately and legally considered amidst the hiring process—to job applicants if they run background checks during the interview process and to post Article 23-A in the workplace, which also requires that any Credit Reporting Agency (CRA) providing information about a job-seeker’s criminal history must also notify employers of their obligations under New York State Law to give the application fair consideration.
Fortune Society's David Rothenberg Center for Public Policy asks that you please take a moment out of your busy schedule to call the Governor’s office at 518-474-8390 to voice your support for the Employer Education Act (S7638A/A10288A). And if you have another minute, email them to let them know you called:
PASSED IN ONLY ONE HOUSE, NEED TO BE REINTRODUCED IN JANUARY 2009 WHEN THE NEXT LEGISLATIVE SESSION BEGINS:
S06908 - Nozzolio: Requires, among other things, a UNANIMOUS PAROLE DECISION to release an incarcerated individual convicted of any class A. felony. The bill passed the Senate in April, was delivered to the Assembly where it languished.
A05438A/ S2956B - Jeffries, Montgomery: REENTRY TAX CREDIT establishes a re-entry employment incentive tax credit, providing a $10,000 tax credit to employers who hire individuals released from New York correctional facilities in full-time jobs at 140% of the state minimum wage. It passed in the assembly; was delivered to the Senate in June where it remained in committee.
NEVER MOVED OUT OF COMMITTEE. STILL NEED TO BE INTRODUCED FOR A VOTE:
S7889 /A10716 - Montgomery, Aubry: MERIT TIME BILL, affords inmates with the ability to earn a reduction of their sentence after completing significant programming and maintaining a positive disciplinary record. Current law only allows inmates with certain nonviolent convictions to earn merit time. However, the availability of merit time allowance motivates inmates to complete necessary programming and maintain a good disciplinary record. The program has been shown to reduce prison violence and studies show that inmates granted merit time and released early have lower recidivism rates. Therefore, this bill expands the availability of the merit time program to all inmates. 4/28/08 referred to crime victims, crime and correction.
S3578 - Montgomery: MERIT TIME BILL INTRODUCED IN 2007, didn’t move out of committee. Reintroduced in Jan.’08. Provides for vesting of merit time allowance and release for prisoners with good behavior with certain limitations; provides commissioner of correctional services shall promulgate rules and regulations for merit time allowance to determine which inmates are good candidates for release. Didn’t move out of committee again this session.
S7660/ A10866 - Volker, Aubry: AMENDS THE NYS HUMAN RIGHTS LAW so that individuals are not required to divulge information pertaining to Youthful Offender adjudications and sealed violation convictions. In other words, to clarify that individuals are not required to divulge sealed information about arrests or prosecutions terminated in favor of the accused, youthful offender adjudications, and sealed non-criminal violations. It never moved out of committee.
S8022B - Winner: allows qualified individuals with criminal records to be employed in certain establishments that hold liquor licenses. Never moved out of committee.
S4970A/ A6387A - Volker, Aubry: RAP SHEET BILL requiring the Division of Criminal Justice Services (DCJS) and the Department of Correctional Services to provide a rap sheet, free of charge, to every individual being released from a New York State correctional facility, on the day of release. Each rap sheet should be accompanied by instructions for how to read, understand, and review the rap sheet for errors. Never moved out of committee.
7. LIFERS AND LONGTERMERS CLEARINGHOUSE: CALL TO ACTION! WE NEED THE FAMILIES, LOVED-ONES AND SUPPORTERS OF INCARCERATED INDIVIDUALS TO BE INFORMED ABOUT A SPECIAL MEETING THAT HAS BEEN ARRANGED BETWEEN THEM AND THE CHAIRMAN OF THE NEW YORK STATE DIVISION OF PAROLE.
This special meeting is designed to accomplish three immediate goals: 1) to bring together at one place and time those who are willing to represent and speak for those who are incarcerated in the New York State prison system, 2) to use this meeting as a first step in organizing a grassroots movement to empower these representatives and give voice to their call for a more just and equitable parole system, and 3) to establish a continuing dialogue between those communities that contribute a disproportionate percentage of the state prison population and who have a personal stake in the public safety of the environments where they live and raise families, and the corrections and parole agencies whose policies and practices have a more direct impact on these communities than other jurisdictions.
The articulation of these three goals and the on-going efforts to reach a consensus between the primary community stakeholders involved (family and community representatives, incarcerated members of the community, and the organized criminal justice advocates) about how to achieve them, constitute the initial stages of a unified strategy to bring about just and equitable parole laws and procedures.
Regarding the three primary community stakeholders, the incarcerated community members have a crucial role to play despite their imprisonment. It is the task of the incarcerated community members to notify their families and supporters about the October 25th Family Empowerment Day 4-NYC meeting with the Chairman of Parole, and to convey to them how vital it is that they attend and register.
The initial mobilization of the families and supporters of the incarcerated begins with their attendance and registration on October 25th and it is the responsibility of the incarcerated to contact them and insist that they participate in Family Empowerment Day 4-NYC.
Most often the dialogue between the incarcerated and their families and supporters regarding parole is based on complaints and commiseration, with little that family and supporters can do but echo the grievances of the incarcerated. Well now the situation calls for a dialogue based upon a discussion of objective steps to be taken by each, and the up-front role the families and supporters are required to play in a face to face meeting.
FED4 announcements providing information about the events scheduled to take place are being made available to lifer and long-termer organizations and key individuals. Word about FED4-NYC should be spread on the buses and visiting rooms and emphasis given to the importance of having an enormous turnout of families and supporters. We have enough time to make this happen!
Larry White, Co-Chair
PAN Clearinghouse Project
8. NEW YORK THEOLOGICAL SEMINARY GRADUATES TWELVE AT SING SING PRISON
Congratulations to the New York Theological Seminary's Class of 2008. The 12 graduates from the 26th graduating class at Sing Sing were: Daniel Callahan, Jae Choi, Gregorio (Koko) Cruz, Theodore (Theo) Harris, Gaston (the Judge) Jones, Joseph Mazzaferro, Robert Rose, John Royster, Warren Streeter, Nicholas Tellone, John (Divine G.) Whitfield, Juan Williams. We wish the graduates the best.
9. PAROLE BOARD ADDS MARY ROSS AND MICHAEL HAGLER; YEAR-TO-DATE A1VO PAROLE RELEASES; FACILITY STATISTICS FROM ARTHUR KILL, GROVELAND, MID-ORANGE AND WYOMING PRISONS
Parole Board Appointments:
In our July issue we reported that Joseph B. Crangle and Mary Ross had been nominated and were awaiting Senate confirmation. Apparently Crangle was not confirmed but Ms. Ross was, on June 19, to a 5 year term. There's no mention of Mr. Crangle on the Parole website. It does show that there are now 18 commissioners, and the last one to be confirmed before Mary Ross was Michael A. Hagler who was nominated by Spitzer and confirmed on 10/22/07 for a 6 yr term. He had previously served more than 30 years in law enforcement, as a senior investigator with the Office of the New York State Attorney General, as a member of the Metro Rochester Firearms Suppression Unit (Project Exile) and on the security detail for then Attorney General Eliot Spitzer in upstate New York. Prior to joining the Attorney General’s Office, Commissioner Hagler was an investigator sergeant with the Monroe County Sheriff’s Office and the department’s liaison with all local, state and federal law enforcement agencies as well as community groups. We regret there is not comparable information available for other appointees.
Parole Releases for A1VO (unofficial research from parole database)
SUMMARY FOR THE FIRST HALF OF 2008
707 interviews were held, of which 92 were initial appearances and 615 were reappearances
86 people (4 of them women) were granted parole
5 people (1 woman) were released on their initial interview,
81 (3 women) were released on a reappearances
20 (1 woman) people were released on their 2nd board, 16 (2 women) on the 3rd, 14 on 4th, 6 on 5th, 12 on 6th, 5 on 7th, 3 on 8th, 4 on 9th, 1 on 11th
JUNE A1VO PAROLE RELEASE SUMMARY:
140 interviews of which 17 were initial appearances and 123 were reappearances
17 people (none women) were granted parole
1 person was released on his initial interview (on a 25-Life)
16 were released on a reappearance.
THE 17 June A1VO PAROLE RELEASES BY PRISON:
Adirondack - M2 with 15-life on his 6th board
Adirondack - M2 with 22-life on his 6th board
Clinton - M2 with 20-life on his 2nd or 3rd (?) board
Elmira - M2 with 27.5-life on his 2nd board
Fishkill - M2 with 20-life on his 5th board
Green Haven - M2 with 25-life on his 4th board
Groveland - M2 with 15-life on his 4th board
Hudson - M2 with 25-life on his 3rd board
Mid Orange - M2 with 22-life on his 4th board
Mid Orange - M2 with 15-life on his 7th board
Mid Orange - M2 with 15-life on his 2nd board
Mid Orange - M2 with 15-life on his 6th board
Otisville - M2 with 15-life on his 6th board
Riverview - M2 with 15-life on his 3rd board
Sing Sing - M2 with 25-life on his 1st board
Wallkill - M2 with 15-life on his 3rd board
Woodbourne - M2 with 15-life on his 3rd board
JUNE-JULY 2008 RELEASES BASED ON PRISONERS' REPORTS:
ARTHUR KILL
July-August - Ferguson, Arena, Thompson
60 saw the board, 5 were granted parole
25 were initial interviews; 3 were granted parole
34 were reappearances; 1 was granted parole
1 parole violator was released
GROVELAND - video conference hearing - word of mouth report
June
21 long-termers saw the board; 1 was released on 4th board
MID-ORANGE
June [20 - 30 minute hearings]
43 saw the board; 12 (4 A1V0) were granted parole
All 31 who were denied were given 24 months
July- [5-10 minute hearings] - Ferguson, Lemons, Hagler
18 had hearings; 1 (A1VO) released after 28 years on a 15 - life.
The 17 who were denied all got 24 months.
WYOMING -
June - Vanessa Clarke, Kevin Ludlow, Jenifer Arena
65 saw the board; 15 were granted parole
35 were initial interviews; 7 were granted parole
19 were reappearances; 0 were granted
11 were merit boards; 8 were granted
July - William Smith, Patrick Gallivan, Gerald Greenan
38 saw the board; 6 were granted parole
23 were initial interviews; 4 were granted parole
10 were reappearances; 1 was granted
5 were merit boards; 1 was granted
10. PRISON RADIO - LISTEN TO AMY BARASCH, EXECUTIVE DIRECTOR FOR NYS OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE; PRISON ACTION NETWORK, CPR, AND OTHERS TALK ABOUT PAROLE; GEORGE ALEXANDER TAKE QUESTIONS FROM CALLERS.
Amy Barasch and George Alexander will be on the Fancy Broccoli Show on August 3 and 17 respectively.
“Fancy Broccoli” airs on WVKR, 91.3FM, Poughkeepsie NY on Sundays from 3 - 6 pm, Eastern Time, and streams online - go to www.WVKR.org and click on (or near) the word 'LISTEN'.
Visit archives www.fancybroccoli.org to find lots of other good interviews. Write Fancy Broccoli Show, WVKR, Box 726, Vassar College, Poughkeepsie, NY 12604-0726
Members of PAN, CPR, and others will be guests on On The Count, August 9, at WBAI-NY 99.5FM from 10:30 'til noon. We’ll be discussing Parole and the upcoming Family Empowerment Day 4 which will Take Action to get parole releases for our loved ones.
11. RECOMMENDED READING: "NOT THE USUAL SUSPECTS: THE POLITICS OF THE PRISON BOOM ", BY MARIE GOTTSCHALK, THE LEAD ARTICLE IN THE JULY 2008 PRISON LEGAL NEWS. IS A COMPREHENSIVE ANALYSIS OF HOW WE GOT TO BE THE “WORLD’S WARDEN, INCARCERATING A HIGHER PROPORTION OF ITS PEOPLE THAN ANY OTHER COUNTRY.”
An interesting point Gottschalk makes is that we’ve had an “erosion of the separation between state and society in the making of penal policy, allowing blunt measures of public passions, such as opinion polls, to be accorded a central role. This facilitated the prison boom by deflecting attention from the central question of what are the limits, if any, to the state’s power to punish and kill “
[Prison Legal News, 2400 NW 80th St. #148, Seattle WA 98117, 206 246 1022]
12. TELEPHONE JUSTICE CAMPAIGN REPORTS ON LATEST DEVELOPMENTS WITH THE NEW PHONE CONTRACT.
As most readers know, the NY Department of Correctional Services (DOCS) prison telephone contract is supposed to change this year to comply with the Family Connections bill, which we all worked together last year to get passed. Originally we thought it would switch over on April 1, 2008, because the current contract with Global Tel Link was supposed to officially end on March 31, 2008. The last we knew, DOCS was taking 90 days to switch over the contract and had told us it would change in June.
The contract turnover has now been delayed again. GTL has challenged the award of the new contract in court (apparently this is typical in the world of multi-million dollar government contracts), and there is currently litigation pending that is prolonging the implementation of the new contract. DOCS is expecting resolution over the dispute this month, but because of the litigation they have not been able to start any of the work they need to do in advance of the change in contract. DOCS now expects the new contract to be up and running in September.
lauren melodia | center for constitutional rights | 666 broadway 7th floor | ny ny 10012 | 212.614.6481 | lmelodia@ccrjustice.org
13 TRANSPORTATION TO PRISONS
From the Capital District:
NEST Prison Shuttle schedule: Mt. McGregor, Washington, and Great Meadow CFs on Sat, Aug 2 ($35 adults, $25 children), Coxsackie, Greene, and Hudson on Sat, Aug 9 ($20 adults, $15 children) from Oakwood Ave Presbyt. Church parking lot, Troy at 7 AM, then to Albany Greyhound bus station at 7:15. Trip to Utica (Midstate, Marcy, Mohawk, Oneida) on Sat, Aug 16 leaving Troy at 5 AM. Sullivan trip (Ulster, Eastern, Woodbourne, Sullivan) on Sat, Aug 23 leaving at 6:30 AM ($45 adults, $30 children). Reservations: Linda O'Malley 518- 273-5199.
Door to door, free rides are offered from Albany to prisons within 150 miles by a volunteer of FUUSA’s Justice Committee. Please contact us at 518 253-7533 if you need a ride.
CarPooling: Please call 518 253 7533 if you would be willing to take a passenger or if you want a ride.
Statewide: DOCS Free Bus - to find out how to sign up, from NYC area: Deacon Mason on Tues. &
Fri., 212 961 4026 and from Albany: on Wed & Thurs., 518 485 9212; from Buffalo area: Rev. Roberson 716 532 0177, x4805; from Syracuse: Sister Patricia: 315 428 4258
14, SAVE THE DATE!
Saturday October 25 2008
Family Empowerment Day 4 - NYC
"Taking Action to Bring Our Loved Ones Home"
TIME: 9 - 4
PLACE: Columbia Law School, Jerome Greene Building, 435 West 116th St. (corner of Amsterdam)
MAKE SURE YOUR FAMILY IS THERE!
KEYNOTE SPEAKER:
Board of Parole Chairman George Alexander
"The State of Parole Today"
followed by Q & A session
DOCUMENTARY FILM:
"The Visitors"
featuring families making the bus trip to upstate prisons
followed by a panel discussion with filmmaker and members of the cast, formerly incarcerated people,
and an analyst to 'connect the dots'.
GETTING DOWN TO BUSINESS - STRATEGY SESSION with a TEAM OF ADVISORS
*FREE ADMISSION AND LUNCH
*Networking
*Action Tables - Every table will have an action you can take on the spot
Your support is crucial. Please send your CHECK OR MONEY ORDER MADE OUT TO
Prison Action Network
PO Box 6355
Albany NY 12206
FOR AN ATTRACTIVE FLYER, PLEASE EMAIL PRISON ACTION NETWORK .
Prison Action Network thanks the Community Church of NY, Unitarian Universalist, for their support.
Sunday, June 29, 2008
JULY 2008 EDITION
Please scroll down to get to the Building Bridges monthly newsletter.
Posted July 8: Family Empowerment Project of Prison Action Network announces:
SAVE THE DATE!
It's official:
Family Empowerment Day 4 - NYC
"FED4:Taking Action to Bring Our Loved Ones Home!"
Saturday October 25 2008
9 - 4
Columbia Law School, Jerome Greene Building
435 West 116th St. (corner of Amsterdam), Manhattan
MAKE SURE YOUR FAMILY IS THERE!
Posted July 8:
The Jailhouse Lawyer Manual is now available online. A link appears on this site, in the right hand column.
THE JULY 2008 EDITION OF BUILDING BRIDGES
Dear Reader,
Prison Action Network believes the law is our most powerful tool. We work hard to keep you updated about legislation that is proposed, from its introduction until its passage (or not). We hope you use that information to try to persuade your state senator and assemblyperson to do what is right. I’ve heard that if a legislator gets eight pieces of mail about an issue, he or she believes it’s one that matters to his/her constituents. Most of us are letter writers. That’s how we keep in touch with our loved ones on the other side of the wall. So I challenge you. Next time you learn about something related to incarceration that distresses you, write one more letter a week. A letter to your representative; a letter supporting the changes you want to see. There will be a workshop at Family Empowerment Day 4 - NYC on writing these kinds of letters. There are articles below about legislation that affects us.
On another note, it’s time to start sending your donations for FED4. Last year it cost us $4777. All the donations came from people in prison and their loved ones. We don’t get any other funding for this event and we don’t charge for it. You came through last year, and we have faith you will again. Please contact us at prisonactionnetwork@gmail.com to find out how to donate.
Thank you for all the suggestions you sent last month. We will consider them all on July 5 when we make our final decisions about the venue and the agenda. Our strength depends on our commitment to work together and work hard!
Please share your copy of Building Bridges. We all need to be on the same page! [If you want more information about anything you read here, please contact us at prisonactionnetwork@gmail.com and we'll send you whatever we have.]
In this Issue
1. Joe Bruno leaving the Senate
2. Commission on Sentencing Reform
3. From the Inside
4. Higher education in NYS prisons
5. Intake centers opening in two new locations
6. Ion scanner research
7. Legislative review
8. Lifers and Longtermers - housing
9. Marijuana penalties
10. Medical Parole ineligibility
11. Oath mistake results in reversal
12. Parole
13. Paterson repeals past Executive Orders
14. Prison Radio
15. Sentencing Commission report postponed
16. Transportation to prisons
17. Website news
18. What's happening around NYS
1. JOE BRUNO RETIRING
On June 24, Gov. Paterson announced that Senate Majority Leader Joseph Bruno had decided not to seek reelection. On June 25, Senate Republicans, in a vote of 22 to 20, chose Dean G. Skelos, known as a "tough on crime" legislator, to replace Mr. Bruno as majority leader. Having been chosen by such a slim majority, and with an election coming up in November in which the Democrats are strongly fighting to take control of the state legislature, it remains to be seen how long he will retain his new position. It will depend on the will of NYS voters.
2. COMMISSION ON SENTENCING REFORM IS SCHEDULED TO RELEASE THEIR FINAL REPORT AT THE END OF THIS YEAR, IN A POSTPONEMENT FROM THE ORIGINAL DATE OF MARCH 1 2008.
An unsigned letter to Al Chessman from the Division of Criminal Justice Services, dated May 29, states that in order to provide the Commission on Sentencing Reform adequate time to thoroughly research and prepare a report of comparable depth and quality to its Preliminary Report, the deadline has been extended from the original date of Mar.1 '08. Instead they intend to issue the report in Dec. 2008. It will address sentencing issues discussed in the the Preliminary report, taking into account the testimony provided earlier this year at hearings conducted in Albany, Buffalo and NYC. This report will be made available to the public and for review in each correctional facility's law library.
3. FROM THE INSIDE: SUGGESTIONS FOR THE GOVERNOR AND LEGISLATORS WHO CARE ABOUT WHAT’S GOING ON IN NYS PRISONS
We're sick of complaining. We want you to come where we are and experience what it's like. Here are some ideas of what you could do:
1. If you're the governor or a legislator, who has the authority to make unannounced visits, come see us. Spot check the correctional facilities and mental health facilities in NYS. Don't give notice you're coming. Check the bathrooms on the tiers; check the kitchens. Come at mealtime and share the food.
2. Go through processing to enter the visiting rooms and watch how people are treated. Ask them if anything unusual happened on this occasion, since you were there. In the visiting room, notice how other visitors are allowed to interact; ask family/friends of the incarcerated about their experiences. Ask them and the staff for suggestions on how to improve the visitation experience.
3. Visit more than once, notice how the rules differ from day to day and prison to prison. Go through the metal detectors. Wear the same clothes and shoes each time, with the same jewelry. Ask about the rules regarding packages, look for consistency.
4. Send identical reading material to several inmates at different facilities,and see what happens. Call prisons or mental facilities and ask about the rules regarding what inmates can receive.
[Of course, you'd have to do some of this incognito. You won't be treated like our families if they know your true identity. Guaranteed.]
Then explain to us the justification for all of it. - Anonymous
4. ON MAY 12 NYS DOCS SPONSORED A FORUM ON DEVELOPING PARTNERSHIPS FOR POST-SECONDARY EDUCATION IN NY PRISONS. A SURPRISINGLY LONG LIST OF CURRENTLY AVAILABLE PROGRAMS WAS REPORTED.
Interested stakeholders began a conversation about forming partnerships among facilities, institutions of higher education, community groups and charitable foundations to sponsor college programs as integral components of DOCS' reentry initiatives. About 80 participants - colleges, facilities, community organizations and formerly incarcerated individuals attended.
It was reported that these college programs are already available at NYS prisons:
ALBION: Marist College, federally funded thru the Workplace and Community Transition Training for Incarcerated Youth Offenders Grant
ARTHUR KILL: Rising Hope, Inc. - 1 yr cert. in ministry and human services. Credits can be transferred to Boricua College, privately funded
AUBURN: Cornell Univ.- college credits and transcripts. privately funded
BAYVIEW: Bard College - Associate's and Bachelor's degrees, privately funded
BEDFORD HILLS: Marymount Manhattan College, a consortium of 13 schools. Associate's and Bachelor's Degrees, privately funded
EASTERN : Bard College - AA & BA degrees, privately funded
FISHKILL: Rising Hope, Inc. - 1 yr cert. in ministry and human services, privately funded
GREEN HAVEN: Rising Hope, Inc. - 1 yr cert. in ministry and human services, privately funded
GREENE: Marist College, federally funded thru the Workplace and Community Transition Training for Incarcerated Youth Offenders Grant
MID ORANGE: Rising Hope, Inc. - 1 yr cert. in ministry and human services, privately funded
SING SING: Hudson Link - Mercy College and Nyack College - AA & BA degrees, privately funded New York Theological Seminary - Masters of Professional Studies Program, privately funded
TACONIC: Nyack College - Liberal Arts credits, funded thru College Mission
WASHINGTON: Marist College, federally funded thru the Workplace and Community Transition Training for Incarcerated Youth Offenders Grant
WYOMING: the Consortium of the Niagara Frontier - Niagara Univ., Canisius College & Daemen College - Associate's and Bachelor's Degrees, funded thru Legislative Member Items
WOODBOURNE: Bard College - AA & BA degrees, Rising Hope - 1 yr cert. in ministry and human services, privately. funded
5. TWO NEW DOCS INTAKE CENTERS OPENING - WILL SAVE MONEY FOR TAXPAYERS IN WESTERN AND CENTRAL NEW YORK BECAUSE IT WILL LOWER THE COST FOR COUNTIES TO TRANSPORT PEOPLE TO STATE PRISON
DOCS plans to open one intake center at Albion Correctional Facility, a women’s prison in Orleans County, and another at Auburn Correctional Facility, a men’s prison in Cayuga County, on July 1.
When county jail inmates are sentenced to serve a prison term in a New York State correctional facility, the county Sheriff is required to transport them to one of a few designated prisons for processing by state correctional officials. Last year, county Sheriffs and the New York City Department of Corrections transported to such designated State prisons 27,702 offenders who either were convicted of a new crime or violated the conditions of their parole.
Sheriffs across the State currently transport female county jail inmates to Bedford Hills Correctional Facility in Westchester County, the only DOCS “reception/classification” center for women. Albion is much closer to counties in Western and Central New York. The New York State Sheriffs Association anticipates considerable savings to those counties through reduced transportation and manpower costs, while DOCS anticipates only nominal additional costs.
DOCS Commissioner Brian Fischer decided to open Albion and Auburn as intake centers after a recent Sheriffs’ Association-sponsored training conference at which a number of Sheriffs told him they must make lengthy trips to deliver inmates into State custody.
DOCS is providing some new beds at Albion and Auburn for intake purposes, but the Department already runs regular buses between correctional facilities to transfer inmates and will simply place intake inmates on buses already headed to reception/classification center correctional facilities the next day.
For example, Sheriff’s Offices will drop female inmates at Albion the day before a weekly DOCS bus runs between Albion and Bedford Hills. DOCS also runs regular buses between Auburn and Elmira, which is one of three main male reception/classification centers along with Downstate Correctional Facility in Dutchess County and Ulster Correctional Facility in Ulster County.
Reception/classification centers provide an array of medical and mental health screening and assessment services to help DOCS officials determine the most appropriate State correctional facility to place each inmate. The reception/classification centers also provide each new inmate with an orientation program on prison rules and regulations. 6-22-08
6. RESEARCH PROJECT ON ION SCANNING OF PRISON VISITORS WOULD LIKE TO HEAR ABOUT YOUR EXPERIENCES.
Alison Coleman reports that Prison Families of NY will be doing research and related work on the ION scanner, which has been an instrument of fear and worry for many NYS DOCS visitors. Please contact intern Melissa Borgos (mborgos1113@earthlink.net) if you know of anyone who would like to talk about their experience or if your agency would like to pass on any research or collaborate with us or if you have had contact with NYS DOCS on this matter and would like to share what you have learned.
7. THE LEGISLATION BELOW WAS INTRODUCED THIS SESSION BUT MOST PASSED IN ONLY ONE HOUSE. THOSE BILLS HAVE TO BE RESUBMITTED TO THE ORIGINATING HOUSE IN JAN 2009 WHEN A NEW 2-YEAR TERM BEGINS
DEATH PENALTY LEGISLATION S - 4632 same as A8157
6/18 Senate passes, Delivered to Assembly, Referred to Codes
The State Senate passed legislation, sponsored by Senator Dale Volker (R-C-I, Depew) and Anthony S. Seminerio (D-Queens) that would amend the state’s death penalty law to bring back the death penalty and change a provision that was ruled invalid by the state Court of Appeals. In 2004, the Court of Appeals overturned death penalty sentences, saying that judges were improperly required to instruct jurors in capital cases that if they deadlocked and failed to reach a verdict during the penalty phase of a trial, the judge would impose a sentence that would leave the defendant eligible for parole after 20 to 25 years.
Bill S4632/A8157 would restore the death penalty as an option and in addition to life in prison without parole, juries would be given a third option of imposing a sentence of life in prison with the possibility of parole, when sentencing convicted murderers. If a jury is deadlocked, a sentence of life without parole would be imposed, and juries would be told of that provision before sentencing.
All pending death penalty cases, as well as crimes committed prior to the effective date of any change in the law, would be affected by the changes included in this bill.
REQUIRES 24-MONTH NOTICE OF PLANNED PRISON CLOSURE - S7467 same as A10361
6/18 Senate passes, Delivered to Assembly, Referred to Correction
This legislation, sponsored by Senator Betty Little (R-C-I, Queensbury), and Assemblymember Tim Gordon (I-Bethlehem) increases the amount of notice the Commissioner of DOCS must provide - to local governments, labor organizations and certain managerial employees - from 12 months currently required to at least 24 months prior to a correctional facility closing, and to report on an adaptive reuse plan for the facility at the time of such notice (currently 6 months are required).
ALLOWS COLLECTION OF DNA UPON ARREST - S6726A same as A10361
6/10 Senate passes, Delivered to Assembly, Referred to Codes
Sponsored by Senator John A. DeFrancisco (R-I-C-WF, Syracuse) it would allow for the collection of DNA samples upon an individual's arrest, whereas formerly it could only be obtained at conviction. This bill would ensure that law enforcement officials can collect DNA samples from “designated offenders” upon their arrest and expand the definition of "designated offender" to include anyone who is arrested of an offense where fingerprints are required to be taken, adjudicated as a youthful offender or compelled to register as a sex offender. This legislation sets procedures for collecting DNA samples and penalties for those who fail to provide a DNA sample. It would also require the sample to be forwarded to a forensic DNA laboratory for testing and analysis and require such a sample to be included in the State DNA identification index.
This comprehensive bill would also establish the Commission for Exoneration Review, which would review recent cases where convicted defendants were subsequently exonerated by DNA evidence.
ALLOWS CRIME VICTIMS TO KNOW WHEN PERPETRATORS ARE UP FOR PAROLE - S268-A Same as A1821
5/28 Senate passes, Delivered to Assembly, Referred to Governmental Operations
This bill would allow crime victims, upon request, to be notified of a parole hearing involving the perpetrator of the crime. The bill, sponsored by Senator Jim Alesi (R-C, Perinton), would provide victims, and in some cases family members, notice of the hearing to be sent by first class mail at least 60 days prior to the hearing.
TO KEEP REPEAT VIOLENT FELONS BEHIND BARS - S435A Same as A 4479-A
4/3 Senate passes bill, Delivered to Assembly, Referred to Codes
Sponsored by Senator (and the new Senate Majority Leader) Dean Skelos (R, Rockville Centre), it would require judges to sentence persistent violent felons to life in prison without the possibility of parole. This legislation will require that a defendant who has been separately convicted and sentenced to three or more violent felonies, and who is determined by a court to be a persistent violent felony offender, be sentenced to life imprisonment without parole.
POST RELEASE SUPERVISION - A11764 - Same as S 8714 [Too long to print; here’s the Existing law summary and the Sponsor’s Memo; send SASE for the text of bill]
06/24 Senate passes, Delivered to Assembly, Assembly passes, Returned to Senate
06/25 Delivered to Governor, who has 10 days (not counting Sundays) to sign. If he fails to sign by then it automatically passes into law.
Existing Law: Criminal Procedure Law §380.20 provides that the court must pronounce sentence in every case where a conviction is entered. Penal Law §70/45(1) provides that each determinate sentence "also includes, as a part thereof, an additional period of post-release supervision."
Sponsor’s Statement in Support [Sponsored by Nozzolio and Aubrey]:
In 1998, the New York State Legislature enacted Jenna's Law, which was named for Jenna Grieshaber, a twenty-two-year-old nursing student who was murdered by a violent felon released from prison after serving only two-thirds of his sentence. Jenna's Law amended the Penal Law to end "indeterminate sentences" - i.e., sentences running between certain minimum and maximum periods set by the court at the time of sentencing - for criminal defendants convicted of violent felonies. Instead, Jenna's Law required "determinate" sentences, and also created a schedule of mandatory terms of PRS to be included as a part of the determinate sentences of violent felony offenders. In many cases, judges informed defendants, at the time of sentencing, that they would be subject to a period of PRS following completion of their determinate sentence; in other cases, they did not, and DOCS simply included the PRS pursuant to the terms of the Penal Law. Over time, offenders challenged DOCS's calculation of PRS as part of their determinate sentence, and courts throughout the State were split on this legal issue -with some finding that PRS automatically was a part of the sentence by operation of law, and others finding PRS had to be expressly imposed by the sentencing court. On April 29, 2008, the New York State Court of Appeals issued two decisions (Matter of Gamer v. DOCS and People v. Sparber) that finally resolved some of the legal issues associated with the imposition of PRS. Most notably, the Court ruled that only the sentencing judge has the authority to impose the PRS component of an offender's determinate sentence, and that the period of PRS must be stated by the judge at the time of sentencing in the offender's presence. The Court in Garner also ruled, however, that its holding was "without prejudice to any ability that either the People or DOCS may have to seek the appropriate resentencing of a defendant in the proper forum." Since then, DOCS and Parole have undertaken major initiatives to bring the relevant cases to the attention of the sentencing courts, so that those courts can make decisions about re-sentencings. The initiatives have already had some success in arriving at resolution of individual cases, but it has become clear that it would be hard to reach resolutions of all the relevant cases through such initiatives alone. This bill provides a statutory framework that facilitates and mandates a comprehensive review. This will allow DOCS and Parole to obtain definitive judicial guidance as to which defendants are to remain subject to PRS and which are not. Such guidance is crucially important. There would be unacceptable consequences for public safety if these agencies ended custody or supervision when there is legal basis for it, and unacceptable consequences for individual liberty it they continued custody or supervision when there is not such legal basis. The problem is immensely magnified by factors, such as the absence of sentencing minutes, that may make it impossible in many cases for the agencies to know whether PRS was properly imposed at the time of sentence. Such matters are appropriate for judicial resolution.
The bill also addresses an issue arising from the Court of Appeals decision in People v. Catu. When a defendant who pleads guilty has not been informed that the sentence would include a term of PRS, the defendant may later seek for the plea to be vacated. This bill allows the District Attorney to consent to re-sentencing to the previously imposed determinate term without any term of PRS. By allowing defendants in this situation the benefit of their plea bargains, there should be no need for the pleas to be vacated.
While the bill provides effective relief as to unlawful sentences imposed in the past, it also makes related improvements going forward. Current statutory language seems to reflect an intent that PRS arise automatically as a part of every determinate sentence. The bill replaces that approach with a requirement that sentencing courts explicitly state terms of PRS when imposing determinate sentences. This is a more open and transparent way of ensuring that defendants are sufficiently informed about their sentences. Other benefits include an enhanced ability for DOCS to facilitate correction of other kinds of unlawful sentences.
GIVES OMH AUTHORITY TO REVIEW VIOLENT INCIDENTS INVOLVING PERSONS WITH SERIOUS MENTAL ILLNESS
6/20 Agreement reached between Governor David A. Paterson and state legislative leaders.
Provides the Commissioner of the Office of Mental Health (OMH) with the authority to convene multi-agency mental health incident review panels to conduct timely, detailed and retrospective investigations of incidents involving individuals with serious mental illnesses who are harmed, who cause harm to others, who suffer serious and preventable complications, or become involved in violent incidents. These incident review panels, which will include representatives from state agencies, local governments, mental health providers, emergency services and law enforcement involved in a particular incident, will lead to both improved mental health care through reduced care errors and enhanced protection for the public. This bill is sponsored by Senator Thomas Morahan and Assemblyman Peter Rivera.
STATUS OF BILLS GETS POSTED ON THE LEGISLATIVE WEBSITE
You can follow the status of all bills at: http://public.leginfo.state.ny.us/menuf.cg. We will post any that get signed into law, so keep checking.
8. LIFERS AND LONGTERMERS CLEARINGHOUSE: TRANSITIONAL HOUSING IN THE NYC AREA AND UPSTATE NY. FATHER PETER YOUNG HAS PROGRAMS IN NYC, ONONDAGA COUNTY, SCHENECTADY AND ALBANY. DONNA DECICCO'S PROGRAM, RESTORED HOPE SERVICES, IS ON LONG ISLAND AND THE METROPOLITAN NYC AREA. FORMER OTISVILLE LIFER, JOHN (MOJO) FLYNN IS NOW WORKING WITH RESTORED HOPE SERVICES.
Peter Young's Housing, Industry, and Treatment (PYHIT)
These programs provide short-term residential, structured settings and services to parolees who require intensive substance abuse treatment. They also serve those who are at risk of supervision failure due to the onset of homelessness. The average stay is less than 90 days.
PYHIT's parole program provides a total of 75 beds: 10 in New York City, 20 in Onondaga County, 30 in Schenectady, and 15 in Albany County. Residents receive counseling, life skills training, pre-employment services, education referrals, medical treatment, and random drug testing to ensure abstinence. PYHIT has achieved a less-than-10% recidivism rate in its other reintegration programs, and is striving to achieve that success in its new Parole Stabilization Residences.
Albany County clients are typically housed at our 45 South Ferry Street Community Residence in Albany under a contract with Albany County DSS. Clients from other counties are housed at the Schuyler Inn Transitional Living Center in Menands.
In Syracuse, transitional living is provided to clients at LeMoyne Manor who are attending outpatient treatment elsewhere and vocational training on-site through the Altamont Program. Funding is provided by Onondaga County.
Peter Young's program is happy to accept referrals, provided that you have permission from your local parole office. If you are interested in our NYC programs, you must obtain the approval of an institutional parole officer, who would submit the request to the appropriate local parole office. Applicants without prior approval cannot be accepted.
The Transitional Living Center provides a continuum of treatment services for individuals who have shown a desire to recover from a life of addiction. Applicants must agree to abide by their prescribed treatment plan. Only inmates who have successfully completed the ASAT or CASAT Programs within the Department of Corrections (DOCS) are eligible to apply for admission to the Transitional Living Center.
Inmates with a criminal history that includes arson, sex offenses, manslaughter 1st degree or other acts of violence are not eligible.
In Albany, the parole site at 45 South Ferry Street also has several beds for transitional housing, funded by Albany County. At the Schuyler Inn, emergency housing is available through Traveler's Aid from both Albany and Rensselaer counties.
For more information about the parole residence nearest you:
45 Ferry Street, Albany, NY 12202, Fred Scott, (518) 432-0759
418 Fabius Street, Liverpool, NY 13088, Gwen Stokes, (315) 478-9454
629 Old Liverpool Rd, Liverpool, NY 13088, David Luibrand, (315) 451-3859
428 Duane Avenue, Schenectady, NY 12304, Clarence Carter, (518) 377-2448
Restored Hope Services Inc.
Intake: Donna DeCicco and John (Mojo) Flynn
162 Hudson Avenue, Roosevelt N.Y. 11575
(516) 417-3901
Restored Hope Services Inc. offers housing for men and women with substance abuse histories. We provide safe, structured living environments which give our clients treatment with dignity.
The facilities are fully staffed twenty four hours a day, seven days a week and have security and camera systems through out the buildings. Some locations provide three balanced meals a day, laundry facilities and a common area for dining purposes and leisure time. The buildings in Brooklyn and the Bronx and private houses on Long Island are all located in areas which provide easy access to public transportation.
Each client is evaluated and then placed in a licensed by OASAS out-patient treatment facility which will address their individual needs. All of our staff members are qualified health professionals. Supplemental services are available to guide them through school or to employment.
We accept clients whether they are on social services, disability or self pay and we will help them to obtain whatever source of payment they may qualify for. Our services are available to any person regardless of their current situation: HIV, HEP-C, PAROLE, PROBATION and METHADONE MAINTENANCE. We are not able to accept individuals with a sexual abuse crime or an arson history.
For more information, or to refer yourself or someone else please contact Donna DeCicco or John (Mojo) Flynn at (516) 417-3901 or 162 Hudson Ave., Roosevelt N.Y. 11575. Please indicate that you read about our services through Prison Action Network. The following information will be required when you are making a referral: medical history, including any psychiatric medications you are on; and/or criminal history and projected release date. You will need to provide a current PPD or Chest X-ray.
As people working in this field of substance abuse and criminal justice we have come to realize that housing our clients in affordable yet safe structured environments has been an on-going problem for an extremely long time. Our goal is to give you, our client, a place to obtain just that. You can feel comfortable knowing that we will provide a chance to begin a new life on the road to recovery. We look forward to hearing from you in the future. For further assistance please feel free to contact us at any time. - Donna and John
9. SMALL AMOUNTS OF MARIJUANA IN PRISON DO NOT REPRESENT DANGEROUS CONTRABAND AND THEREFORE CANNOT BE PROSECUTED AS FELONIES.
The NYS Court of Appeals ruled that small amounts of marijuana in prison do not represent dangerous contraband. Two incarcerated people, in separate incidents at different facilities, had been convicted of felonies in cases involving less than 10 grams of the drug. One had been given 2-4 years and the other 3-5 years. The state's top court ordered the two convictions be reduced to misdemeanors with shorter sentences. The ruling claimed that the test for "dangerous contraband" is whether its use is apt to cause death, injury, escape or other major threats to the safety or security of the facility.
10. CERTAIN PEOPLE ARE NOT ELIGIBLE FOR MEDICAL PAROLE, NO MATTER HOW DEBILITATED THEY ARE. WHY ARE WE NOT OUTRAGED BY THIS INHUMANE RESTRICTION?
Medical Parole Supervision, Executive Law, Section 259-R states that an inmate serving an indeterminate or determinate sentence may be eligible for medical parole if:
- the inmate has a terminal health condition; and
- the inmate is so debilitated or incapacitated as to be severely restricted in his or her ability to self-ambulate and to care for him or herself; and
- the inmate is not serving a sentence for murder in the first or second degree, manslaughter in the first degree, any sex offense as defined in article 130 of the Penal Law, or any attempt to commit any of these offenses. [emphasis added]
Vengeance is the only possible explanation for this restriction. It isn’t economically or morally defensible. It’s been estimated that NYS could save 5 million dollars if medically qualified people were let out on medical parole supervision. We’re talking about people on the threshold of death!
11. IMPROPER OATH REVERSES MURDER CONVICTION
Posted on Sunday, 22 of June , 2008 at 11:01 am, By June Maxam. To read the entire article, which tells how judges are disqualified if they were not sworn in properly, please visit: http://www.northcountrygazette.org/2008/06/22/improper_oath/
—So you think taking an oath is just a technicality?
The conviction of a person serving a life prison term without the possibility of parole was reversed last week by a state appellate court because potential jurors weren’t given the proper oath in Rensselaer County Court.
In sending the case back for a new trial, the state Supreme Court, Appellate Division, Third Department reinforced that “Oaths are not formalities, are sacred, and no citizen need expose himself [or herself] to loss of liberty and property by people who are not sworn”.
12. PAROLE - IMPORTANT UPDATE ON THE GRAZIANO CASE; NOMINATION OF 2 NEW MEMBERS TO PAROLE BOARD; PAROLE STATISTICS
GRAZIANO VS PATAKI
June 13: The Court adjourned the conference. NO definite date has been set for the next conference. In the meantime, the lawyers are finishing up discovery and the case will be decided either on motion or trial.
TWO PEOPLE NOMINATED TO PAROLE BOARD
Joseph B. Crangle. Since 2000, Mr. Crangle has been an Assistant Court Analyst with the New York State Office of Court Administration. In this role, Mr. Crangle is assigned to the Domestic Violence Part of the Buffalo City Court where he monitors defendants compliance with court orders. From 1998 to 2000, Mr. Crangle was a Probation Officer with the Genesee County Probation Department, where he oversaw the Pretrial Release Under Supervision program. Mr. Crangle received his BA from Canisius College and his JD from the City University of New York.
Mary Ross. She has been a Staff Attorney with the Legal Aid Society in Queens, New York since 1998. From 1990 to 1995, Ms. Ross was the Executive Director of Providence House, directing this nonprofit corporation that provides transitional and permanent housing for female ex-offenders, homeless women and their children. Ms. Ross was previously the Program Director of Providence House from 1984 to 1990. Ms. Ross was also the Campus Minister at Queens College from 1982 to 1984 and was the Director of Administrative Services at the Diocese of Brooklyn from 1978 to 1982. She received her BA in Education from St. Josephs College, her MS in Education from Brooklyn College and her JD from the City University of New York.
Salaries for Members of the Parole Board are set at $101,600. These appointments by Governor Paterson require Senate confirmation. Building Bridges has been unable to discover whether the confirmations took place, although several reliable sources have said so. The Senate is expected to return in July to take some last minute actions.
PAROLE STATISTICS: (unofficial; calculated by a reader using the Parole website - see article 17):
Year to date (Jan.- May 2008) Summary of Parole Releases of A1 Violent Offenders:
567 interviews of which 492 were reappearances and 75 were intitial appearances
of the reappearances, 65 were released, 427 were denied
of the 75 initial interviews, 4 were released, 71 were denied
Year-to-date rates of releases for A1VOs are:
13% on the Reappearances
5% on the Initials
12% on Total Interviews
May 2008 Parole Releases of A1 Violent Offenders:
165 interviews of which 145 were reappearances and 20 were initial appearances
of the 145 reappearances, 13 were released, 108 were denied, 24 were postponed
of the 20 initial interviews, 1 was released, 15 were denied, 4 were postponed
The 13 reappearances, by prison, who were released are:
Cape Vincent - Murder 2 with 15-life on his 2nd board
Fishkill - M2 with 20-life on his 5th board
Five Points for M2 with 15-life on his 3rd board
Gouverneur - M2 with 15-life on his 5th board
Great Meadow - M2 with 25-life on his 6th board
Groveland - M2 with 26-life on his 2nd board
Mt McGregor for M2 with 20-life on his 4th board
Otisville - M2 with 20-life on his 3rd board
Otisville - M2 with 15-life on his 7th board
Sullivan.- M2 with 15-life on his 9th board
Washington - M2 with 20-life on his 3rd board
Washington - M2 with 15-life on his 2nd board
Woodbourne - M2 with 15-life on his 7th board
May-June 2008 Parole Releases based on Prisoners’ Reports:
ARTHUR KILL - Lemons, Gallivan, Loomis
May-June - 27% release rate for all categories of crime
98 saw the board; 27 were granted parole (1 was deported)
39 were initial interviews; 10 received dates, 22 were denied parole, 7 were postponed
47 were reappearances; 12 received dates, 26 were denied parole, 9 were postponed
11 merit time interviews; 4 received parole, 7 were postponed
FRANKLIN -
May
107 saw the board; 46 were granted parole (1 was deported)
40 were initial interviews; 12 received date, 28 were denied parole
25 were reappearances; 1 received date, 18 were denied parole, 6 were postponed
8 merit time interviews; 6 received parole, 2 were denied
14 CR Consideration; 8 granted, 6 denied
18 parole violators; 18 granted
1 presumptive; 1 denied
1 deported
MID-ORANGE
May
37 saw the board; 3 granted (no A-1), 32 denied, 2 postponed
WOODBOURNE - Casey, Lemons, Artloff
May 33 appearances (13 were A1VO); 5 granted (1 A1VO- on 7th board),
June: 33 appearances: 2 granted (1 non-violent and 1 A1VO - on 3rd board); 3 A1VO were adjourned; 7 A1VO denied (3 on 1st board, 3 on 2nd, and 1 on 5th)
WYOMING
May - Grant, Gallivan, Hagler
56 hearings; 12 granted parole
22 initials; 1 granted, 21 denied
17 Reappearances; 3 granted, 14 denied
17 merit time reviews; 8 granted, 9 denied
13. GOV PATERSON, IN EXECUTIVE ORDER #9, REPEALS, CANCELS AND REVOKES ALL EXECUTIVE ORDERS ISSUED BY PREVIOUS GOVERNORS.:
“...all Executive Orders issued by previous Governors are hereby repealed, canceled and revoked in their entirety, with the exception of the Executive Orders set forth below and any amendments thereto, which shall remain in full force and effect until otherwise revoked, superseded or modified; and IT IS FURTHER ORDERED that a review of prior Executive Orders shall continue to determine whether additional orders should be revoked, superseded or modified.” A list of those retained follows. It includes Spitzer’s Executive Order No. 9, (Ordering the Commissioner of the Department of Correctional Services to Bar Certain Offenders from Participating in Temporary Release Programs) and Executive Order No. 10, (Establishing the New York State Commission on Sentencing Reform)..
14. PRISON RADIO SCHEDULES. BE THE CHANGE, FANCY BROCCOLI: JULY GUESTS
"Be The Change" Airs every Wednesday from 5-6pm, with different themes and call-in guests.
“Fancy Broccoli” airs on WVKR, 91.3FM, Poughkeepsie NY on Sundays from 3 - 6 pm, Eastern Time, and streams online - go to www.WVKR.org and click on (or near) the word 'LISTEN'.
Coming up on July 13, Pauly, a man who spent 25 years in prison. Save the date of August 10 for George Alexander, who will be there to answer questions.
Visit archives www.fancybroccoli.org to find lots of other good interviews. Write Fancy Broccoli Show, WVKR, Box 726, Vassar College, Poughkeepsie, NY 12604-0726
15. COMMISSION ON SENTENCING REFORM IS SCHEDULED TO RELEASE THEIR FINAL REPORT AT THE END OF THIS YEAR, ACCORDING TO A DIVISION OF CRIMINAL JUSTICE LETTER TO AL CHESSMAN
An unsigned letter to Al Chessman from the Division of Criminal Justice Services, dated May 29, states that in order to provide the Commission on Sentencing Reform adequate time to thoroughly research and prepare a report of comparable depth and quality to its Preliminary Report, the deadline has been extended from the original date of Mar.1 '08. Instead they intend to issue their report in Dec. 2008. It will address sentencing issues discussed in the the Preliminary Report, taking into account the testimony provided earlier this year at hearings conducted in Albany, Buffalo and NYC. The report will be made available to the public and for review in each correctional facility's law library.
16. TRANSPORTATION TO PRISONS:
From the Capital District:
NEST Prison Shuttle schedule: Mt. McGregor, Washington, and Great Meadow CFs on Sat, Jul 5 ($35 adults, $25 children), Coxsackie, Greene, and Hudson on Sat, Jul 12 ($20 adults, $15 children) from Oakwood Ave Presbyt. Church parking lot, Troy at 7 AM, then to Albany Greyhound bus station at 7:15. Trip to Utica (Midstate, Marcy, Mohawk, Oneida) on Sat, Jul 19 leaving Troy at 5 AM. Sullivan trip (Ulster, Eastern, Woodbourne, Sullivan) on Sat, Jul 26 leaving at 6:30 AM ($45 adults, $30 children). Reservations: Linda O'Malley 518- 273-5199.
Please call PAN at 518 253 7533 to discuss other options.
17. ADDITION TO THE DOCS WEBSITE OF VALUABLE INFO & LINKS ON RULES AND REGS.
www.docs.state.ny.us
DOCS has added information to its website: On the left, under News, there is now a link to "rules and regulations". Some rules listed for 2008 are: Bedford Hills Correctional Facility (Section 100.80 of 7 NYCRR); Unauthorized Organizational Activities, Gang Activities & Media Review; Maximum Value of Stamps in an Inmate's Personal Possession (Sections 270.2(B)(14)(vi) and 720.8(a)(2) of 7 NYCRR); Central Monitoring Case Designation Status (Part 1000 of 7 NYCRR); Urinalysis Testing (Part 1020 of 7 NYCRR); Access to Records (Section 6.2(c) of 7 NYCRR).. More and also a list of 2007’s are there as well..
The site adds that the complete listing of New York Codes, Rules, and Regulations (NYCRR) is available online through the NYS Department of State website. People in prison don't have access to the internet, but it is likely that this information is available at the facilities, and if not, advocates, friends and families who have access can print out specific information and send it to them.
The reader who contributed this added, "At the bottom of two changes that I looked at was a message that a more complete CPLR was available to a Westlaw link. I went there and though it's not complete it has rules and regs I have never been able to find before and I went to Westlaw many times while working on an article 78 for my partner. For the first time ever I was able to read the rules and regs for disciplinary hearings (superintendent hearings) and also for CMC status. Those were not available to the public before. And really interestingly it had at the bottom of each subsection NYS case law related to that subsection. Amazing! I copied so much stuff for my lawyer for our new brief.."
18. WHAT’S HAPPENING AROUND NEW YORK STATE:
BUFFALO: Prisoners Are People Too! is a justice advocacy program that meets monthly on selected Mondays in Buffalo at the Pratt-Willert Community Center, 422 Pratt Street from 6:30-8:30pm. Each meeting features a documentary film, related to some criminal justice or prison issue, and one or more guest speakers who address that issue.
At its next meeting on Monday, July 28, 2008, Prisoners Are People Too! will screen the documentary, ”Today’s Prisoners, Tomorrow’s Neighbors” (2005), produced by the Madison-area Urban Ministry of Madison, Wisconsin. M.U.M. is a non-profit, interfaith, social justice organization which describes itself as “neighbors working together, standing with the poor and hurting.” Its social justice initiatives are many, including prisoner reentry work and mentoring children who have one or more incarcerated parent.
Our guest speakers will include representatives from three organizations that assist “the poor and hurting,” including formerly incarcerated people: WNY Independent Living Project, Inc., New Life Residential Center, Inc. and Catholic Charities of Buffalo.
The next meeting of Prisoners Are People Too! is scheduled for August 25. Film and guest speaker(s) TBA.
PRP2! programs are sponsored by
The Circle of Supporters for Reformed Offenders and Friends of Baba Eng.
For further information, contact Karima Amin at karima@prisonersarepeopletoo.org
or 716-834-8438.
Prison Action Network thanks the Community Church of NY, Unitarian Universalist, for helping with our expenses
Posted July 8: Family Empowerment Project of Prison Action Network announces:
SAVE THE DATE!
It's official:
Family Empowerment Day 4 - NYC
"FED4:Taking Action to Bring Our Loved Ones Home!"
Saturday October 25 2008
9 - 4
Columbia Law School, Jerome Greene Building
435 West 116th St. (corner of Amsterdam), Manhattan
MAKE SURE YOUR FAMILY IS THERE!
Posted July 8:
The Jailhouse Lawyer Manual is now available online. A link appears on this site, in the right hand column.
THE JULY 2008 EDITION OF BUILDING BRIDGES
Dear Reader,
Prison Action Network believes the law is our most powerful tool. We work hard to keep you updated about legislation that is proposed, from its introduction until its passage (or not). We hope you use that information to try to persuade your state senator and assemblyperson to do what is right. I’ve heard that if a legislator gets eight pieces of mail about an issue, he or she believes it’s one that matters to his/her constituents. Most of us are letter writers. That’s how we keep in touch with our loved ones on the other side of the wall. So I challenge you. Next time you learn about something related to incarceration that distresses you, write one more letter a week. A letter to your representative; a letter supporting the changes you want to see. There will be a workshop at Family Empowerment Day 4 - NYC on writing these kinds of letters. There are articles below about legislation that affects us.
On another note, it’s time to start sending your donations for FED4. Last year it cost us $4777. All the donations came from people in prison and their loved ones. We don’t get any other funding for this event and we don’t charge for it. You came through last year, and we have faith you will again. Please contact us at prisonactionnetwork@gmail.com to find out how to donate.
Thank you for all the suggestions you sent last month. We will consider them all on July 5 when we make our final decisions about the venue and the agenda. Our strength depends on our commitment to work together and work hard!
Please share your copy of Building Bridges. We all need to be on the same page! [If you want more information about anything you read here, please contact us at prisonactionnetwork@gmail.com and we'll send you whatever we have.]
In this Issue
1. Joe Bruno leaving the Senate
2. Commission on Sentencing Reform
3. From the Inside
4. Higher education in NYS prisons
5. Intake centers opening in two new locations
6. Ion scanner research
7. Legislative review
8. Lifers and Longtermers - housing
9. Marijuana penalties
10. Medical Parole ineligibility
11. Oath mistake results in reversal
12. Parole
13. Paterson repeals past Executive Orders
14. Prison Radio
15. Sentencing Commission report postponed
16. Transportation to prisons
17. Website news
18. What's happening around NYS
1. JOE BRUNO RETIRING
On June 24, Gov. Paterson announced that Senate Majority Leader Joseph Bruno had decided not to seek reelection. On June 25, Senate Republicans, in a vote of 22 to 20, chose Dean G. Skelos, known as a "tough on crime" legislator, to replace Mr. Bruno as majority leader. Having been chosen by such a slim majority, and with an election coming up in November in which the Democrats are strongly fighting to take control of the state legislature, it remains to be seen how long he will retain his new position. It will depend on the will of NYS voters.
2. COMMISSION ON SENTENCING REFORM IS SCHEDULED TO RELEASE THEIR FINAL REPORT AT THE END OF THIS YEAR, IN A POSTPONEMENT FROM THE ORIGINAL DATE OF MARCH 1 2008.
An unsigned letter to Al Chessman from the Division of Criminal Justice Services, dated May 29, states that in order to provide the Commission on Sentencing Reform adequate time to thoroughly research and prepare a report of comparable depth and quality to its Preliminary Report, the deadline has been extended from the original date of Mar.1 '08. Instead they intend to issue the report in Dec. 2008. It will address sentencing issues discussed in the the Preliminary report, taking into account the testimony provided earlier this year at hearings conducted in Albany, Buffalo and NYC. This report will be made available to the public and for review in each correctional facility's law library.
3. FROM THE INSIDE: SUGGESTIONS FOR THE GOVERNOR AND LEGISLATORS WHO CARE ABOUT WHAT’S GOING ON IN NYS PRISONS
We're sick of complaining. We want you to come where we are and experience what it's like. Here are some ideas of what you could do:
1. If you're the governor or a legislator, who has the authority to make unannounced visits, come see us. Spot check the correctional facilities and mental health facilities in NYS. Don't give notice you're coming. Check the bathrooms on the tiers; check the kitchens. Come at mealtime and share the food.
2. Go through processing to enter the visiting rooms and watch how people are treated. Ask them if anything unusual happened on this occasion, since you were there. In the visiting room, notice how other visitors are allowed to interact; ask family/friends of the incarcerated about their experiences. Ask them and the staff for suggestions on how to improve the visitation experience.
3. Visit more than once, notice how the rules differ from day to day and prison to prison. Go through the metal detectors. Wear the same clothes and shoes each time, with the same jewelry. Ask about the rules regarding packages, look for consistency.
4. Send identical reading material to several inmates at different facilities,and see what happens. Call prisons or mental facilities and ask about the rules regarding what inmates can receive.
[Of course, you'd have to do some of this incognito. You won't be treated like our families if they know your true identity. Guaranteed.]
Then explain to us the justification for all of it. - Anonymous
4. ON MAY 12 NYS DOCS SPONSORED A FORUM ON DEVELOPING PARTNERSHIPS FOR POST-SECONDARY EDUCATION IN NY PRISONS. A SURPRISINGLY LONG LIST OF CURRENTLY AVAILABLE PROGRAMS WAS REPORTED.
Interested stakeholders began a conversation about forming partnerships among facilities, institutions of higher education, community groups and charitable foundations to sponsor college programs as integral components of DOCS' reentry initiatives. About 80 participants - colleges, facilities, community organizations and formerly incarcerated individuals attended.
It was reported that these college programs are already available at NYS prisons:
ALBION: Marist College, federally funded thru the Workplace and Community Transition Training for Incarcerated Youth Offenders Grant
ARTHUR KILL: Rising Hope, Inc. - 1 yr cert. in ministry and human services. Credits can be transferred to Boricua College, privately funded
AUBURN: Cornell Univ.- college credits and transcripts. privately funded
BAYVIEW: Bard College - Associate's and Bachelor's degrees, privately funded
BEDFORD HILLS: Marymount Manhattan College, a consortium of 13 schools. Associate's and Bachelor's Degrees, privately funded
EASTERN : Bard College - AA & BA degrees, privately funded
FISHKILL: Rising Hope, Inc. - 1 yr cert. in ministry and human services, privately funded
GREEN HAVEN: Rising Hope, Inc. - 1 yr cert. in ministry and human services, privately funded
GREENE: Marist College, federally funded thru the Workplace and Community Transition Training for Incarcerated Youth Offenders Grant
MID ORANGE: Rising Hope, Inc. - 1 yr cert. in ministry and human services, privately funded
SING SING: Hudson Link - Mercy College and Nyack College - AA & BA degrees, privately funded New York Theological Seminary - Masters of Professional Studies Program, privately funded
TACONIC: Nyack College - Liberal Arts credits, funded thru College Mission
WASHINGTON: Marist College, federally funded thru the Workplace and Community Transition Training for Incarcerated Youth Offenders Grant
WYOMING: the Consortium of the Niagara Frontier - Niagara Univ., Canisius College & Daemen College - Associate's and Bachelor's Degrees, funded thru Legislative Member Items
WOODBOURNE: Bard College - AA & BA degrees, Rising Hope - 1 yr cert. in ministry and human services, privately. funded
5. TWO NEW DOCS INTAKE CENTERS OPENING - WILL SAVE MONEY FOR TAXPAYERS IN WESTERN AND CENTRAL NEW YORK BECAUSE IT WILL LOWER THE COST FOR COUNTIES TO TRANSPORT PEOPLE TO STATE PRISON
DOCS plans to open one intake center at Albion Correctional Facility, a women’s prison in Orleans County, and another at Auburn Correctional Facility, a men’s prison in Cayuga County, on July 1.
When county jail inmates are sentenced to serve a prison term in a New York State correctional facility, the county Sheriff is required to transport them to one of a few designated prisons for processing by state correctional officials. Last year, county Sheriffs and the New York City Department of Corrections transported to such designated State prisons 27,702 offenders who either were convicted of a new crime or violated the conditions of their parole.
Sheriffs across the State currently transport female county jail inmates to Bedford Hills Correctional Facility in Westchester County, the only DOCS “reception/classification” center for women. Albion is much closer to counties in Western and Central New York. The New York State Sheriffs Association anticipates considerable savings to those counties through reduced transportation and manpower costs, while DOCS anticipates only nominal additional costs.
DOCS Commissioner Brian Fischer decided to open Albion and Auburn as intake centers after a recent Sheriffs’ Association-sponsored training conference at which a number of Sheriffs told him they must make lengthy trips to deliver inmates into State custody.
DOCS is providing some new beds at Albion and Auburn for intake purposes, but the Department already runs regular buses between correctional facilities to transfer inmates and will simply place intake inmates on buses already headed to reception/classification center correctional facilities the next day.
For example, Sheriff’s Offices will drop female inmates at Albion the day before a weekly DOCS bus runs between Albion and Bedford Hills. DOCS also runs regular buses between Auburn and Elmira, which is one of three main male reception/classification centers along with Downstate Correctional Facility in Dutchess County and Ulster Correctional Facility in Ulster County.
Reception/classification centers provide an array of medical and mental health screening and assessment services to help DOCS officials determine the most appropriate State correctional facility to place each inmate. The reception/classification centers also provide each new inmate with an orientation program on prison rules and regulations. 6-22-08
6. RESEARCH PROJECT ON ION SCANNING OF PRISON VISITORS WOULD LIKE TO HEAR ABOUT YOUR EXPERIENCES.
Alison Coleman reports that Prison Families of NY will be doing research and related work on the ION scanner, which has been an instrument of fear and worry for many NYS DOCS visitors. Please contact intern Melissa Borgos (mborgos1113@earthlink.net) if you know of anyone who would like to talk about their experience or if your agency would like to pass on any research or collaborate with us or if you have had contact with NYS DOCS on this matter and would like to share what you have learned.
7. THE LEGISLATION BELOW WAS INTRODUCED THIS SESSION BUT MOST PASSED IN ONLY ONE HOUSE. THOSE BILLS HAVE TO BE RESUBMITTED TO THE ORIGINATING HOUSE IN JAN 2009 WHEN A NEW 2-YEAR TERM BEGINS
DEATH PENALTY LEGISLATION S - 4632 same as A8157
6/18 Senate passes, Delivered to Assembly, Referred to Codes
The State Senate passed legislation, sponsored by Senator Dale Volker (R-C-I, Depew) and Anthony S. Seminerio (D-Queens) that would amend the state’s death penalty law to bring back the death penalty and change a provision that was ruled invalid by the state Court of Appeals. In 2004, the Court of Appeals overturned death penalty sentences, saying that judges were improperly required to instruct jurors in capital cases that if they deadlocked and failed to reach a verdict during the penalty phase of a trial, the judge would impose a sentence that would leave the defendant eligible for parole after 20 to 25 years.
Bill S4632/A8157 would restore the death penalty as an option and in addition to life in prison without parole, juries would be given a third option of imposing a sentence of life in prison with the possibility of parole, when sentencing convicted murderers. If a jury is deadlocked, a sentence of life without parole would be imposed, and juries would be told of that provision before sentencing.
All pending death penalty cases, as well as crimes committed prior to the effective date of any change in the law, would be affected by the changes included in this bill.
REQUIRES 24-MONTH NOTICE OF PLANNED PRISON CLOSURE - S7467 same as A10361
6/18 Senate passes, Delivered to Assembly, Referred to Correction
This legislation, sponsored by Senator Betty Little (R-C-I, Queensbury), and Assemblymember Tim Gordon (I-Bethlehem) increases the amount of notice the Commissioner of DOCS must provide - to local governments, labor organizations and certain managerial employees - from 12 months currently required to at least 24 months prior to a correctional facility closing, and to report on an adaptive reuse plan for the facility at the time of such notice (currently 6 months are required).
ALLOWS COLLECTION OF DNA UPON ARREST - S6726A same as A10361
6/10 Senate passes, Delivered to Assembly, Referred to Codes
Sponsored by Senator John A. DeFrancisco (R-I-C-WF, Syracuse) it would allow for the collection of DNA samples upon an individual's arrest, whereas formerly it could only be obtained at conviction. This bill would ensure that law enforcement officials can collect DNA samples from “designated offenders” upon their arrest and expand the definition of "designated offender" to include anyone who is arrested of an offense where fingerprints are required to be taken, adjudicated as a youthful offender or compelled to register as a sex offender. This legislation sets procedures for collecting DNA samples and penalties for those who fail to provide a DNA sample. It would also require the sample to be forwarded to a forensic DNA laboratory for testing and analysis and require such a sample to be included in the State DNA identification index.
This comprehensive bill would also establish the Commission for Exoneration Review, which would review recent cases where convicted defendants were subsequently exonerated by DNA evidence.
ALLOWS CRIME VICTIMS TO KNOW WHEN PERPETRATORS ARE UP FOR PAROLE - S268-A Same as A1821
5/28 Senate passes, Delivered to Assembly, Referred to Governmental Operations
This bill would allow crime victims, upon request, to be notified of a parole hearing involving the perpetrator of the crime. The bill, sponsored by Senator Jim Alesi (R-C, Perinton), would provide victims, and in some cases family members, notice of the hearing to be sent by first class mail at least 60 days prior to the hearing.
TO KEEP REPEAT VIOLENT FELONS BEHIND BARS - S435A Same as A 4479-A
4/3 Senate passes bill, Delivered to Assembly, Referred to Codes
Sponsored by Senator (and the new Senate Majority Leader) Dean Skelos (R, Rockville Centre), it would require judges to sentence persistent violent felons to life in prison without the possibility of parole. This legislation will require that a defendant who has been separately convicted and sentenced to three or more violent felonies, and who is determined by a court to be a persistent violent felony offender, be sentenced to life imprisonment without parole.
POST RELEASE SUPERVISION - A11764 - Same as S 8714 [Too long to print; here’s the Existing law summary and the Sponsor’s Memo; send SASE for the text of bill]
06/24 Senate passes, Delivered to Assembly, Assembly passes, Returned to Senate
06/25 Delivered to Governor, who has 10 days (not counting Sundays) to sign. If he fails to sign by then it automatically passes into law.
Existing Law: Criminal Procedure Law §380.20 provides that the court must pronounce sentence in every case where a conviction is entered. Penal Law §70/45(1) provides that each determinate sentence "also includes, as a part thereof, an additional period of post-release supervision."
Sponsor’s Statement in Support [Sponsored by Nozzolio and Aubrey]:
In 1998, the New York State Legislature enacted Jenna's Law, which was named for Jenna Grieshaber, a twenty-two-year-old nursing student who was murdered by a violent felon released from prison after serving only two-thirds of his sentence. Jenna's Law amended the Penal Law to end "indeterminate sentences" - i.e., sentences running between certain minimum and maximum periods set by the court at the time of sentencing - for criminal defendants convicted of violent felonies. Instead, Jenna's Law required "determinate" sentences, and also created a schedule of mandatory terms of PRS to be included as a part of the determinate sentences of violent felony offenders. In many cases, judges informed defendants, at the time of sentencing, that they would be subject to a period of PRS following completion of their determinate sentence; in other cases, they did not, and DOCS simply included the PRS pursuant to the terms of the Penal Law. Over time, offenders challenged DOCS's calculation of PRS as part of their determinate sentence, and courts throughout the State were split on this legal issue -with some finding that PRS automatically was a part of the sentence by operation of law, and others finding PRS had to be expressly imposed by the sentencing court. On April 29, 2008, the New York State Court of Appeals issued two decisions (Matter of Gamer v. DOCS and People v. Sparber) that finally resolved some of the legal issues associated with the imposition of PRS. Most notably, the Court ruled that only the sentencing judge has the authority to impose the PRS component of an offender's determinate sentence, and that the period of PRS must be stated by the judge at the time of sentencing in the offender's presence. The Court in Garner also ruled, however, that its holding was "without prejudice to any ability that either the People or DOCS may have to seek the appropriate resentencing of a defendant in the proper forum." Since then, DOCS and Parole have undertaken major initiatives to bring the relevant cases to the attention of the sentencing courts, so that those courts can make decisions about re-sentencings. The initiatives have already had some success in arriving at resolution of individual cases, but it has become clear that it would be hard to reach resolutions of all the relevant cases through such initiatives alone. This bill provides a statutory framework that facilitates and mandates a comprehensive review. This will allow DOCS and Parole to obtain definitive judicial guidance as to which defendants are to remain subject to PRS and which are not. Such guidance is crucially important. There would be unacceptable consequences for public safety if these agencies ended custody or supervision when there is legal basis for it, and unacceptable consequences for individual liberty it they continued custody or supervision when there is not such legal basis. The problem is immensely magnified by factors, such as the absence of sentencing minutes, that may make it impossible in many cases for the agencies to know whether PRS was properly imposed at the time of sentence. Such matters are appropriate for judicial resolution.
The bill also addresses an issue arising from the Court of Appeals decision in People v. Catu. When a defendant who pleads guilty has not been informed that the sentence would include a term of PRS, the defendant may later seek for the plea to be vacated. This bill allows the District Attorney to consent to re-sentencing to the previously imposed determinate term without any term of PRS. By allowing defendants in this situation the benefit of their plea bargains, there should be no need for the pleas to be vacated.
While the bill provides effective relief as to unlawful sentences imposed in the past, it also makes related improvements going forward. Current statutory language seems to reflect an intent that PRS arise automatically as a part of every determinate sentence. The bill replaces that approach with a requirement that sentencing courts explicitly state terms of PRS when imposing determinate sentences. This is a more open and transparent way of ensuring that defendants are sufficiently informed about their sentences. Other benefits include an enhanced ability for DOCS to facilitate correction of other kinds of unlawful sentences.
GIVES OMH AUTHORITY TO REVIEW VIOLENT INCIDENTS INVOLVING PERSONS WITH SERIOUS MENTAL ILLNESS
6/20 Agreement reached between Governor David A. Paterson and state legislative leaders.
Provides the Commissioner of the Office of Mental Health (OMH) with the authority to convene multi-agency mental health incident review panels to conduct timely, detailed and retrospective investigations of incidents involving individuals with serious mental illnesses who are harmed, who cause harm to others, who suffer serious and preventable complications, or become involved in violent incidents. These incident review panels, which will include representatives from state agencies, local governments, mental health providers, emergency services and law enforcement involved in a particular incident, will lead to both improved mental health care through reduced care errors and enhanced protection for the public. This bill is sponsored by Senator Thomas Morahan and Assemblyman Peter Rivera.
STATUS OF BILLS GETS POSTED ON THE LEGISLATIVE WEBSITE
You can follow the status of all bills at: http://public.leginfo.state.ny.us/menuf.cg. We will post any that get signed into law, so keep checking.
8. LIFERS AND LONGTERMERS CLEARINGHOUSE: TRANSITIONAL HOUSING IN THE NYC AREA AND UPSTATE NY. FATHER PETER YOUNG HAS PROGRAMS IN NYC, ONONDAGA COUNTY, SCHENECTADY AND ALBANY. DONNA DECICCO'S PROGRAM, RESTORED HOPE SERVICES, IS ON LONG ISLAND AND THE METROPOLITAN NYC AREA. FORMER OTISVILLE LIFER, JOHN (MOJO) FLYNN IS NOW WORKING WITH RESTORED HOPE SERVICES.
Peter Young's Housing, Industry, and Treatment (PYHIT)
These programs provide short-term residential, structured settings and services to parolees who require intensive substance abuse treatment. They also serve those who are at risk of supervision failure due to the onset of homelessness. The average stay is less than 90 days.
PYHIT's parole program provides a total of 75 beds: 10 in New York City, 20 in Onondaga County, 30 in Schenectady, and 15 in Albany County. Residents receive counseling, life skills training, pre-employment services, education referrals, medical treatment, and random drug testing to ensure abstinence. PYHIT has achieved a less-than-10% recidivism rate in its other reintegration programs, and is striving to achieve that success in its new Parole Stabilization Residences.
Albany County clients are typically housed at our 45 South Ferry Street Community Residence in Albany under a contract with Albany County DSS. Clients from other counties are housed at the Schuyler Inn Transitional Living Center in Menands.
In Syracuse, transitional living is provided to clients at LeMoyne Manor who are attending outpatient treatment elsewhere and vocational training on-site through the Altamont Program. Funding is provided by Onondaga County.
Peter Young's program is happy to accept referrals, provided that you have permission from your local parole office. If you are interested in our NYC programs, you must obtain the approval of an institutional parole officer, who would submit the request to the appropriate local parole office. Applicants without prior approval cannot be accepted.
The Transitional Living Center provides a continuum of treatment services for individuals who have shown a desire to recover from a life of addiction. Applicants must agree to abide by their prescribed treatment plan. Only inmates who have successfully completed the ASAT or CASAT Programs within the Department of Corrections (DOCS) are eligible to apply for admission to the Transitional Living Center.
Inmates with a criminal history that includes arson, sex offenses, manslaughter 1st degree or other acts of violence are not eligible.
In Albany, the parole site at 45 South Ferry Street also has several beds for transitional housing, funded by Albany County. At the Schuyler Inn, emergency housing is available through Traveler's Aid from both Albany and Rensselaer counties.
For more information about the parole residence nearest you:
45 Ferry Street, Albany, NY 12202, Fred Scott, (518) 432-0759
418 Fabius Street, Liverpool, NY 13088, Gwen Stokes, (315) 478-9454
629 Old Liverpool Rd, Liverpool, NY 13088, David Luibrand, (315) 451-3859
428 Duane Avenue, Schenectady, NY 12304, Clarence Carter, (518) 377-2448
Restored Hope Services Inc.
Intake: Donna DeCicco and John (Mojo) Flynn
162 Hudson Avenue, Roosevelt N.Y. 11575
(516) 417-3901
Restored Hope Services Inc. offers housing for men and women with substance abuse histories. We provide safe, structured living environments which give our clients treatment with dignity.
The facilities are fully staffed twenty four hours a day, seven days a week and have security and camera systems through out the buildings. Some locations provide three balanced meals a day, laundry facilities and a common area for dining purposes and leisure time. The buildings in Brooklyn and the Bronx and private houses on Long Island are all located in areas which provide easy access to public transportation.
Each client is evaluated and then placed in a licensed by OASAS out-patient treatment facility which will address their individual needs. All of our staff members are qualified health professionals. Supplemental services are available to guide them through school or to employment.
We accept clients whether they are on social services, disability or self pay and we will help them to obtain whatever source of payment they may qualify for. Our services are available to any person regardless of their current situation: HIV, HEP-C, PAROLE, PROBATION and METHADONE MAINTENANCE. We are not able to accept individuals with a sexual abuse crime or an arson history.
For more information, or to refer yourself or someone else please contact Donna DeCicco or John (Mojo) Flynn at (516) 417-3901 or 162 Hudson Ave., Roosevelt N.Y. 11575. Please indicate that you read about our services through Prison Action Network. The following information will be required when you are making a referral: medical history, including any psychiatric medications you are on; and/or criminal history and projected release date. You will need to provide a current PPD or Chest X-ray.
As people working in this field of substance abuse and criminal justice we have come to realize that housing our clients in affordable yet safe structured environments has been an on-going problem for an extremely long time. Our goal is to give you, our client, a place to obtain just that. You can feel comfortable knowing that we will provide a chance to begin a new life on the road to recovery. We look forward to hearing from you in the future. For further assistance please feel free to contact us at any time. - Donna and John
9. SMALL AMOUNTS OF MARIJUANA IN PRISON DO NOT REPRESENT DANGEROUS CONTRABAND AND THEREFORE CANNOT BE PROSECUTED AS FELONIES.
The NYS Court of Appeals ruled that small amounts of marijuana in prison do not represent dangerous contraband. Two incarcerated people, in separate incidents at different facilities, had been convicted of felonies in cases involving less than 10 grams of the drug. One had been given 2-4 years and the other 3-5 years. The state's top court ordered the two convictions be reduced to misdemeanors with shorter sentences. The ruling claimed that the test for "dangerous contraband" is whether its use is apt to cause death, injury, escape or other major threats to the safety or security of the facility.
10. CERTAIN PEOPLE ARE NOT ELIGIBLE FOR MEDICAL PAROLE, NO MATTER HOW DEBILITATED THEY ARE. WHY ARE WE NOT OUTRAGED BY THIS INHUMANE RESTRICTION?
Medical Parole Supervision, Executive Law, Section 259-R states that an inmate serving an indeterminate or determinate sentence may be eligible for medical parole if:
- the inmate has a terminal health condition; and
- the inmate is so debilitated or incapacitated as to be severely restricted in his or her ability to self-ambulate and to care for him or herself; and
- the inmate is not serving a sentence for murder in the first or second degree, manslaughter in the first degree, any sex offense as defined in article 130 of the Penal Law, or any attempt to commit any of these offenses. [emphasis added]
Vengeance is the only possible explanation for this restriction. It isn’t economically or morally defensible. It’s been estimated that NYS could save 5 million dollars if medically qualified people were let out on medical parole supervision. We’re talking about people on the threshold of death!
11. IMPROPER OATH REVERSES MURDER CONVICTION
Posted on Sunday, 22 of June , 2008 at 11:01 am, By June Maxam. To read the entire article, which tells how judges are disqualified if they were not sworn in properly, please visit: http://www.northcountrygazette.org/2008/06/22/improper_oath/
—So you think taking an oath is just a technicality?
The conviction of a person serving a life prison term without the possibility of parole was reversed last week by a state appellate court because potential jurors weren’t given the proper oath in Rensselaer County Court.
In sending the case back for a new trial, the state Supreme Court, Appellate Division, Third Department reinforced that “Oaths are not formalities, are sacred, and no citizen need expose himself [or herself] to loss of liberty and property by people who are not sworn”.
12. PAROLE - IMPORTANT UPDATE ON THE GRAZIANO CASE; NOMINATION OF 2 NEW MEMBERS TO PAROLE BOARD; PAROLE STATISTICS
GRAZIANO VS PATAKI
June 13: The Court adjourned the conference. NO definite date has been set for the next conference. In the meantime, the lawyers are finishing up discovery and the case will be decided either on motion or trial.
TWO PEOPLE NOMINATED TO PAROLE BOARD
Joseph B. Crangle. Since 2000, Mr. Crangle has been an Assistant Court Analyst with the New York State Office of Court Administration. In this role, Mr. Crangle is assigned to the Domestic Violence Part of the Buffalo City Court where he monitors defendants compliance with court orders. From 1998 to 2000, Mr. Crangle was a Probation Officer with the Genesee County Probation Department, where he oversaw the Pretrial Release Under Supervision program. Mr. Crangle received his BA from Canisius College and his JD from the City University of New York.
Mary Ross. She has been a Staff Attorney with the Legal Aid Society in Queens, New York since 1998. From 1990 to 1995, Ms. Ross was the Executive Director of Providence House, directing this nonprofit corporation that provides transitional and permanent housing for female ex-offenders, homeless women and their children. Ms. Ross was previously the Program Director of Providence House from 1984 to 1990. Ms. Ross was also the Campus Minister at Queens College from 1982 to 1984 and was the Director of Administrative Services at the Diocese of Brooklyn from 1978 to 1982. She received her BA in Education from St. Josephs College, her MS in Education from Brooklyn College and her JD from the City University of New York.
Salaries for Members of the Parole Board are set at $101,600. These appointments by Governor Paterson require Senate confirmation. Building Bridges has been unable to discover whether the confirmations took place, although several reliable sources have said so. The Senate is expected to return in July to take some last minute actions.
PAROLE STATISTICS: (unofficial; calculated by a reader using the Parole website - see article 17):
Year to date (Jan.- May 2008) Summary of Parole Releases of A1 Violent Offenders:
567 interviews of which 492 were reappearances and 75 were intitial appearances
of the reappearances, 65 were released, 427 were denied
of the 75 initial interviews, 4 were released, 71 were denied
Year-to-date rates of releases for A1VOs are:
13% on the Reappearances
5% on the Initials
12% on Total Interviews
May 2008 Parole Releases of A1 Violent Offenders:
165 interviews of which 145 were reappearances and 20 were initial appearances
of the 145 reappearances, 13 were released, 108 were denied, 24 were postponed
of the 20 initial interviews, 1 was released, 15 were denied, 4 were postponed
The 13 reappearances, by prison, who were released are:
Cape Vincent - Murder 2 with 15-life on his 2nd board
Fishkill - M2 with 20-life on his 5th board
Five Points for M2 with 15-life on his 3rd board
Gouverneur - M2 with 15-life on his 5th board
Great Meadow - M2 with 25-life on his 6th board
Groveland - M2 with 26-life on his 2nd board
Mt McGregor for M2 with 20-life on his 4th board
Otisville - M2 with 20-life on his 3rd board
Otisville - M2 with 15-life on his 7th board
Sullivan.- M2 with 15-life on his 9th board
Washington - M2 with 20-life on his 3rd board
Washington - M2 with 15-life on his 2nd board
Woodbourne - M2 with 15-life on his 7th board
May-June 2008 Parole Releases based on Prisoners’ Reports:
ARTHUR KILL - Lemons, Gallivan, Loomis
May-June - 27% release rate for all categories of crime
98 saw the board; 27 were granted parole (1 was deported)
39 were initial interviews; 10 received dates, 22 were denied parole, 7 were postponed
47 were reappearances; 12 received dates, 26 were denied parole, 9 were postponed
11 merit time interviews; 4 received parole, 7 were postponed
FRANKLIN -
May
107 saw the board; 46 were granted parole (1 was deported)
40 were initial interviews; 12 received date, 28 were denied parole
25 were reappearances; 1 received date, 18 were denied parole, 6 were postponed
8 merit time interviews; 6 received parole, 2 were denied
14 CR Consideration; 8 granted, 6 denied
18 parole violators; 18 granted
1 presumptive; 1 denied
1 deported
MID-ORANGE
May
37 saw the board; 3 granted (no A-1), 32 denied, 2 postponed
WOODBOURNE - Casey, Lemons, Artloff
May 33 appearances (13 were A1VO); 5 granted (1 A1VO- on 7th board),
June: 33 appearances: 2 granted (1 non-violent and 1 A1VO - on 3rd board); 3 A1VO were adjourned; 7 A1VO denied (3 on 1st board, 3 on 2nd, and 1 on 5th)
WYOMING
May - Grant, Gallivan, Hagler
56 hearings; 12 granted parole
22 initials; 1 granted, 21 denied
17 Reappearances; 3 granted, 14 denied
17 merit time reviews; 8 granted, 9 denied
13. GOV PATERSON, IN EXECUTIVE ORDER #9, REPEALS, CANCELS AND REVOKES ALL EXECUTIVE ORDERS ISSUED BY PREVIOUS GOVERNORS.:
“...all Executive Orders issued by previous Governors are hereby repealed, canceled and revoked in their entirety, with the exception of the Executive Orders set forth below and any amendments thereto, which shall remain in full force and effect until otherwise revoked, superseded or modified; and IT IS FURTHER ORDERED that a review of prior Executive Orders shall continue to determine whether additional orders should be revoked, superseded or modified.” A list of those retained follows. It includes Spitzer’s Executive Order No. 9, (Ordering the Commissioner of the Department of Correctional Services to Bar Certain Offenders from Participating in Temporary Release Programs) and Executive Order No. 10, (Establishing the New York State Commission on Sentencing Reform)..
14. PRISON RADIO SCHEDULES. BE THE CHANGE, FANCY BROCCOLI: JULY GUESTS
"Be The Change" Airs every Wednesday from 5-6pm, with different themes and call-in guests.
“Fancy Broccoli” airs on WVKR, 91.3FM, Poughkeepsie NY on Sundays from 3 - 6 pm, Eastern Time, and streams online - go to www.WVKR.org and click on (or near) the word 'LISTEN'.
Coming up on July 13, Pauly, a man who spent 25 years in prison. Save the date of August 10 for George Alexander, who will be there to answer questions.
Visit archives www.fancybroccoli.org to find lots of other good interviews. Write Fancy Broccoli Show, WVKR, Box 726, Vassar College, Poughkeepsie, NY 12604-0726
15. COMMISSION ON SENTENCING REFORM IS SCHEDULED TO RELEASE THEIR FINAL REPORT AT THE END OF THIS YEAR, ACCORDING TO A DIVISION OF CRIMINAL JUSTICE LETTER TO AL CHESSMAN
An unsigned letter to Al Chessman from the Division of Criminal Justice Services, dated May 29, states that in order to provide the Commission on Sentencing Reform adequate time to thoroughly research and prepare a report of comparable depth and quality to its Preliminary Report, the deadline has been extended from the original date of Mar.1 '08. Instead they intend to issue their report in Dec. 2008. It will address sentencing issues discussed in the the Preliminary Report, taking into account the testimony provided earlier this year at hearings conducted in Albany, Buffalo and NYC. The report will be made available to the public and for review in each correctional facility's law library.
16. TRANSPORTATION TO PRISONS:
From the Capital District:
NEST Prison Shuttle schedule: Mt. McGregor, Washington, and Great Meadow CFs on Sat, Jul 5 ($35 adults, $25 children), Coxsackie, Greene, and Hudson on Sat, Jul 12 ($20 adults, $15 children) from Oakwood Ave Presbyt. Church parking lot, Troy at 7 AM, then to Albany Greyhound bus station at 7:15. Trip to Utica (Midstate, Marcy, Mohawk, Oneida) on Sat, Jul 19 leaving Troy at 5 AM. Sullivan trip (Ulster, Eastern, Woodbourne, Sullivan) on Sat, Jul 26 leaving at 6:30 AM ($45 adults, $30 children). Reservations: Linda O'Malley 518- 273-5199.
Please call PAN at 518 253 7533 to discuss other options.
17. ADDITION TO THE DOCS WEBSITE OF VALUABLE INFO & LINKS ON RULES AND REGS.
www.docs.state.ny.us
DOCS has added information to its website: On the left, under News, there is now a link to "rules and regulations". Some rules listed for 2008 are: Bedford Hills Correctional Facility (Section 100.80 of 7 NYCRR); Unauthorized Organizational Activities, Gang Activities & Media Review; Maximum Value of Stamps in an Inmate's Personal Possession (Sections 270.2(B)(14)(vi) and 720.8(a)(2) of 7 NYCRR); Central Monitoring Case Designation Status (Part 1000 of 7 NYCRR); Urinalysis Testing (Part 1020 of 7 NYCRR); Access to Records (Section 6.2(c) of 7 NYCRR).. More and also a list of 2007’s are there as well..
The site adds that the complete listing of New York Codes, Rules, and Regulations (NYCRR) is available online through the NYS Department of State website. People in prison don't have access to the internet, but it is likely that this information is available at the facilities, and if not, advocates, friends and families who have access can print out specific information and send it to them.
The reader who contributed this added, "At the bottom of two changes that I looked at was a message that a more complete CPLR was available to a Westlaw link. I went there and though it's not complete it has rules and regs I have never been able to find before and I went to Westlaw many times while working on an article 78 for my partner. For the first time ever I was able to read the rules and regs for disciplinary hearings (superintendent hearings) and also for CMC status. Those were not available to the public before. And really interestingly it had at the bottom of each subsection NYS case law related to that subsection. Amazing! I copied so much stuff for my lawyer for our new brief.."
18. WHAT’S HAPPENING AROUND NEW YORK STATE:
BUFFALO: Prisoners Are People Too! is a justice advocacy program that meets monthly on selected Mondays in Buffalo at the Pratt-Willert Community Center, 422 Pratt Street from 6:30-8:30pm. Each meeting features a documentary film, related to some criminal justice or prison issue, and one or more guest speakers who address that issue.
At its next meeting on Monday, July 28, 2008, Prisoners Are People Too! will screen the documentary, ”Today’s Prisoners, Tomorrow’s Neighbors” (2005), produced by the Madison-area Urban Ministry of Madison, Wisconsin. M.U.M. is a non-profit, interfaith, social justice organization which describes itself as “neighbors working together, standing with the poor and hurting.” Its social justice initiatives are many, including prisoner reentry work and mentoring children who have one or more incarcerated parent.
Our guest speakers will include representatives from three organizations that assist “the poor and hurting,” including formerly incarcerated people: WNY Independent Living Project, Inc., New Life Residential Center, Inc. and Catholic Charities of Buffalo.
The next meeting of Prisoners Are People Too! is scheduled for August 25. Film and guest speaker(s) TBA.
PRP2! programs are sponsored by
The Circle of Supporters for Reformed Offenders and Friends of Baba Eng.
For further information, contact Karima Amin at karima@prisonersarepeopletoo.org
or 716-834-8438.
Prison Action Network thanks the Community Church of NY, Unitarian Universalist, for helping with our expenses
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