MARCH 2009

Please scroll down to get to this month's edition of Building Bridges.




The following are announcements that arrived after publication:

POSTED 3/24: NYCLU: Jennifer Carnig, 212.607.3363 / jcarnig@nyclu.org
Correctional Association: Caitlin Dunklee: 646-269-7344, Bob Gangi: 917-327-7648
Drug Policy Alliance: Tony Newman: 646-335-5384

Tomorrow: Russell Simmons, Hundreds of New Yorkers to Rally at Gov’s Office to End Rockefeller Drug Laws

On Wednesday, hundreds of people -- including Russell Simmons and Meile Rockefeller and the families of those in prison for drug offenses, people who were formerly incarcerated, doctors, lawyers and advocates -- will rally at Governor Paterson’s Manhattan office to urge him and legislative leaders to end the Rockefeller Drug Laws.

The Rockefeller Drug Laws mandate extremely harsh sentences for sale or possession of small amounts of drugs. Most of the thousands of people incarcerated under Rockefeller are low-level drug offenders, and most come from just a handful of low-income New York City neighborhoods. Ninety percent are black or Latino even though most people who use and sell drugs are white.

In 2002, Paterson, then a state senator, was arrested in an act of civil disobedience promoting a proposed overhaul of the Rockefeller Drug Laws outside of the New York City offices of then-Governor George Pataki. Now hundreds of people will gather outside his office to demand an end to the outdated, discriminatory laws.


What:
Rally to end New York’s Rockefeller Drug Laws

When:
Wednesday, March 25, 1 p.m.

Where:
Governor Paterson’s office, 633 3rd Ave., between 40th and 41st

Who:
Russell Simmons
Meile Rockefeller, Nelson Rockefeller’s granddaughter
Drop the Rock
New York Civil Liberties Union
Correctional Association of New York
Drug Policy Alliance
The Fortune Society
Exponents
Mothers of the Disappeared
Center for Community Alternatives
Alcoholism and Substance Abuse Providers (ASAP)
The Bronx Defenders
Women’s Prison Association
Families Rally for Emancipation and Empowerment (FREE)
JusticeWorks Community



POSTED 3/24: Sent by Serena Alfieri, Women in Prison Project Associate Director of Policy

Below is some information on our DV Merit Time Bill, S.3438/A.4516A, which would allow incarcerated survivors of domestic violence to become eligible to apply for merit time and earn up to 1/3 off their often very long sentences. This bill is at a critical juncture. Within the next couple days the Senate and Assembly will work together to submit a budget to Governor Paterson. The DV Merit Time Bill has a good chance of being included in this budget and in the budget negotiations the legislature has with the Governor.

We need you to help reach out to members of the Public Protection Budget Committees in the Senate and the Assembly (listed below) to ask them to include the DV Merit Time bill in the budget and support it during the negotiations:

Senator Hassell-Thompson, Chair, Crime, Crime Victims & Corr. Cmte.
518-455-2061
Senator Eric Schneiderman, Chair, Codes Committee
518-455-2041
Senator John Sampson, Chair, Judiciary Committee
518-455-2788
Senator Eric Adams, Chair, Veterans Affairs
518-455-2431
Assemblymember Jeffrion Aubry, Chair, Corrections Committee
518-455-4561
Assemblymember Joseph Lentol Chair, Codes Committee
518-455-4477
Assemblymember RoAnn Destito, Chair, Gov. Operations Cmte.
518-455-5454
Assemblymember Helene Weinstein, Chair, Judiciary
518-455-5462
Governor Paterson
518-474-8390

Here is a sample call dialogue:

"Hello, my name is _____. May I speak to Senator/Assemblymember _____ or his/her Counsel please? (If no one is there, leave a message using the language below).

I am calling to ask you to include the DV Merit Time Bill in this year's budget. This bill allows incarcerated domestic violence survivors to earn Merit Time and be eligible for early release.

Moving this bill forward with the budget is critical: it would help New York begin to address years of injustice for incarcerated survivors and it would save the state nearly $3 million during the first year and over $6 million annually. Thank you for your consideration."

Click here to view the Coalition's DV Merit Time Bill Support Memo. If the elected official wants more information or has any questions you cannot answer, you can tell them to contact Serena Alfieri directly at 212-254-5700 x311.

Please take a moment to call!

__________________

Below is an excerpt from a woman serving time at Bedford Hills Correctional Facility:

"I am 42 years old and the mother of two children. In 1997, I was convicted of murder in the 2nd degree. At my trial, none of the information about my abuse was presented to the judge or jury. I was convicted and was sentenced to 25 years in prison. I am not a violent person but my actions contributed to a violent crime. I am reaching out to lawmakers and elected officials on behalf of all the domestic violence survivors. As a survivor I am asking [legislators] to please consider the merit time proposal when it is presented. The merit time will contribute to an early release and give women the opportunity to resume their roles as productive mothers, sisters, aunts and citizens in society."

Serena Alfieri
Women in Prison Project Associate Director of Policy
The Correctional Association of New York
2090 Adam Clayton Powell Blvd. Suite 200
New York, NY 10027
Tel. 212-254-5700 x. 311
Fax. 212-473-2807
salfieri@correctionalassociation.org
www.correctionalassociation.org




POSTED 3/24: RALLY TO END THE ROCKEFELLER DRUG LAWS

Wednesday, March 25 at 1:00pm
Governor Paterson's NYC Office
633 3rd Ave. (between 40th and 41st sts.)


In 2002, Senator David Paterson was arrested in an act of civil disobedience promoting the sweeping overhaul of the Rockefeller Drug Laws outside of the New York City offices of then-Governor George Pataki.

On Wednesday, March 25, hundreds of family members, formerly incarcerated persons, doctors, lawyers, and advocates will return to that site to urge him and legislative leaders to end the Rockefeller Drug Laws this year.

The Rockefeller Drug Laws are mandatory minimum sentencing laws that require judges to lock up for years people caught with small amounts of drugs. Most of the thousands of people in prison are from just a handful of low-income NYC neighborhoods and more than 90 percent are black or Latino. Join us as we say no to this discrimination, no to destruction of families, and yes to justice, treatment and a new approach

Please join us as we say NO to over 35 years of injustice. Please spread the word in your communities and help turn out as many people as possible.

For more information contact Caitlin Dunklee at cdunklee@correctionalassociation.org or (212) 254-5700 ext. 339 or Ari Rosmarin at arosmarin@nyclu.org or (212) 607-3358.




POSTED 3/20: MERIT TIME BILL SURVEY:

Prison Action Network is conducting a survey, the results of which we will take to the sponsors of the Merit Time Bills currently in the NY State Senate Committee on Crime Victims, Crime and Corrections. We need your opinion. Please help us help you. Click Here to take survey




BUILDING BRIDGES, MARCH 2009

Dear Reader,

Many of you are aware of Mary Beth Pfeiffer's book, Crazy in America, The Hidden Tragedy of Our Criminalized Mentally Ill, which is a moving expose of the cruel and harmful treatment many people with mental illness suffer at the hands of the criminal justice system.

I'm reading another great book on mental illness, The Center Cannot Hold, by Elyn Saks, a woman from an affluent family who has battled severe psychosis for most of her life yet has managed to become a leading educator in the field of psychology. In the book she describes her treatment throughout the years. While her options were boundless - she could afford to self pay if necessary - she nevertheless runs into her share of insensitive and callous professionals, one of whom, not knowing her mental history, actually told her that the mentally ill do not experience 4 point restraints and isolation the same way "we" would. She knew differently. I'm telling you this because it has helped me understand the deep pain and fear our families with incarcerated mentally ill loved ones face every day. If a free affluent highly educated and highly motivated woman was not able to escape insensitive and dangerous treatment, what hope is there for someone in prison, who has no input into the decisions being made about his or her care?

It is that precise issue which has inspired the Albany Chapter of the Coalition For Fair Criminal Justice Policies to present the second in their series of Prison Health Care seminars on the issue of Mental Health Care. We have invited our speakers, who are in one way or another responsible for that care, to tell us what they are doing to ensure our loved ones are safe, so that we can determine whether they are our allies or our adversaries in the endeavor to obtain optimal care for our mentally ill loved ones. If you are interested in joining us, please see the details in the first article of this issue.

Be well, have hope, and please, get involved!

IN THIS ISSUE:

1. Activities to educate, motivate and mobilize
2. Coalition For Fair Criminal Justice Policies Update
3. ICARE Reports
4. Legislative updates
5. Lifers and Longtermers Clearinghouse Bulletin
6. Parole News
7. Reentry tips
8. Rockefeller Drug Laws
9. Transportation
10. Addendum: HOW A BILL BECOMES A LAW



1. ACTIVITIES TO EDUCATE, MOTIVATE AND MOBILIZE: PRISON MENTAL HEALTH CARE EVENT; ROCKEFELLER DRUG LAW LOBBY DAY; GIDEON DAY PROMOTES PUBLIC DEFENSE REFORM

ALBANY: 
SATURDAY, MARCH 7, 10am - 3pm Prison Health Care, focus on Mental Health, with speakers Nancy Ling, Director of DOCS Health Services, Operations and Management; Dr. Timothy Whalen, DOCS Regional Medical Director, NE Region; Richard Miraglia, Assoc. Commissioner of Forensic Services, NY Office of Mental Health; and Doris Ramirez-Romero, DOCS Director of Mental Health Services. After brief self introductions, the panel will take questions suggested by the audience. Following lunch (provided) there will be a time for all to share their personal experiences of prison health care. This event is free and open to the public, donations will be gratefully accepted. RSVP here or at 518 253 7533,

TUESDAY, MARCH 10, 9:30am - 4pm Drop the Rock Advocacy Day 2009
You can help repeal the Rockefeller Drug Laws.
The Rockefeller Drug Laws are RACIST, INEFFECTIVE, WASTEFUL, UNJUST
It is especially important for more upstate people to get involved with changing these laws, especially in Albany County where we elected David Soares as DA based on his call to reform them. So find out how you can get involved by calling Prison Action Network 518 253 7533 or Caitlin Dunklee at 212 254 5700, cdunklee@correctionalassociation.org.

WEDNESDAY, MARCH 18: Come to Gideon Day and demand JUSTICE NOW!
On the 46th anniversary of the landmark right-to-counsel Supreme Court decision in Gideon v. Wainwright, the Campaign for an Independent Public Defense Commission will host an annual lobby day in Albany. Supporters are needed to represent every region of the state -- from Long Island and Buffalo, from the North Country and the Southern Tier, and from the City. You can register online at www.newyorkjusticefund.org/gideon.htm. Free transportation is being provided from different parts of the state, as well as free lunch and free t-shirts.  This is an all day event full of advocacy and fun! For details please contact: Katie Blackburn, Upstate Community Organizer, kblackburn@newyorkjusticefund.org, (518) 465-0519 


BUFFALO:
MONDAY, MARCH 23, 6:30pm - 8:30pm Prisoners Are People Too will meet at the Pratt-Willert Community Center, 422 Pratt Street in Buffalo to deal with the issue of gainful employment for formerly incarcerated people.

It will focus on The Outsource Center (TOC) in Buffalo, NY, established in 2007, which provides training in the building and construction skilled trades. This ten-week intensive program provides hands-on classes which give students experience and practice in identifying and using basic tools, power tools and other equipment in chosen trade areas which include: blueprint reading, electrical, plumbing, HVAC, drywall, masonry, painting, wall framing, concrete, finish carpentry, and more. This pre-apprenticeship program, with its strict attendance policy and pre- and post-drug testing, provides exemplary training for men and women with an interest in the construction trades. Most importantly, individuals with a criminal history are not barred from this training which prepares them for jobs in the construction industry.

Guest speakers will include Mr. Spencer Gaskin (CEO of TOC), Mr. Dorian Gaskin (TOC Associate), and Rev. Frank Williams (Public Relations Director of TOC).

PRP2 programs are sponsored by The Circle of Supporters for Reformed Offenders and Friends of BaBa Eng. For further information, contact Karima Amin: 716-834-8438; karima@prisonersarepeopletoo.org.


NEW YORK CITY:

MONDAY, MARCH 2, 12:00 - 2:00pm Rights for Imprisoned People with Psychiatric Disabilities (RIPPD) Monthly Meeting

Urban Justice Center, 123 William Street 16th Floor, New York
by Train: J,M,Z,2,3 Trains to Fulton Street. A, C Trains to Broadway and Nassau

Where current issues and campaigns being waged by our organization individually and as part of the coalitions we are involved in are to be discussed, base building and networking. This meeting is for everyone who is concerned with the present situation those with a psychiatric diagnosis are facing with homelessness and incarceration, Mental Health Consumers, Family Members, Friends, as well as those concerned about this issue and want positive change. 646-260-6575 Lisa Ortega, www,rippd.org


SAT., MARCH. 28, 10:30am -1pm Coalition For Fair Criminal Justice Policies-NYC Chapter

We will meet at the Fortune Society’s Offices, 29-76 Northern Blvd.(Rte 25A) between 40th Ave and 41st Ave in Long Island City. It’s the door on left side of building. If you drive, make sure your parking space is legal. At past meetings people have been locked into parking lots or ticketed for parking illegally. We advise subway: Queens Plaza stop on the R, E, V trains; Queensboro Plaza stop on 7, N, W trains; 39th Avenue stop on N, W trains. (It's only 1 stop after the train leaves Manhattan). For more details see next article.



2. COALITION FOR FAIR CRIMINAL JUSTICE POLICIES: RESPONSIBILITIES OF MEN AND WOMEN IN PRISON, THEIR FAMILIES, AND STRATEGISTS; OUR GOALS; AND A QUESTION FOR YOU

The Coalition currently includes all individuals and organizations who are working to change Parole Board Release policies. In the future when we choose other goals the membership may change. Our members are people in prison,
their family members and other advocates, and policy strategists.

Each incarcerated person needs to send a representative to every one of our Saturday Meetings. The next meeting: March 28 from 10:30am - 1pm, LIC offices of the Fortune Society, 29-76 Northern Blvd [see last item above for more detailed directions].

Family members and other advocates attend Saturday Meetings to present ideas they’ve arrived at in discussions with their loved ones between meetings. They will share with them the material handed out at our meetings.

The Wednesday Meeting will gather together strategists who have already committed to the issue and have experience changing criminal justice policies or laws which are not fair or just. Relevant information generated by them will be distributed to all Coalition members. Individuals from the Wednesday Meeting will be invited to lead educational discussions at future Saturday meetings.

At our February Saturday Meeting several points were agreed upon by all:
a) this will be a long process - perhaps as long as three years. The harder we work and the more energy we put into the assignments between meetings the faster our progress will be.
b) the language used must be very precise. We must examine it from both sides. Would it give us what we want? Would the opposition be able to use its language against us? Does it contain loopholes? All language must contain shall or will in order to make it legally binding. Use positive language rather than negative. What the Board shall or will do, as opposed to what they can't or may not do.
c) we may have to leave nature of the crime in the law, but find a way to prevent the Board from using it as the Sole Reason for Denial.
* by creating a point system for all of the conditions considered. A certain number of points could be required for release.
* use of a risk assessment tool seems necessary. There are many out there. Let's collect them, so we can consider which is best, or combine them.

Assignments for the 3/28 Meeting: 1. Bring a summary of discussions with your loved ones. 2. Bring the names and addresses, phone #'s and website locations of your legislative representatives. [If you don't have them we'll have computers set up and we'll find them for you.] We'll form affinity groups based on shared representatives. 3. Make a list of Lifer's Groups or similar organizations at the facility you visit. 4. Several people will bring results of a web search for media outlet information for a Directory of Resources.

Contact us for more information.

What do YOU think?
As part of our efforts to change parole policies and procedures, some of our members believe strongly that we should call for the Division of Parole to make all parole decisions available on its website, including the names and crimes of the parole applicants and the names of the parole board commissioners who participated in each decision. Other members believe just as strongly that that’s a bad idea.

What do YOU think? And WHY? Please send your thoughts by March 23 to:
Doing Justice Coalition, c/o Fortune Society, 29-76 Northern Boulevard, Long Island City, N.Y. 11101 or prisonactionnetwork@gmail.com



3. ICARE REPORTS THEIR PROPOSED “RESTORATION OF RIGHTS” BILLS HAVE GAINED MULTIPLE SPONSORSHIP IN THE ASSEMBLY. THE BILLS ARE DESCRIBED IN MORE DETAIL IN ARTICLE 4 BELOW.

Three members of the ICARE policy committee, Demi McGuire, Judith Brink, and Rima Vesely-Flad, have been making the rounds in Albany to members of the Senate's Crime Victims, Crime and Corrections Committee to garner support for two "Restoration of Rights" bills.  These bills, conceived and vetted by the ICARE policy committee are sponsored by Assembly member Jeffrion Aubry and co-sponsored by a plethora of additional members of the Assembly.  The bills have received enthusiastic responses from Democrats in the Senate.  ICARE hopes to gain Senate sponsorship for "same as" bills during this legislative session. Please highlight these bill numbers when speaking to your state representatives: 

BILL A5330 “Conditional Offer of Employment Bill”
Sponsor:  Aubry;  Co-Sponsors:  Wright, Benjamin, Greene, Gottfried, Camara, Boyland, Lopez V, Millman, Jaffee, Kavanagh, O`Donnell   Multi-Sponsors:  Dinowitz, Glick, Heastie, Hevesi, John, Maisel, McEneny, Pretlow, Reilly, Schimel, Weisenberg

BILL A4923 “Certificate of Restoration Bill”
Sponsor:  Aubry ;  Co-Sponsors:  Lentol, Wright, Benjamin, Glick, Lopez V, Camara, Jaffee;  Multi-Sponsors:  Cahill, Gottfried, Heastie, Hikind, Maisel, Markey, McEneny, Nolan, Reilly, Titone, Weisenberg



4. LEGISLATION: CONDITIONAL OFFER OF EMPLOYMENT BILL, CERTIFICATE OF RESTORATION BILL; MERIT TIME BILL. THIS IS AN ELECTION YEAR (WITH THE DEMOCRATS IN CONTROL OF BOTH HOUSES), SO ALL BILLS MUST BE REINTRODUCED AND GO THROUGH THE PROCESS DESCRIBED AT THE END OF THIS LETTER (HOW A BILL BECOMES A LAW IN NYS)

A5330 CONDITIONAL OFFER OF EMPLOYMENT BILL - Sponsored by Assembly Member Aubry. Establishes it shall be an unlawful discriminatory practice for any prospective employer to make an inquiry about, or to act adversely upon the individual involved, based upon any criminal conviction of such individual unless such employer first makes a conditional offer of employment to such individual. Needs sponsorship in the Senate.

A4923 CERTIFICATE OF RESTORATION BILL - Sponsored by Assembly Member Aubry. Creates a “Certificate of Restoration” (COR) to take the place of a “Certificate of Relief from Disabilities” (CRD) and a “Certificate of Good Conduct” (CGC).  Streamlines the process of obtaining a Certificate and removes unnecessary obstacles to licensing, employment, and housing. Needs sponsorship in the Senate.

S49/A172 MERIT TIME BILL - Many readers have asked about Senator Montgomery's Merit Time Bill. Assembly Member Jeffrion Aubry is sponsoring it in the Assembly. Right now it's in the Crime Victims, Crime and Corrections Committee of the Senate, where they will decide whether to "report" it to the full Senate for a vote or amend the bill first. As it reads currently it says that every person except someone serving a sentence of life imprisonment without parole, under the custody of DOCS or confined in a facility in the department of mental hygiene, serving an indeterminate or determinate sentence of one year or more may earn a merit time allowance of 1/3 off of their sentence. As you can see in HOW A BILL BECOMES A LAW there is still a long way to go after this committee releases it.

A bill you love when it first is written, you may be very unhappy with when it finally becomes law. That's why we need to be vigilant; watch the progress of bills we care about, and make sure the sponsors and our state representatives know how we feel about it at every stage.

Bills give a date when the law becomes effective. Some bills contain a date very soon after passage. Others, like the SHU bill, which was scheduled for implementation in 2011, are scheduled for the distant future. (Governor Paterson postponed implementing the SHU bill even longer, til 2013, justifying it by saying it was to save money in the current economic crisis.)

Speaking of economic crisis, THE BUDGET PROCESS is a little different. New York State’s budget process uses an executive budget model in which the Executive is responsible for developing and preparing a comprehensive, balanced budget proposal, which the Legislature modifies and enacts into law. The Governor is required by the State Constitution to seek and coordinate requests from agencies of State government (which is what Comm. Fischer addressed in his budget speech), develop a “complete” plan of proposed expenditures and the revenues available to support them (a “balanced budget”), and submit a budget to the Legislature along with the appropriation bills and other legislation required to carry out budgetary recommendations. The Governor is also required by the State Finance Law to manage the budget through administrative actions during the fiscal year.

The fiscal year begins in April. According to the State's website:
The Budge process: 1. June-Sept/Oct: Agencies prepare their budgets, 2. Sept/Oct-Dec: The Budget Division reviews their budgets, 3. Nov-Jan: Governor makes budget decisions, 4. Jan-March: Legislative Action, 5. April: Budget goes into effect.

It also says this:
DEPARTMENT OF CORRECTIONAL SERVICES
1. Spending Reduction Target
• The Department of Correctional Services (DOCS) current-year savings target is $249 million, reflecting the Governor’s order for a 10.35 percent reduction in projected agency spending.
• DOCS is currently expected to achieve $84.1 million of its $249 million spending reduction target. In order to ensure the health and safety of both staff and inmates, the agency will be exempted from achieving their full savings target. DOCS, however, will continue to work toward implementing additional savings actions to achieve a portion of their remaining target.

2. Major Savings Initiatives
• DOCS is already in the process of implementing the following actions to achieve their savings target:
• Dormitory consolidations at 17 medium and minimum security correctional facilities and a reduction of inmate community crews ($7.8 million)
• Accessing previously unavailable federal funds for incarcerating illegal aliens ($23.6 million)
• Shifting construction security costs to capital financing ($24 million)
• Reducing the number of inmate work crews that conduct community service projects ($2.4 million)
• Reducing technology expansions ($5.6 million)
• Delaying centralized pharmacy automation ($1.8 million)
• These actions, plus others, will result in the reduction of approximately 200 correction officer positions through attrition and redeployment. The savings achieved by DOCS will be done through the efficiency of its operations without impacting public safety or security.



5. LIFERS AND LONGTERMERS CLEARINGHOUSE BULLETIN. INFORMS ABOUT RECENT EVENTS THAT DIRECTLY IMPACT ON THOSE SERVING LIFE, LONG-TERM, AND LIFE WITHOUT PAROLE SENTENCES.  IT IS SPECIFICALLY ADDRESSED TO THE LIFER AND LONG-TERMER ORGANIZATIONS

The long struggle to develop community-based organizations committed specifically to address the problems of long-term prisoners is finally bearing fruit.   Prison Action Network, the Lifers and Long-termer Committee of the Doing Justice Coalition, and the Coalition For Fair Criminal Justice Policies are three community-based organizations whose primary mission is to make linkage with and address the needs of those serving long-term sentences.

The ability of these organizations to function and effectively address your problems depends upon their membership and the involvement of the families, loved-ones and supporters of the incarcerated.   I am referring to your families and loved-ones and those community groups, organizations and individuals who support you.  It is crucial that you inform your families and loved-ones that they can directly help you in your efforts to obtain fair and just parole and prison policies by registering with the three organizations listed above.

It will not be required that they attend each and every meeting of all the organizations, but they should at least register their name, address and telephone/email address with all three organizations so that when the organizations need to call on voters to mount a campaign they can reach out to your people for help.  You cannot expect to influence and move the policy makers to take action in your behalf without pressure from those that vote!!!  You don’t vote so your voice carries little impact, but your families, loved-ones and supporters can vote and will be listened to by those in public office.

So this is a direct call to all those in the struggle for change to start directing your families and supporters to get involved with the organizations listed below:
 
PRISON ACTION NETWORK, prisonactionnetwork@gmail.com
Judith Brink, Director 518-253-7533  

COALITION FOR FAIR CRIMINAL JUSTICE POLICIES
Judith Brink, Coordinator: 518-253-7533, or email:CFFCJP

DOING JUSTICE COALITION
Larry White, Coordinator 212-691-7554, ext. 320, or email:Doing Justice

On the Merit Time front:  Senator Montgomery is the new chairperson of the Children and Families Committee in the Senate. Senator Ruth Hassell-Thompson has replaced Nozzolio as chairperson of the Crime Victims, Crime and Corrections Committee, a sister who most believe is allied with Montgomery.  Montgomery is still a member of the committee and Sen. Tom Duane and Sen. Serrano have been added.  This is reason for optimism, but it will take a lot of community support. While the time is not yet ready to start pushing, we have to start work putting our machinery in place.

By putting our machinery in place I mean to start spreading the word that passage of Merit Time for all is a great possibility because of recent changes in the political climate.  Approved organizations in each facility need to inform their members that all prisoners, short-timers as well as long-termers must unify in their efforts to get their families, loved-ones and supporters to make contact with one of the three organizations listed above to register as someone willing to add their support to get the bill passed.  The actions required will involve, primarily, phone calls and/or visits to local legislator’s offices.  Urge them to learn who their representatives are and how to contact them.  The Coalition For Fair Criminal Justice Policies will help them with this if they ask.

We must remember that we will need to start building support for the Merit Time Bill in the upstate communities, from which most of the opposition is expected to come.  This will require a well thought-out plan of action.  There should be planning meetings called by approved organizations so that communications between the outside and the inside can be coordinated.

There needs to be a Lifer and Long-termer Organization in every maximum prison and if you are having difficulty contact the Doing Justice Coalition for assistance.

About parole:  Although there seems to be a lot of confusion in finding a Chairman of the State Division of Parole [see article #6], we are pushing ahead with a campaign to change 259-I, specifically sections that form the basis for parole denials based on the nature of the crime. 

The Doing Justice Coalition will be compiling a list of the Lifer and Long-termer organizations including their administrative officers, and the staff adviser and other information that will assist in scheduling visits to your facility to hold meetings. Please send ASAP.

Larry White



6. PAROLE NEWS: PAROLE CRISIS? PAROLE OPPORTUNITY! BY KARIMA AMIN; TODAY’S HEAD OF PAROLE; THE STRUCTURE OF PAROLE-PART 4; JANUARY/FEBRUARY PAROLE STATISTICS; GRAZIANO UPDATE

At the Feb meeting of Prisoners Are People Too, we discussed the fact that we are still without a Chairman of Parole. At our Jan meeting the former Chairman of parole, Mr. George Alexander, had an opportunity to tell his story regarding his resignation and the criminal charges he now faces. Attendees chose to support Mr. Alexander in his quest for justice. We learned that Governor Paterson had nominated Mr. Felix Rosa to replace Mr. Alexander. Since our last meeting, Rosa, now facing sexual harassment charges, has withdrawn his application for the position.

Ms. Susan Wright, President of the Coalition for Parole Restoration, was on hand to discuss the Parole Commissioners’ faulty (illegal) application of Executive Law 259-I, especially as it relates to lifers and long-termers. A consensus supported our securing an audience with the Governor to discuss this issue.

For the last several weeks, Governor Paterson has been holding town hall meetings across the state. Unconfirmed reports say a Buffalo meeting will be held on February 18. The meeting time and site appear to be “top secret.” Nevertheless, phone calls can be made and letters can be written, supporting the reinstatement of Mr. George Alexander and urging the Governor to take a look at the plight of men and women who have been held in prison for more than 20 and 30 years while Parole Commissioners ignore the decision of the sentencing judge.

You can contact the Governor by writing to: David A. Paterson, State Capitol, Albany, NY 12224 or by calling 518-474-8390. The following link will take you to a page online where you may send an e-mail message: www.ny.gov/governor/contact/index.html.


WHO'S THE PAROLE BOARD CHAIRMAN TODAY? IT'S NOT EASY TO KEEP TRACK

On or near Feb 5: FELIX ROSA WITHDRAWS HIS NOMINATION FOR PAROLE BOARD CHAIRMAN. Shortly after, it was revealed that the real reason for withdrawing his nomination was that fourteen years ago a female employee accused Mr. Rosa of sexually harassing her. Rosa calls the allegations "absolutely false." (Note that in 14 years he was never charged with this offense.) It is reported that soon after Paterson nominated Rosa, an anonymous letter making the charges was sent to the governor, union and media. (That's two anonymous letters that have resulted in first, George Alexander's forced resignation, and now Felix Rosa's. Neither charge has been proven at this time. I wonder who would want them removed? First Spitzer, then Alexander, now Rosa are removed after anonymous tips triggered investigations. Will Paterson be next, or will he simply self-destruct? Ed.)

On Feb 9 GOV. DAVID PATERSON APPOINTS HENRY "HANK" LEMONS, JR AS INTERIM PAROLE CHAIR. Salary: $120,800. Lemons, who has served as a member of the Board of Parole since 2007, will fill the vacancy until a new chair and CEO is confirmed by the New York State Senate. He served from 2004 to 2007 as deputy chief investigator for the New York State Attorney General. Prior to that post, he was the assistant chief investigator for the Kings County District Attorney. Lemons is a former sergeant and detective with the New York City Police Department. He also served for four years of active duty with the U.S. Air Force. Lemons earned his bachelor’s in criminal justice and planning from John Jay College of Criminal Justice and his master’s in organizational leadership from Mercy College. He is a graduate of the FBI National Academy. He was raised in the Bedford – Stuyvesant section of Brooklyn and Queens, where he still resides.

On Feb 17: TIMOTHY O'BRIEN NAMED INTERIM EXECUTIVE DIRECTOR OF DIVISION OF PAROLE [This is the job that Felix Rosa held when he was nominated for Parole Board Chairman. He's been demoted after withdrawing his nomination and while under investigation for the alleged sex harassment.] Salary: $123,446. Mr. O'Brien, who most recently served as Director of Upstate Parole Operations, has worked in the Division for nearly 20 years. He began his career as a parole officer in 1989 and later served as Assistant to the Director of Parole Operations. Mr. O'Brien, of Lake George, was appointed Director of Upstate Parole Operations in 2007. Mr. O'Brien will be responsible for the day-to-day operations of the Division of Parole pending an Inspector General's inquiry involving Felix M. Rosa Jr., who had served as Executive Director since April 2007. Mr. Rosa has returned to his civil service position of Area Supervisor and will be assigned to the Central Office to work on the Division's re-entry program pending the outcome of the inquiry. Salary $104,080.


PART 4 ON THE STRUCTURE OF PAROLE, FROM THE NYS PAROLE HANDBOOK, Click on Programs and Resourses on menu on left, choose publications from the heading.]

Last month we ended with a list of four ways a person can be released: Board Release; Presumptive Release; Mandatory Conditional Release (CR); or Completion of the Maximum Sentence (max-out). Due to so many other pressing reports there’s not room for all of these in this issue, but we’ll mention the first. The second (presumptive releases) is conspicuously missing from the following descriptions in the Handbook. (strange....) But here’s what it says about Board Release: A Board release occurs when a panel of Parole Board members, as a matter of discretion, grants your release to parole after you have served a portion of your sentence. [The Editor would take issue with that definition. It would be more accurate to say, “after you’ve served your minimum sentence” in our opinion.]

JANUARY 2009 PAROLE BOARD RELEASES – A1 VIOLENT FELONS DINs 97 & earlier – unofficial research using parole database
[We apologize for our inability to line these figures up in the blogspot.com format]

Total Interviews # Released # Denied Rate of Release
27 initials 4 23 15%
72 reappearances 6 66 8%
99 total 10 89 10%

Initial Releases
Facility Sentence Conviction Board #
Arthurkill 25-Life Arson 1 Initial
Arthurkill 15-Life Murder 2 Initial
Collins 15-Life Murder 2 Initial
Otisville 25-Life Murder 2 Initial

Reappearances
Arthurkill 20-Life Murder 2 3rd
Bayview 20-Life Murder 2 4th
Bayview 15-Life Murder 2 5th
Fishkill 25-Life Murder 2 3rd
Green Haven 20-Life Murder 11th*
Mid Orange 20-Life Murder 2 7th

* 11th board was a Special Consideration hearing


FEBRUARY RELEASES BASED ON PRISONERS' REPORTS. (Please note that the following statistics are not all limited to people convicted of A1 Violent felonies - some include all parole hearings):

MID-ORANGE
February: names of commissioners not supplied
20 appearances
16 were paroled !!!! 11 were Lifers
2 were postponed
2 were denied

SULLIVAN ANNEX
February: Grant, Ross, Casey
11 appearances
6 were paroled: 3 initials, 3 reapp [3 on 1st board, 2 on 2nd merit boards, 1 on 3rd board]
5 denials: [1 on 1st, 3 on 2nd, 1 on 4th]

WOODBOURNE
February: Casey, Ross, &?
17 Appearances: 5 granted parole; 11 denied, 1 postponement
A1VO: 2 seen, 2 granted, one on 2nd board, other on 6th.

WYOMING
February: Loomis, Ludlow, Crangle
40 appearances; 7 granted parole.
16 initials; 3 granted
11 reappearances; 2 granted
13 merit time; 2 granted


UPDATE ON GRAZIANO VS PATAKI: The judge has been presented with Graziano’s motion to compel Pataki’s deposition, and Pataki's opposition argument. We await her decision.



7. RE-ENTRY TIP: RETURNING HOME SOON?  FINDING A JOB IS TOP PRIORITY!  IT WILL SATISFY PAROLE'S EXPECTATION, BUT ALSO CREATE A SENSE OF ASSIMILATION WHEN YOU CAN SUPPORT YOURSELF. 

Check out your local Dept. of Labor.  Their Workforce programs are extremely useful.  They provide computers in a resource room, where you can search, on-line, for employment in your specific field, for jobs in your local area.  Workforce will even teach you how to operate a computer in basic computer labs.  Workforce will help you to create a cover-letter, a resume, and even fax it to an employer.  Phones are provided should you need to make follow-up calls to prospective employers.  Workforce also provides free bus passes for transportation and clothing vouchers.

The Dept. of Labor is authorized to provide a Federal Bonding Program (FBP), offering between $5,000 and $10,000 coverage to employers taking a chance on ex-felons.  Even better, Workforce will refund 50% of your salary for up to six months to an employer through their On The Job Training program (OJT).  These are considerable incentives for employers to hire us.  And remind your employer of the Work Opportunity Tax Credit which allows a $10,000 tax credit deduction for hiring an ex-felon on parole. 

Raymond Roe, Parolee.



8. ROCKEFELLER DRUG LAWS - SENTENCING COMMISSION CALLS FOR REFORMS, ASSEMBLY SPEAKER SHELDON SILVER SAYS THEY DON'T GO FAR ENOUGH.[the full text of Silver’s criticism is available by contacting Building Bridges]

[Excerpts:] The New York Legislature finally seems poised to overturn the infamous Rockefeller drug laws. The law has been especially disastrous for black and Latino offenders, who represent the overwhelming majority of those held in state prison for drug offenses.

The Assembly speaker, Sheldon Silver, made just that point last week when he criticized a state commission that had been appointed to study the reform issue. The commission, which appears to have been dominated by prosecutors, called for more rational sentencing guidelines and allowing judges to send more offenders to treatment instead of prison. But it failed to call for a full restoration of judicial discretion. Mr. Silver, who has favored reform for many years, described the panel's report as "a missed opportunity" and signaled his intent to push for legislation that would eliminate mandatory sentencing for low-level, nonviolent drug crimes and expand judicial authority. Real reform "means untying the hands of our judiciary," he noted, "and placing emphasis on probation, alternatives to incarceration and treatment."

See Art. 1, Albany, Drop the Rock, to help get real reform of the RDLs.



9. TRANSPORTATION: CAPITAL DISTRICT

NEST Prison Shuttle schedule: Mt. McGregor, Washington, and Great Meadow CFs on Sat, Mar 7 ($35 adults, $25 children), Coxsackie, Greene, and Hudson on Sat, Mar 14  ($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, Mar 21  leaving Troy at 5 AM. Sullivan trip (Ulster, Eastern, Woodbourne, Sullivan) on Mar 28  leaving at 6:30 AM ($45 adults, $30 children). Reservations: Linda O'Malley 518- 273-5199.



10. HOW A BILL BECOMES A LAW IN NEW YORK STATE

Here is the process in a simplified progression from "Idea" to "Law." At any step in the process, participation by a citizen or group of citizens is as easy as making a call, writing a letter, or signing a petition being sent to your Senator, any other legislator or the Governor.

THE IDEA
This is the starting point in the process, and the first point at which the citizen has a chance to have a say in the writing or rewriting of law.

Ideas for legislation come from many sources. A Senator may have an idea. One of his or her constituents may point out a need. A State official may propose a change. An organization may espouse a cause that requires a change in the law.

BILL DRAFTING
Once an idea for a new law has been settled on, it must be put into bill form before it can be considered by the Senate. The actual drafting of legislation requires a specialized type of legal training and is usually done by the staff of the Legislative Bill Drafting Commission.

Sometimes, however, an interest group may have its own attorneys draft a bill., and lawyers working in various state agencies and the executive branch often submit their ideas for legislation in bill form.

INTRODUCTION
No law may be enacted in New York State unless it has been adopted by the Legislature in bill form. And to be adopted, it must first be introduced. With a single exception, bills can be introduced only by legislators by standing committees of the Senate and Assembly. That exception is the Executive Budget, which is submitted directly by the Governor.

On introduction in the Senate, a bill goes to the Introduction and Revision Office, where it is examined and corrected, given a number, sent to the appropriate standing committee, entered into the Senate computer, deemed to have had its first and second readings and printed.

(Incidentally, "first reading", "second reading" and "third reading" are terms which linger in the legislative vocabulary from the days when each bill was read aloud in full in public session three times before final action could be taken.)

COMMITTEE ACTION
The Senate engages specialists to study legislation. These specialists are members of Standing Committees who evaluate bills and decide whether to "report" them (send them) to the Senate floor for a final decision by the full membership. A committee agenda is issued each week listing the bills and issues each Senate committee will handle the following week. Committees often hold public hearings on bills to gather the widest possible range of opinion.

The committee stage is the second point at which the citizen's contribution is important. An expression of opinion on a proposed bill can be sent directly to the committee chairman, or it can be sent to your local Senator for relay to the committee members.

The committee system acts as a funnel through which the large number of bills introduced each session must pass before they can be considered. The system also acts as a sieve to sift out undesirable or unworkable ideas.

After consideration, the committee may report the bill to the full Senate for consideration, it may amend the bill, or it may reject it.

THE CALENDAR
The Daily Calendar is the agenda for Senate sessions and contains those measures which have come through the committee process. Bills take their place in order as they are reported from committee, and at this point are referred by their Calendar Number. This process allows additional time for your reaction against or for a bill.

Each bill has to be on the Senators' desks for three days before it can be voted on, unless the Governor authorizes and the Senate accepts a Message of Necessity for a certain bill. When bills reach the Order of Third Reading, they become ready for a final vote.

If the sponsor of a bill realizes at this point that his bill may not have enough support for passage, or has a defect which may require an amendment, he may ask that it be laid aside, returned to committee for further study, or "starred" (placed in an inactive file).

The Majority Leader also may ask that a bill be starred. Once starred, it cannot be acted on until one day after removal of the star. When the bill comes up for consideration on the Order of Third Reading, it is subject to debate, discussion or explanation.

By communicating your views on a particular issue to your Senator, you have another opportunity at this point to participate in the lawmaking process.

FLOOR AMENDMENTS
Once a bill has been introduced, reported out by a committee and is on the calendar for consideration by the full Senate, it can still be amended. The sponsor of the bill, for example, can submit the changes to the Bill Drafting Commission; the bill, now in its amended form, retains its original number, but amended versions are denoted by a letter suffix A, B, C, D and so on for each time the bill is altered.

However, beyond this, any Senator may amend a given bill by offering amendments to it on the Senate floor, even if he or she is not one of the bill's sponsors.

This method allows all members access to a bill's language, opening it to the suggestions and opinions of members who may like the essential ideas of the bill, but disagree with the sponsor on one or more of the legislation's details. Moreover, since the amendments are offered in open session, all members can ask questions and discuss the merits of the proposed amendments.

PASSING A BILL
After explanation, discussion or debate, a vote is taken. If a majority of the Senators approves, the bill is sent to the Assembly.

In the Assembly, you again have a chance to influence the bill as it moves through a process basically the same as that in the Senate. It is referred to a committee for discussion, and if approved there, it goes to the full membership for a vote. If the bill is approved in the Assembly without amendment, it goes on to the Governor. However, if it is changed, it is returned to the Senate for concurrence in the amendments.

(The reverse procedure is followed if the Assembly first passes a bill identical to a Senate measure or if the Senate amends an Assembly bill.)

CONFERENCE COMMITTEES
Sometimes the Senate and Assembly pass similar bills, but cannot easily reconcile the differences between them in a reasonable time frame. In such cases, a procedural device called a conference committee can be used to iron out the differences. The Senate Majority Leader and Assembly Speaker each appoint five members from their respective houses to serve on this committee. After agreement is reached, a bill is printed and processed like any other bill.

THE GOVERNOR
While the Legislature is in session, the Governor has 10 days (not counting Sundays) to sign or veto bills passed by both houses. Signed bills become law; vetoed bills do not. However, the Governor's failure to sign or veto a bill within the 10-day period means that it becomes law automatically.

Vetoed bills are returned to the house that first passed them, together with a statement of the reason for their disapproval. A vetoed bill can become law if two-thirds of the members of each house vote to override the Governor's veto.

If a bill is sent to the Governor when the Legislature is out of session, the rules are a bit different. At such times, the Governor has 30 days in which to make a decision, and failure to act ("pocket veto") has the same effect as a veto.

Citizen comment is an important part of the legislative process. Public opinion often affects the shape of a bill as well as its eventual success or failure. Remember, your input can play a crucial role in determining how a bill becomes a law.


Building Bridges is a joint effort of Prison Action Network and the FUUSA Justice Committee
We thank the Community Church of NY, Unitarian Universalist, for their support.

FEBRUARY 2009 EDITION

We publish calls to action and other announcements during the month. Please scroll down to see the February 2009 edition of Building Bridges. Thank you.


POSTED FEBRUARY 17: O'BRIEN NAMED INTERIM EXECUTIVE DIRECTOR OF DIVISION OF PAROLE

[Mr. O'Brien will be taking the place of Felix Rosa, who filled the position prior to his appointment as Chairman of Parole, from which he withdrew after being accused of sexual improprieties, and subsequently was demoted to a lower civil service category position while under investigation for those charges. Confused? We'll try to clarify in the March edition.]

This was posted on the Parole website on February 12th:

Timothy D. O'Brien has been named interim Executive Director of the New York State Division of Parole effective today.

Mr. O'Brien, who most recently served as Director of Upstate Parole Operations, has worked in the Division for nearly 20 years. He began his career as a parole officer in 1989 and later served as Assistant to the Director of Parole Operations. Mr. O'Brien, of Lake George, was appointed Director of Upstate Parole Operations in 2007.

Mr. O'Brien will be responsible for the day-to-day operations of the Division of Parole pending an Inspector General's inquiry involving Felix M. Rosa Jr., who had served as Executive Director since April 2007. Mr. Rosa has returned to his civil service position of Area Supervisor and will be assigned to the Central Office to work on the Division's re-entry program pending the outcome of the inquiry.

Mr. O'Brien will be paid $123,446 annually. Mr. Rosa's salary is $104,080.



POSTED FEBRUARY 10: GOV. DAVID PATERSON APPOINTS HENRY "HANK" LEMONS, JR AS INTERIM PAROLE CHAIR.

Lemons, who has served as a member of the Board of Parole since 2007, will fill the vacancy until a new chair and CEO is confirmed by the New York State Senate. He served from 2004 to 2007 as deputy chief investigator for the New York State Attorney General. Prior to that post, he was the assistant chief investigator for the Kings County District Attorney. Lemons is a former sergeant and detective with the New York City Police Department. He also served for four years of active duty with the U.S. Air Force. Lemons earned his bachelor’s in criminal justice and planning from John Jay College of Criminal Justice and his master’s in organizational leadership from Mercy College. He is a graduate of the FBI National Academy. He was raised in the Bedford – Stuyvesant section of Brooklyn and Queens, where he still resides. As interim chair, Lemons’ salary will be $120,800.


POSTED FEBRUARY 7: ROSA'S RESIGNATION DEMANDED BY WOMAN WHO ACCUSES HIM OF SEXUAL MISCONDUCT.

The real reason for withdrawing his nomination for parole board chairman, it now appears, was that fourteen years ago a female employee accused Mr. Rosa of sexually harassing her. Rosa calls the allegations "absolutely false." (Note that in 14 years he was never charged with this offense.) It is reported that shortly after Paterson nominated Rosa, an anonymous letter was sent to the governor, union and media. (That's two anonymous letters that have resulted in first, George Alexander's forced resignation, and now Felix Rosa's. Neither charge has been proven at this time. I wonder who would want both of them removed? First Spitzer, then Alexander, now Rosa. Will Paterson be next?) For more details see the NY Post article written by Josh Saul on February 6.



POSTED FEBRUARY 5: FELIX ROSA WITHDRAWS HIS NOMINATION FOR PAROLE BOARD CHAIRMAN.

Gov. Paterson's pick to chair the state Parole Board after George Alexander resigned in the wake of computer theft charges, has abruptly pulled his name from consideration citing personal reasons. Rosa issued the following statement:"I have withdrawn my name as a candidate for appointment to the Board of Parole and the related consideration for appointment as Chairman of the Board of Parole due to personal reasons." "I am honored that the Governor considered me for this position and will continue my commitment to further the mission of this agency and Governor Paterson's initiatives in criminal justice."



POSTED FEBRUARY 3: From Amnesty International -

Troy Davis remains on death row despite public outcry due to doubts of his actual commission of the crime. The courts have yet to decide, so his supporters are calling for our support. For more information, click here.



POSTED FEBRUARY 3: SENTENCING COMMISSION CALLS FOR DRUG LAW REFORM

Panel also recommends determinate sentencing, graduated sanctions for parole violators
[full report here]

A bi-partisan panel that spent nearly two years studying New York State’s sentencing statutes today called for further reforms to the state’s drug laws and provided the Governor, Legislature and Judiciary with several different options for historic reform.

The Commission on Sentencing Reform agreed on five major principles of drug law reform:

Community-based drug treatment, especially when required in a criminal justice setting where the offender faces clearly defined sanctions for program failure, works and should be an available option in every region of the state.
The state’s network of existing diversion programs and drug courts has been effective for thousands of drug-addicted offenders, and any new diversion model must be structured so as not to undermine these programs.
New York should adopt a comprehensive plan to provide statewide access to substance abuse treatment programs.
New York must continue to reserve costly prison resources for high-risk offenders and make greater use of alternatives to incarceration for non-violent offenders while not jeopardizing the state’s significant gains in public safety.
While New York has a large network of successful drug treatment courts and prosecutor-based diversion programs (such as DTAP – “Drug Treatment Alternative-to-Prison), these programs are not always made available to deserving offenders in need of treatment. The result is a “hit-or-miss” system that leaves many non-violent, drug-addicted offenders ─ and particularly persons of color – without access to this potentially life-changing alternative. To help close this gap, the Commission supports the adoption in statute of a uniform statewide drug diversion model.
The Commission considered several different alternatives for achieving those objectives and included five different options for reform.

Under one of the proposals, the “judicial diversion” model, judges would have discretion to divert certain addicted, non-violent first- and second-felony drug offenders into treatment programs rather than prison. The Commission noted that if this model had been in place in 2006, approximately 3,000 offenders – 89 percent of them African American or Hispanic – might have been diverted from prison and instead steered toward treatment.

Other options are: the Court Approved Drug Abuse Treatment (CADAT) model that is part of a comprehensive drug reform bill pending in both houses of the Legislature; judicial diversion, but only with the consent of the prosecutor; and two variations of a proposal that would allow first-time Class B drug felons to receive a probation or local jail sentence in lieu of a one-year state prison term.

Denise E. O’Donnell, chair of the Commission and Deputy Secretary for Public Safety, said all of the five proposals have benefits and drawbacks that the Legislature should take into account before implementing drug law reform.

“The Commission has heard from the prosecution, the defense, and the judiciary,” Deputy Secretary O’Donnell said. “We have solicited advice from advocates and renowned experts from around the nation. We held public hearings in New York City, Albany and Buffalo. We formed focus groups. We studied drug courts and drug diversion programs around the state and visited drug treatment facilities and New York State’s prisons in an effort to determine which approaches are most successful at ending the cycle of addiction and incarceration.

“I believe our report provides Governor Paterson and the Legislature with the balanced, objective and evidence-based information they need to make informed decisions about the future of New York’s drug laws,” Deputy Secretary O’Donnell added.

The 11-member Sentencing Commission, which was established by Executive Order in March 2007 to perform a comprehensive review of New York’s sentencing statutes, also recommended:

Adopting a largely “determinate” sentencing system to promote greater uniformity, fairness and truth-in-sentencing. Currently, New York utilizes a hybrid of “determinate” sentences where the court imposes a fixed sentence, and “indeterminate” sentences where the court imposes a minimum and maximum term and the Parole Board decides when the offender is actually released. Under a determinate sentencing system, defendants, crime victims, judges and the public have a clear understanding of how long an offender will actually spend behind bars. The Commission reviewed more than two decades of sentences that had been imposed through the indeterminate system and used that data to construct a proposed range of sentences for particular offenses.
A comprehensive system of graduated responses, which would allow parole officers throughout the state to respond quickly and proportionately to technical parole violations. Since incarceration is an expensive and, often, unnecessary response to parole violations, the Commission recommends expanded use of “graduated sanctions” – such as curfews, electronic monitoring, increased reporting – coupled with use of evidence-based risk assessments to identify parolees who pose the greatest risk to public safety.
Expanding effective and cost-efficient “shock incarceration” and “merit time” initiatives that reduce recidivism and reserve costly prison space for the most dangerous offenders.
Enhancing the rights of crime victims. The Commission recommends moving all of the various victim’s rights statutes into a single article of law, or cross-referencing to a single article, so that victims, judges and practitioners can readily ascertain the rights and benefits that may be available. Additionally, the Commission recommends enhancing victim’s rights training requirements for prosecutors and judges, as well as new laws to enhance the ability of victims to collect restitution.
Establishing a permanent sentencing commission. Over the past 40 years, portions of New York’s sentencing statutes have been amended and altered countless times, resulting in an overly complex, Byzantine structure replete with the potential for injustice. The Commission recommends the establishment of a permanent body of experts to advise the Executive and Legislative branches on proposed legislation.
Jeremy Travis, president of the John Jay College of Criminal Justice, said the “Sentencing Commission has performed a valuable service, at a critical time in the state’s history.”

“By focusing squarely on the connection between public safety and sentencing policy, the Commission has provided a roadmap that will guide the state during difficult fiscal times,” President Travis said. “The Commission’s recommendations, if followed, will bring clarity to our patchwork quilt of accumulated sentencing reforms, improve reentry outcomes, and support more rational uses of our prisons and our parole system.”

Deputy Secretary O’Donnell said the report is “the product of an extraordinary effort by an extraordinary group of professionals.”

“This comprehensive report reflects the wide diversity of experience represented on the Commission, and the seriousness with which every member approached this very difficult and time-consuming mission,” Deputy Secretary O’Donnell said. “Although we come from different areas, different professions and different backgrounds, our overarching goals were identical – justice, fairness and public safety. I believe that, with this report, we have met that goal.”

Also on the Commission were: Anthony Bergamo, Chairman, Federal Law Enforcement Foundation, Inc.; Brian Fischer, Commissioner, New York State Department of Correctional Services; Michael C. Green, Monroe County District Attorney; Joseph R. Lentol, member of the New York State Assembly; Michael P. McDermott, O’Connell and Aronowitz in Albany; Judge Juanita Bing Newton, Deputy Chief Administrative Judge for Justice Initiatives; Felix Rosa; Executive Director, New York State Division of Parole; Eric T. Schneiderman, member of the New York State Senate; Tina Marie Stanford, Chair, New York State Crime Victims Board; and Cyrus R. Vance, Jr., of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer in Manhattan

“A lot of talented people put a lot of work into this report, which I believe will serve as a positive stepping stone for the legislature as we consider reforms to our state’s costly ─ and at times overly-punitive ─ criminal justice system,” said Senator Schneiderman, the new chair of the Senate Codes Committee. “I am especially heartened by the fact that the Commission is recommending by nearly unanimous agreement that judges be given the power to divert drug-addicted offenders to treatment, even without prosecutorial consent.”

Added Karen Carpenter-Palumbo, Commissioner of the New York State Office of Alcoholism and Substance Abuse Services: “I applaud the Governor and the Sentencing Commission for recognizing addiction is a chronic illness that is better to treat than to incarcerate. We know that 72 percent of state parolees have a substance abuse problem and effective treatment is the best way to help them return to their communities, not to prison.

“OASAS is proud to partner with the Governor and Legislature on insuring that appropriate treatment is available to those individuals who can be diverted from State prison to our not-for-profit system of care,” she added. “New York State is a national leader in diversion programs, such as drug courts, and the action of this Commission once again puts New York in the forefront.”

Commissioner Fischer said the “shock incarceration” and “merit time proposals would build upon effective and cost efficient programs already being utilized by the Department of Correctional Services.

“Expanding eligibility for shock incarceration and creating limited credit time for good behavior and enhanced program participation during prison are sound, common-sense ideas based upon many years of practical experience in what works best,” Commissioner Fischer said.

“Shock has saved state taxpayers nearly $1.3 billion directly over two decades through reduced need for prison space, in addition to lowering recidivism by better preparing its participants to return to society,” he added. “Credit time would build on our very successful merit time program by providing incentives that have been shown not only to help in the rehabilitative process for offenders but also to make our correctional facilities safer and to enhance public safety.”

Added Ms. Stanford, Chair of the Crime Victims Board: “I am pleased to note that victims’ rights and concerns were studied and considered as part of the extensive process of reviewing sentencing in New York. The final product reflects fairness and forward thinking in an effort to share practical suggestions and best practices to achieve just results.”

Mr. Vance said that the “Commission’s report provides sound and bold recommendations to reform New York’s complex, sometimes unfair and often incomprehensible sentencing laws. We hope our work will be a roadmap to a more fair and effective criminal justice system for all of us.”

http://criminaljustice.state.ny.us/pio/csr_report2-2009.pdf


FEBRUARY 2009 EDITION OF BUILDING BRIDGES

Dear Reader,

Change is in the air! Some of us are daring to hope that we really can make a difference. A group of people (Article 2) who were inspired by Family Empowerment Day 4 in NYC to believe that they could work together to change the policies of the parole board, voted on January 24 to put their time and energy behind changing Exec law 259-i to prevent the parole board from over and over again using the nature of the crime as justification for denying parole to people statistically proven to have the lowest recidivism rates. (We would like to hear your suggestion for amending the law. Please send it to PAN as soon as possible.) We believe that we can do it. We know it won't be easy or quick, but it is just, and we believe in justice!

Since making this decision, we have heard rumors that other organizations are working on the same thing. If that’s true, we have an even greater opportunity for success! So please, if your organization is working to change 259-i, contact us so we can join forces. We need to work together, instead of spending our precious resources duplicating the work of others.

Education is an important tool for empowerment. In order to be effective change agents we need to be informed. Beginning each issue we provide a listing of free educational offerings from experts in their fields. We hope you’ll be able to take advantage of them.

Together we can make a difference!


IN THIS ISSUE

1. Activities to educate, motivate and mobilize

2. Coalition For Fair Criminal Justice Policies

3. Fischer’s Budget Speech

4. Former Insider’s Guide to Parole

5. ICARE Reports

6. Lifers and Longtermers Clearinghouse

7. Parole Report

8. Prison Media

9. Rockefeller Drug Laws

10.Telephone Justice

11.Temporary Release Program



1. ACTIVITIES TO EDUCATE, MOTIVATE AND MOBILIZE: IN ORDER TO CHANGE THE POLICIES THAT AFFECT US, OUR INCARCERATED LOVED ONES AND OUR COMMUNITIES, WE NEED TO EDUCATE OURSELVES. BELOW IS A LIST OF EXCELLENT PROGRAMS PRESENTED BY ADVOCACY ORGANIZATIONS IN NYS AND THEY’RE ALL FREE AND OPEN TO THE PUBLIC.

ALBANY: 
Wednesday, March 18: Gideon Day

Sponsored by the Justice Fund’s Campaign for an Independent Public Defense Commission. The time has not been set, but the place to gather is at The Well, of the Legislative Office Building. We need your voice for public defense reform. This year will be different. We are on the verge of public defense reform in New York State. Change is in the air and the time to make this happen is now.

Jonathan E. Gradess, Campaign Manager, jgradess@newyorkjusticefund.org, (518) 465-0519
To register : click here.

For more information about the Campaign for an Independent Public Defense Commission please contact
Katie Blackburn, Upstate Community Organizer,
kblackburn@newyorkjusticefund.org, (518) 465-0519     
Keith L. Kinch, Downstate Community Organizer,
kkinch@newyorkjusticefund.org, (917) 604-1396


BUFFALO:
Monday, February 23, 6:30pm - 8:30pm. Prisoners Are People Too! Meeting

Pratt-Willert Community Center, 422 Pratt Street in Buffalo. Our “parole crisis” will be further discussed and we will have a book signing for Mr. Gerald “Jerry” T. Balone who has self-published “A Former Insider’s Guide to Parole: A Manual for Anyone Trying to Get Out of Prison.”[see article 4 below]. Jerry was incarcerated for nearly 38 years in 17 NYS prisons. He was released on August 14, 2007.

PRP2! is a justice advocacy program that meets monthly on selected Mondays. Most meetings feature a documentary film, related to some criminal justice or prison issue, and one or more guest speakers who address that issue. 

At the last meeting of Prisoners Are People Too (01-26-09), thirty-five supporters of this program met to discuss the community’s desire for long overdue parole reform. Mr. George B. Alexander, who recently resigned from his position as Chairman of the NYS Parole Board, shared his story about the alleged theft of a laptop computer (purchased with State funds) and he answered questions about the felony charges he now faces. Mrs. Susan Wright, President of the Coalition for Parole Restoration, shared her thoughts about  Executive Law 259-i, its intent and its faulty (illegal) application by Parole Commissioners. There was a consensus among attendees to support Mr. Alexander’s fight for justice and to move toward PRP2’s securing an audience with Governor David Paterson.  More details will appear in future postings.

PRP2 programs are sponsored by The Circle of Supporters for Reformed Offenders and Friends of BaBa Eng. For further information, contact Karima Amin: 716-834-8438; karima@prisonersarepeopletoo.org.


NEW YORK CITY:
Thursday February 6, 3-5 pm Forensics meeting at NAMI -METRO

3 people from Albany Office of Mental Health and Deb Ashline, Criminal Justice Coordinator from NAMI-N.Y.S. will be there. Bring, issues, complaints, concerns, suggestions. Focus: Forensic Hospitals & mental health care in correction al Facilities.
Location: 505 8 th Ave. Manhattan 11th floor. For details, Jayette@ {631}424-4528.


Thursday February 5, 6:00 PM - 8:30 PM Strength of a Woman Film Premiere

Presented by Coalition for Women Prisoners, Correctional Association of New York. Screening of this powerful film about the criminal justice system's devastating impact on survivors of domestic violence will be followed by a brief discussion with the filmmaker, survivors and other advocates where we will further explore the relationship between domestic violence and women's pathways to prison, and discuss ways to get involved in making critical criminal justice reforms. Columbia University School of Law, 435 West 116th Street at Amsterdam Avenue. Stacey Thompson, sthompson@correctionalassociation.org, 212-254-5700 x.333.

Tuesday February 10, 6:00 PM - 8:00 PM Crime, Justice and The Economic Crisis

Presented by The Center for New York City Affairs. Like New York, most states face deepening budget gaps and are slashing education and human services. Nationwide, states pour $50 billion a year into incarceration. With at least 25,000 ex-offenders returning home each year from NY state prisons, what kind of support can communities expect? With: Robert Gangi, Glenn Martin, Marc Mauer, Denise O'Donnell, Anne Swern, Moderator: Katrina vanden Heuvel, Editor, The Nation. Free, but you must reserve a seat. Call 212.229.5418 or email centernyc@newschool.edu. Theresa Lang Community & Student Center, 55 West 13th Street (between 5th and 6th Avenues), 2nd Floor.


Wednesday February 11 8:30 AM - 7:00 PM Connecting the Neighborhood Dots: Promoting Solutions to Dismantle the Pipeline to Prison.

Medgar Evers College, City University of New York (CUNY) 1650 Bedford Avenue, Bedford Building, Founders Auditorium. Presented by Children's Defense Fund-NY, CUNY Medgar Evers College and Casey Family Programs. The focus of the first New York summit will be on the communities - predominantly low-income communities of color - that feed New York's prison pipeline and explore promising approaches including policy changes, legislative action and neighborhood-based strategies to promote re-investment in these communities. Speakers include: Marian Wright Edelman, president, CDF, Dr. Edison Jackson, president, Medgar Evers College, Geoffrey Canada, president and CEO of Harlem Children’s Zone, Gladys Carrion, commissioner of NYS Office of Children and Family Services. To register, go to: www.childrensdefense.org/nysummit, messages@cdfny.org, (212) 697-2323.


Thursday February 12 & Friday February 13 , 5:00 PM - 7:00 PM Coalition for Women Prisoners Meeting

A project of the Correctional Association of New York. Join us for our monthly meeting of the Coalition where we will discuss policy and projects that we are committed to working on to change the criminal justice system as it relates to women. 2090 Adam Clayton Powell Blvd., Suite 200 Contact Serena Alfieri, salfieri@correctionalassociation.org, 212-254-5700 x.311


Saturday, February 14 from 10:30am - 2pm. The Coalition For Fair Criminal Justice Policies

At this general meeting we will continue the work of changing Exec. Law 259-i so that the Parole Board can not use the nature of the crime to perpetually keep our community-ready loved ones in prison. At the Fortune Society Academy (The Castle), 630 Riverside Dr., Manhattan (corner of W 140th St.) Nearest subway, #1 train 137th St/City College stop. For more information, please call 518 253 7533.


Tuesday, February 17 5:00 PM - 7:30 PM Spring 2009 Reel Reentry presentation of The Woodsman.
CANCELLED
Starring Kevin Bacon, the film chronicles a convicted sex offender and his experience of social exclusion, maintaining employment and personal rehabilitation. Don Greif, Clinical Psychologist and Psychoanalyst, Columbia University Medical Center will facilitate the discussion following the screening. John Jay College, 899 Tenth Avenue (between 58th and 59th Streets), Room 630. CANCELLED. RSVP to 212.484.1399 or amthompson@jjay.cuny.edu


Friday, February 27 from 8:30 to 10:00 am Occasional Series on Reentry Research

Featuring an engaging discussion on “Incarceration and Sexually Transmitted Infections: A Neighborhood Perspective.”  James Thomas, Associate Professor of Epidemiology, University of North Carolina at Chapel Hill will present the research findings and public health implications of reentry.  The following discussants will share their responses: Kathy Boudin, Ed.D, Center for Comprehensive Care, St. Luke’s-Roosevelt Hospital; Tracie Gardner, Director of State Policy, Legal Action Center; and Dr. Farah Parvez, Director of the Office of Correctional Public Health, New York City Department of Health and Mental Hygiene. John Jay College, 899 Tenth Avenue (between 58th and 59th Streets), Room 630. RSVP to 212.484.1399 or amthompson@jjay.cuny.edu


STATEWIDE:
Today: Mental Health Alternatives to Solitary Confinement, Join The Statewide Call To Action!, Call The New York State Legislature TODAY!

Urge NYS To Keep Its Promise To Prisoners With Psychiatric Disabilities!
Although the law is not scheduled to take effect until 2011, this year’s Executive Budget proposes to diminish and delay, for an additional three years, the protections afforded by the SHU bill, putting off implementation of the bill until 2014. Further, accompanying Article 7 legislation calls for the elimination of about half of the correctional beds from the requirements of the SHU bill, and cuts the training requirements for correctional officers! If approved, prisoners in nearly half of the SHU beds in the system would not be entitled to a mental health assessment or removal from SHU, despite the fact that an appreciable number of these prisoners receive treatment for a mental illness.
 
CALL THE FOLLOWING NEW YORK STATE LEGISLATORS NOW! Assembly Ways And Means Committee, Chair, Herman D. Farrell 518-455-5491; Senate Finance Committee, Chair, Carl Kruger 518-455-2460; Senate Mental Health & Developmental Disabilities, Chair, Shirley Huntley 518-455-3531; Assembly Committee on Mental Health, Chair, Peter Rivera 518-455-5102.

Sample Message: “I’m a registered voter from (your zip code) calling to urge you to keep the promise made to NY’s prisoners with psychiatric disabilities, by not delaying or weakening NY’s SHU Law.”



2. COALITION FOR FAIR CRIMINAL JUSTICE POLICES: NYC CHAPTER VOTES TO REMOVE THE NATURE OF THE CRIME FROM 259-i; CAPITAL DISTRICT CHAPTER INVITES YOU TO "PRISON HEALTH CARE: FOCUS ON MENTAL HEALTH" DIALOGUE ON MARCH 7TH.

At the NYC Chapter Meeting on January 24, members unanimously approved the following mission statement:

" The Coalition For Fair Criminal Justice Policies is a movement of empowered families and advocates committed to ending unjust criminal justice policies and practices. Unjust policies serve as crucial building blocks of modern-day inequality, causing incalculable collateral damage that extends far beyond prison walls.  Such policies negatively impact families, children and the social, political, economic and ecological life of the communities from which the incarcerated come—and to which they will return. In the end, society as a whole is damaged.

In place of the current criminal justice system that exaggerates the power of a few and diminishes the power of millions, the coalition works to build a system that is not based on political self-interest but is rehabilitative, impartial and fair to all."

As reported in the January Building Bridges, the Coalition decided at their last meeting to retake the vote on what issue to start with in our effort to create a fair system. We know there are hundreds of unfair and unjust policies, but which one is the most effective at destroying hope and rehabilitation? We decided it was the policy of denying parole based on the one and only thing no human can change, the nature of the crime. Thus, the group voted to revise Executive law 259-i, to make it impossible for the parole board to continuously deny parole based on the nature of the crime.  Although most of us agreed that videotaping would be a worthwhile goal, we recognized that until the nature of the crime could no longer be used as a reason to deny parole, nothing else we do will result in more releases of our deserving loved ones. 

The February meeting is scheduled for Sat., Feb. 14 from 10:30-2 at the Fortune Academy (The Castle), 630 Riverside Dr, Manhattan (corner of W 140th St.) Nearest subway, #1 train 137th St/City College stop.

The Capitol District Chapter is presenting Prison Health Care: focus on mental health on Saturday March 7th in Albany, at 405 Washington Avenue (near Robin). Speakers include: Teresa Wuerdemann, Asst. Commissioner of DOCS Health Services; Dr. Timothy Whalen, Regional Medical Dir., NE Region; Richard Miraglia, Assoc. Comm. of Forensic Services for the NYS Office of Mental Health; and Doris Ramirez-Romero, DOCS Director of Mental Health Services. After introducing themselves, they will devote the rest of the program to answering questions submitted by those attending. (If you can not attend, you may send one question to PAN, and we’ll submit it.). Following lunch there will be a circle discussion of our personal experiences with mental health care in prison. Please join us. The event is from 10 am - 3 pm. A light lunch will be provided. RSVP: 518 253 7533, PAN.



3. FISCHER'S BUDGET SPEECH: TESTIMONY OF BRIAN FISCHER, DOCS COMMISSIONER BEFORE JOINT LEGISLATIVE FISCAL COMMITTEES, JANUARY 27, 2009. THESE ARE EXCERPTS FROM THE 8-PAGE SPEECH, WHICH IS AVAILABLE AT THE DOCS WEBSITE (www.docs.state.ny.us).

A 35 percent drop in crime over the last decade makes budget reductions not only possible, but sensible. A significant decline in the inmate population has resulted from the drop in crime and from various changes in the law to keep violent felons behind bars longer while providing appropriate alternatives for non-violent offenders.

The Governor’s Executive Budget restructures the prison system in several key ways:
• By closing our minimum security correctional camps and closing several correctional annexes. The decline in the number of minimum security inmates in our system means we no longer need to keep the camps open.

•By modifying and delaying implementation of a very expensive law designed to provide specialized treatment – which we are already aggressively and effectively addressing - for inmates with serious mental illness.

•Through a more appropriate use of prison space. These changes involve graduated sanctions for minor and technical parole violators and creation of incentives that would enhance prison safety while encouraging motivated offenders to change their lives in preparation for their return to society. Close prison facilities with 90 days notice in times of financial crisis. One of those times is now.

The Governor has included in his Executive Budget three key changes in statute. These changes would:
• Provide for six months of Limited Credit Time for certain violent felony offenders who prove themselves in terms of good behavior and who complete enhanced program requirements during incarceration.

•Expand eligibility for our Shock Incarceration Program to non-violent offenders who are 40 through 49 years of age, as well as for appropriate and eligible general confinement inmates who reach three years to their earliest parole eligibility or conditional release date and are under 50.

•Create graduated sanctions for parole violators. Increase supervision for minor violations of the conditions of supervision thus reducing the demand for costly prison space for low-risk parolees.

Third, the Executive Budget proposes expanding medical parole to include not only inmates who are terminally ill but also those who have documented debilitating yet non-terminal conditions – but NOT first degree murderers.

Two overriding factors should determine our need for space: the steep population decline and the changing profile of the inmate population. Since I became Commissioner in January 2007, the system has seen a drop in the number of inmates of more than 3,000, and a much lower percentage of drug offenders in our system, from 23,511, or 34% of all inmates in 1996, to 11,936, or under 20% now.

While it is true that we double-bunk some inmates, the overwhelming majority of our double bunks are in complete conformity with all minimum standards established by the agency charged with our oversight. The photographs shown on the website show double-bunks along the far wall of a prototype dormitory from the vantage point of the supervising Correction Officer. The number of inmate-on-staff assaults in the dormitory areas of our medium security correctional facilities is minimal. These photographs are starkly different from those the New York State Correctional Officers and Police Benevolent Association – the Correction Officers’ union - has publicized recently as part of paid ads. That’s because our photographs actually show a dormitory in a New York State correctional facility. The union’s photographs are from another state. And to clear up a common misconception, closing correctional facilities would not result in the early release of inmates; it would merely result in the transfer of the inmates to vacant beds in already-staffed housing units at remaining facilities.

We have opened reentry units at Orleans C.F. in addition to one at Queensboro C.F. We are planning additional reentry units in the near future at Hudson C.F. and the women’s Bayview C.F.

Apart from the requirements of the SHU Exclusion Law, we will open a 100-bed RMHU at Marcy Correctional Facility this year to provide an adequate heightened level of care for all inmates with serious mental illness who are housed in SHUs. All such inmates will be offered from 2-4 hours per day of out-of-cell structured therapeutic programming and/or mental health treatment as required by the court-approved private settlement agreement the State reached with Disability Advocates Inc. in April 2007.



4. A FORMER INSIDER’S GUIDE TO PAROLE, A MANUAL FOR ANYONE TRYING TO GET OUT OF PRISON BY GERALD T. BALONE. “SINCE MY RELEASE FROM PRISON ON AUGUST 14, 2007, MANY PEOPLE HAVE SUGGESTED I WRITE ABOUT MY EXPERIENCES WITH THE PAROLE BOARD IN HOPES THAT MY STORY MIGHT HELP OTHERS”

I believe my book should be read by all people in prison, and by their families and friends so that they may understand that it takes more than luck to convince parole officials to release certain individuals.

Price: $20.00 per copy, includes NYS sales tax and shipping
To order send your NAME, INMATE NUMBER, FACILITY, ADDRESS, CITY, STATE, ZIP CODE.
Please enclose a check payable to GTB SPEAKS, LLC
Return the completed form to: GTB SPEAKS, LLC, PO Box 686, Buffalo, NY 14240-0686
All orders must be pre-paid.
Order on line by going to: www.gtbspeaks.com



5. ICARE REPORTS. WELCOME TO NEW READERS FROM ICARE’S MAILING LIST! THIS COLUMN WILL BE A REGULAR FEATURE FROM NOW ON, IN LIEU OF THE OCCASIONAL COMPILATION OF INTERESTING ARTICLES PREVIOUSLY SENT BY SUSAN MARENECK.

Interfaith Coalition of Advocates for Reentry and Employment has obtained sponsorship from Assemblymember Jeffrion Aubry for a "certificate of restoration" bill.  The bill creates a “certificate of restoration” (COR) to take the place of a “certificate of relief from disabilities” (CRD) and a “certificate of good conduct” (CGC).  In the case of a person sentenced to a period of probation or a definite sentence, the bill requires the court to issue the COR at sentencing, absent a showing that receipt of the certificate would jeopardize public safety.  The certificate would be effective on the date of release for a person who receives a definite sentence.  Where the certificate is not issued based on the public safety exception, a COR will be issued upon application of the person after one year at liberty in the community without a new criminal conviction or un-disposed criminal arrest.

In the case of a convicted individual sentenced to state prison who is awarded merit time pursuant to section 803 of the correction law during such sentence, the parole board shall issue a COR at time of release to parole or post-release supervision.  Absent merit time, the Parole Board will still issue a COR at time of release from incarceration in the absence of a showing that issuance would jeopardize public safety.  Where such a showing is made, the Parole Board will issue the COR if the individual remains at liberty for two years without a new criminal conviction or un-disposed criminal arrest.

In cases where a COR is issued prior to the person’s completion of probation or parole, the COR would be subject to revocation based on a violation of a condition of supervision or conviction of a new offense.

The bill also makes conforming changes to various sections of law that currently reference a CRD or CGC.



6. LIFERS AND LONGTERMERS CLEARINGHOUSE:

You've read elsewhere in this edition [Dear Readers, and Article 2] about the decision made at the Coalition For Fair Criminal Justice Policies meeting on January 24. What I want to add is this:  Because the Coalition is primarily composed of the families, loved-ones and supporters of the incarcerated, there is a crucial need for collaboration between the organized efforts inside prison and the organized efforts in the communities.  That is where the Lifers Clearinghouse comes into play.  There are a number of prisoners' organizations involved in the effort to achieve legislative change in the parole law and these efforts are being carried out on an individual basis with no coordination or collaboration between them.  That is to be expected given the nature of prison conditions. 
 
It is, however, vital to the success of our common goal that we make every effort to make linkage between the inside and the outside.  The mission of the Prison Action Network is to coordinate joint efforts between the inside groups and the outside groups.  We plan to do this by following the rules and regulations of the NYS Department of Correctional Services that "encourage constructive interaction between inmates and the community".  It is vitally important that we do not self-destruct and ruin our chance to achieve justice and fairness. 
 
Those who are involved in organized efforts to bring about legislative change in parole laws should notify the Prison Action Network of the name of your organization and details of your efforts.  We will keep you informed of developments regarding parole release efforts of the Coalition for Fair Criminal Justice Policies.  Keep us informed of what efforts are taking place inside and how we can develop strong and effective linkage.  When we act, we must do so together. There is an art to activism, and timing is all important. Let us work together for the good of all!

- Larry White



7. PAROLE: FELIX ROSA NOMINATED FOR HEAD OF PAROLE; SENTENCES - PART 3 IN OUR SERIES ABOUT THE STRUCTURE OF THE DIVISION OF PAROLE; DECEMBER PAROLE STATISTICS; GRAZIANO UPDATE. [2008 A1-VO PAROLE RELEASE RATES ARE AVAILABLE UPON REQUEST TO PAN]

ROSA NOMINATION:
On January 16, Governor Paterson announced his nomination of Felix M. Rosa, Jr. to serve as member and Chair of the State Board of Parole. As Chair of the Board of Parole, Mr. Rosa will also serve as the Chief Executive Officer of the State Division of Parole. Mr. Rosa has served the Division of Parole for more than 20 years: as Executive Director of the New York State Division of Parole, Director of Executive Clemency and Secretary to the Board of Parole, Senior Parole Officer in various units throughout the Division, Parole Revocation Specialist and Parole Officer.

Mr. Rosa was born in Santo Domingo, Dominican Republic and immigrated to the United States at the age of two. He became a naturalized citizen at the age of 10, returned to the Dominican Republic to attend high school at Colegio Dominicano De la Salle, and upon his return Mr. Rosa earned a Bachelor of Arts degree from Eastern Michigan University in 1982 and a Masters in Social Work from Fordham University in 1987.

Mr. Rosa has four sons and lives in the Albany area. He has served on the board of Hispanic Outreach Services in Albany.

As Chair of the Board of Parole, Mr. Rosa’s salary will be $120,800. This appointment requires Senate confirmation.

[A more detailed biography is posted on Parole's website: parole.state.ny.us]


PAROLE HANDBOOK - SENTENCES
From the NYS Parole Handbook, available online at https://parole.state.ny.us/Handbook:

Indeterminate and determinate sentences: An indeterminate sentence is one in which the court has set the minimum and maximum lengths of incarceration within the outer limits set by statute. After you have completed your minimum sentence, you are eligible for Parole Board release consideration. If the Parole Board grants you release, you will be subject to parole supervision until you complete your maximum sentence. A determinate sentence, or “flat” sentence, is one in which the Court is authorized only to set a fixed period of incarceration without a minimum and maximum term. Under the Sentencing Reform Act of 1998, determinate sentences also include a fixed period of post- release supervision.

Jail time is credited toward service of the minimum sentence established by the sentencing Court.

Good time: Section 70.40 of the New York State Penal Law states that an inmate may earn time allowances (good time) off his or her maximum term of imprisonment for good institutional behavior. A good time allowance is granted by DOCS under Section 803 of the Correction Law.

Four ways to be released: • Board Release; Presumptive Release; Mandatory Conditional Release (CR); or Completion of the maximum sentence (max-out).
[to be continued next month]


Addendum: Last month I asked a writer who complained that he only saw his Facility Parole Officer briefly every 2 years, shortly before his parole hearing, if he had ever asked to see the FPO for guidance or direction, prior to these meetings? He sent me documentation, including a handwritten note by his FPO saying that while he was in prison he was under the supervision of DOCS and therefore it was not his (the FPO’s) responsibility until he was released to the supervision of Parole. It demonstrates that there is a lot of work to be done in convincing everyone (FPO's especially) that they must take an active role in reentry early on.  Obviously there is confusion over the roles of the DOCS Corrections Counselor and that of the FPO. I suggest the writer keep trying, and send a copy of his request to John Lowery at 97 Central Avenue, Albany, NY  12206.  I believe that Mr. Lowery is in charge of Parole’s facility operations. 



DECEMBER 2008 PAROLE BOARD RELEASES – A1 VIOLENT FELONS – unofficial research from parole database

The editor apologizes for the appearance of these statistics. They are aligned on my screen, but they lose the formatting in transmission. Any helpful advice would be appreciated.

Total Interviews # Released # Denied Rate of Release
10 Initials 2 8 20%
69 Reappearances 17 52 25%
79 Total 19 60 24%

Initial Releases
Facility Sentence Offense # of Board
Mid Orange 15-Life Kidnap 1 initial
Oneida 25-Life Murder 2 initial

Reappearances
Facility Sentence Offense # of Board
Arthurkill 16-Life Murder-2 3
Albion 25-Life Murder-2 2
Attica 20-Life Murder-2 5
Bare Hill 15-Life Murder-2 8
Collins 20 ?-Life Murder-2 6
Fishkill 17-Life Murder-2 4
Fishkill 15-Life Murder-2 4
Franklin 18-Life Murder-2 5
Hudson 15-Life Murder-2 5
Mid Orange 25-Life Murder-2 3
Mid Orange 15-Life Murder-2 3
Mid Orange 18-Life Murder-2 3
Mid Orange 25-Life Murder-2 4
Mid Orange 20-Life Murder-2 5
Oneida 25-Life Murder-2 3
Otisville 25-Life Murder-2 2
Woodbourne 25-Life Murder-2 2

JANUARY RELEASES BASED ON PRISONERS' REPORTS. (Please note that the following statistics are not all limited to people convicted of A1 Violent felonies - some include all parole hearings):

MID-ORANGE
January. Clark, Thompson, Greenan
20 appearances
2 were paroled (1 A1V0)
8 A1’s were seen and the 7 who were hit got 2 years

SULLIVAN ANNEX
January Ferguson, Ross, Casey
9 appearances (4 A1VO + 4 non-VO + 1 unknown)
2 were paroled, 1 VO on 3rd board; 1 non-VO on 1st board
All denials included nature of the crime. All were hit with 2 years. Four on their 1st boards, two on 2nd board, one on his 4th.

WYOMING
January. Gallivan, Greenan, Hagler
29 appearances; 3 granted parole.
15 initials; 2 granted
4 reappearances; 0 granted
10 merit time; 1 granted

UPDATE ON GRAZIANO VS PATAKI: Graziano lawyers had to file a motion to compel Gov. Pataki's deposition. The Attorney General had until Jan 12 to file opposition papers. They asked for an extension and the judge has not yet issued her decision whether to grant it.

2008 A1-VO Parole Release Rates Available by emailing prisonactionnetwork@gmail.com. As with all requests please include the name of the article and the date of the issue in which it was offered]



8. PRISON MEDIA: RADIO - DAVID KACZYNSKI FROM NYADP WILL BE INTERVIEWED ON FANCY BROCCOLI; TV - ALL THINGS HARLEM HAS NEW WEBSITE.

RADIO Fancy Broccoli: On Feb 15 (originally scheduled for Feb 1) David Kaczynski from New Yorkers for Alternatives to the Death Penalty will be the guest.

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 at www.fancybroccoli.org to find lots of other good interviews. Write Fancy Broccoli Show, WVKR, Box 726, Vassar College, Poughkeepsie, NY 12604-0726

TV "All Things Harlem" has been focusing on building its website, which will be a platform for the voiceless and the advocacy groups that are working on behalf of the powerless and the marginalized. At the same time they continue covering all significant events in the Harlem Community. Their website is www.allthingsharlem.com. Come, sign in and help them grow. Spread the word! 



9. ROCKEFELLER DRUG LAWS MENTIONED IN GOVERNOR PATERSON’S STATE OF THE STATE ADDRESS ON JAN 7TH. PAN HOPES THEY WERE NOT EMPTY WORDS.

“Just as we invest in the programs that are working, we must also address the strategies that are not working. Few public safety initiatives have failed as badly and for as long as the Rockefeller Drug Laws. These laws did not work when I was elected Senator in 1985, and they do not work today.

“We enacted modest reforms to the Rockefeller Drug Laws in 2004. Yet these reforms still did not go far enough to expand the availability of drug treatment programs, allow judges to order low-level offenders into mandatory treatment, and assure that prisons are used for the most serious drug offenders.

“At the end of this month, the New York State Commission on Sentencing Reform will deliver its report. I look forward to reviewing the Commission’s recommendations in partnership with the members of the Legislature. Together, we should move forward to reform the Rockefeller Drug Laws—and institute a smart, safe and effective approach that keeps drugs off our streets.”

We at Prison Action Network certainly hope these were not empty words. We look forward to seeing some meaningful changes, including restoration of judicial discretion in sentencing in all drug cases. The wrong people are landing in jails with long sentences when the people at the top of the chain remain free and invisible. In this time of financial crisis it makes less sense than ever to spend approximately $540,000 - $720,000 to keep a person in prison for 15-20 years for possession of relatively small amounts of a drug while the real criminals continue to ravage our communities. The savings could be used to reinstate the $8.6 million in contracts the State cancelled with the Department of Correctional Services, the Division of Parole and nonprofit groups that help recovering drug addicts.



10. TELEPHONE JUSTICE: NEW PRISON TELEPHONE CONTRACT STILL DELAYED, CLASS ACTION SUIT DISMISSED BY APPELLATE COURT, HAS GTL CHARGED YOU A 19% PROCESSING FEE?

While the new prison telephone system, intended to comply with our Family Connections bill, was supposed to go into effect almost a year ago, its implementation is still being delayed in court. DOCS awarded the contract to UNISYS through a competitive bidding process.  Global Tel Link (GTL) sued DOCS in two separate courts for not awarding them the contract.  They recently lost one of their cases, meaning that NY state recognizes the legitimacy of the contract awarded to UNISYS.  They now have a hearing in the other case scheduled for mid-January.  We (and DOCS) expect GTL to fail in their other case.

UNISYS can take up to 90 days to set-up their system.  So if all goes well in court this month, we are still looking at another three months (so in April) before the new system goes into effect.

Now that NY State recognizes the contract award itself, the contract with UNISYS is public information.  We have filed a Freedom of Information Law (FOIL) request for the contract, and we will soon know the details of what you should expect when the new system goes into effect.  We will organize an event and conference call for people to get those specifics as soon as we have them.  And we’ll need you to help spread the word to other families so stay tuned!

UPDATE: CLASS ACTION SUIT DISMISSED BY APPELLATE COURT
From CCR attorney Rachel Meeropol:
On December 18, 2008 the Appellate Court once again rejected Walton v. New York State Department of Correctional Services.  The case, brought by CCR on behalf of the family members and lawyers of New York State prisoners, seeks compensation for years of unlawful kickbacks to the state for collect calls from New York prisoners.  The case was on appeal to the Appellate Division from an earlier dismissal by the lower court. 
 
While CCR is disappointed by the loss, we are excited and hopeful about our appeal to the Court of Appeals, the highest court in New York.  This will be CCR’s second appeal to the Court of Appeals in Walton.  In February of 2007, CCR convinced the Court of Appeals to reverse the lower court’s decision to dismiss Walton as untimely.  After being instructed by the Court of Appeals to consider the merits of plaintiffs’ constitutional claims, the lower courts once again dismissed, holding that DOCS was not violating the state constitution by raising money from the family members and friends of prisoners.  Now, we will ask the Court of Appeals to reverse once again, and find that the kickback is an unlawful tax and a violation of freedom of speech and association, equal protection, and due process. 
 
We hope to move quickly on the appeal, and anticipate that the Court of Appeals will hear Walton in the late spring or summer of 2009. 
 
HAS GTL CHARGED YOU A 19% PROCESSING FEE?
We were recently contacted by a family member in California who is investigating GTL’s practice of charging people a 19% processing fee through their Advance Pay accounts.  By law, GTL is not allowed to charge you a processing fee but they have been squeezing money out of people nonetheless.  If you have ever been charged a processing fee by GTL, please contact Lauren Melodia (lmelodia@ccrjustice.org), 212-614-6481, 666 broadway 7th floor, NYC 10012) so she can pass your story on to the researcher.



11. TEMPORARY RELEASE PROGRAM COULD SAVE MILLIONS SAYS SYRACUSE BASED CENTER FOR COMMUNITY ALTERNATIVES IN RECENTLY RELEASED PAPER.

CCA released a working paper entitled, How New York Could Save Millions: The Potential Cost Savings and Public Safety Benefits of the Temporary Release Program. This paper, co-authored by Patricia Warth and Alan Rosenthal, Co-Directors of Justice Strategies, discusses the incredible potential of the Temporary Release program to save the State millions of dollars while enhancing public safety. In fact, using DOCS' own figures, they calculate that if New York were to return to 1994 levels of participation in the Temporary Release program, the State would realize a savings of approximately $137 million a year.

From the paper: "The need for thoughtful and cost-effective spending in Corrections means that we must take full advantage of those correctional programs that require the least amount of dollars to enhance public safety. DOCS’ Temporary Release program is one such program. By allowing people in prison who are nearing the end of their sentences to be released to the community for rehabilitative programming, this program not only facilitates a structured transition from incarceration to parole supervision (which is a “best practice” reentry principle), it also saves New Yorkers millions of dollars each year and generates millions more in federal, state, and local tax revenues."

[PAN will send the complete article if you email us. As with all requests please include the name of the article and the date of the issue in which it appeared]


THE LAST WORD: A reminder that the Coalition For Fair Criminal Justice Policies seeks your input. We would like your thoughtful response on how to amend/revise Exec. law 259-i so that it minimizes or eliminates the power of the Parole Board to deny parole based on the nature of the crime. Please send it as soon as possible to PAN.

Building Bridges is a joint effort of Prison Action Network and the FUUSA Justice Committee
We thank the Community Church of NY, Unitarian Universalist, for their support.

PRISON ACTION NETWORK
PO BOX 6355, ALBANY NY 12206
518 253 7533
prisonactionnetwork@gmail.com