Periodically during the month we post bulletins sent to us from members. You'll find the July Building Bridges immediately following the announcements. Thank you for joining us in our efforts to bring more justice into the world.
POSTED JULY 10, FROM PETER WAGNER OF PRISONERS OF THE CENSUS, EVENTS AND AN UPDATE:
New York City, Monday July 13: Peter Wagner will be speaking about prison-based
gerrymandering at a CLE Seminar during the NAACP Convention.
2:35pm Gramercy Suite, New York Hilton.
Philadelphia, Tuesday, July 21: Peter Wagner will be speaking about the legal and
technical issues involved in states changing how people in prison are
counted for redistricting purposes at the National Conference of
State Legislatures Legislative Summit.
1:15pm, Convention Center 112AB--Street.
* * *
NEWS UPDATES:
Last week I wrote about Wisconsin State Representative's Census
Correction Amendment at
www.prisonersofthecensus.org.
Shawn Johnson on Wisconsin Public Radio reported on the amendment,
and the Associated Press then produced a story that appeared in
papers across the state. You can listen to Wisconsin Public Radio's
report at:
clipcast.wpr.org:8080.
BUILDING BRIDGES, JULY 2009
Dear Reader,
We suffered a major setback this Spring, as you all know. I won’t even try to assess the damage done by some members of the Senate. The details change every day, but the tragedy goes on. Many important bills, including those we champion, will not get passed this year. We are apparently helpless to do anything about it, so let’s concentrate on what we can do.
Prison Action Network and the Coalition for Fair Criminal Justice Policies will continue to work hard to design a new parole policy that will emphasize evaluation and support rather than punishment and retribution. There are over 2300 men and women who have served their minimum sentences and are still in prison. Many of them because the Parole Board sees fit to punish them more severely than the judge who sentenced them thought necessary. We see no benefit in this. These people have served their time in prison; if they have grown and rehabilitated themselves we need them out here where they can work at our side to heal the community. This can only happen if we change the way we look at incarceration and parole. The whole criminal justice system needs remediating and that’s our ultimate goal, but these 2300 men and women should not have to wait that long for justice. We must all work together to free our family members and friends once they have demonstrated their community readiness. Therefore we are working on revising 259-i with an emphasis on evaluation and support, and a reduction, if not elimination, of punitive functions.
One way you can help with that is to make sure that everyone of those 2300 people fill out the questionnaire on pages 9 and 10, which was developed by Citizens Against Recidivism who will tabulate the results and share them with all of us who are working on parole reform.
Be well, have hope, and please, join us on the journey to justice.
In this Issue
1. Abuse of incarcerated youth
2. Actions you can take
3. ICARE Reports
4. Legislation
5. Lifers and longtermers clearinghouse
6. Parole news
7. Prison closures - what replaces them?
8. Prison media
9. Prisoners of the census
10. Transportation to prison
11. Citizens Against Recidivism questionnaire
1. ABUSE OF INCARCERATED YOUTH: AT A HEARING HELD IN JUNE “LISTENERS” WATCHED A THEATRE PERFORMANCE BY HIGH SCHOOL STUDENTS AND HEARD TESTIMONY FROM YOUNG PEOPLE, ADVOCATES, AND FAMILY MEMBERS.
On June 12th and 13th, the Urban Justice Center’s Mental Health Project, Riverside Church’s Prison Ministry, and the American Friends Service Committee organized a hearing on the abuse of incarcerated youth. Topics included physical, sexual, and mental abuse, solitary confinement and mental health, and re-entry and transformation of the system. Young people, advocates and family members testified on all of these topics. A highlight from the event was a theatre performance by high school students from New Jersey. The play, titled ‘Our Children’s House’, addressed young people’s experiences of being locked up and the many horrors involved. It was a powerful event, where many horrors were brought to light. The hearing will be followed by a report including recommendations from the listeners who participated.
Alexandra H. Smith, MSW, Soros Justice Fellow, Mental Health Project, Urban Justice Center 123 William Street, 16th Floor, New York, NY 10038 Tel: (646)-602-5683 Fax: (212) 533-4598
asmith@urbanjustice.org
2. ACTIONS: WHAT CAN YOU DO? HERE’S A LIST OF THINGS TO START WITH
BUFFALO:
Monday, July 27, 6:30pm - 8:30pm Prisoners Are People Too will meet at the Pratt-Willert Community Center, 422 Pratt Street in Buffalo. This meeting will open with a screening of the documentary film, “A Justice That Heals,” produced and directed by Jay Shefsky and Window to the World Communications: Chicago, Illinois, 2002. Although the term “restorative justice” is never used in the film, we see evidence of a form of justice that is truly “restorative” as two families, that of a murder victim and that of the perpetrator, have an opportunity to meet and share their stories, their feelings, and their loss. A tragic incident that could have divided the community, ultimately serves as a vehicle for bringing two families together.
Our guest speakers will be members of two local families who have journeyed a restorative path together, in the aftermath of a murder, seeking restoration and reconciliation.
PRP2 programs are sponsored by The Circle of Supporters for Reformed Offenders and Friends of BaBa Eng. For further information, contact Karima Amin: 716-834-8438; karima@prisonersarepeopletoo.org.
NEW YORK CITY
Thursday, July 2, 12 - 4 pm The Bronx Defenders will be hosting their annual Block Party, a great event with free fun, games, food and entertainment for children and their families. 160th Street between Melrose and Courtlandt Avenues. The Bronx Defenders is an organization of lawyers, social workers, investigators, community organizers, parent advocates, and support staff working to transform the role of public defender in the Bronx. For more information about the block party, please contact Lise Radhert at Liser@bronxdefenders.org
Saturday July 11, 10:30am - 1pm Coalition For Fair Criminal Justice Policies - NYC Chapter Meeting
The meeting will start sharply at 10:30 am. The Policy Committee will report on their June 20 meeting, and those who worked on the Media Campaign will report their results. We will take the first step in our Public Relations campaign to change the public perception of incarcerated and formerly incarcerated people and their families. Please bring a pen/pencil and paper.
Fortune Society Castle, 630 Riverside Drive, at 140th Street. City College/137th St. stop on the #1 train. [Please note the Fortune Society is not a sponsor of our events].
To help us plan please RSVP to prisonactionnetwork@gmail.com or call 518 253 7533.
Saturday July 18, 12 noon - 2 Joe Gonzalez's First Annual Reentry Walk-a-thon
For people who labor in the reentry industry in a salaried or volunteer capacity; a cost-free event where we will fellowship and renew ourselves and our commitments to a more just society while engaging in the healthy exercise of walking. Gather at the corner of West 59th Street and Central Park. We'll start walking north on Central Park West to West 110th Street, promptly at 12:30pm. This is all sidewalk except for four traffic stops that allow for roads in/out of Central Park. For those who can't make the whole distance, they are advised that the NYC subway runs north and south along this stretch of Central Park West about every seven blocks.
Questions should be e-mailed to Joe Gonzalez at reentryevents@aol.com
AT A COMPUTER
Today! Drug Policy Alliance has set up an action center where you can make your voice heard. Some New York Senate politicians are trying to stir up press attention by calling this April's hard-won reforms of the Rockefeller Drug Laws the "Drug Dealer Protection Act," and calling for repeals of critical aspects of the program. We can't afford to let their cynical opposition erode the progress we've made. Help us set the record straight: Let Albany know that a majority of New Yorkers support Rockefeller Reforms and want to keep them in place. Send a letter today.
SEND THE SURVEY AT THE END OF THIS LETTER TO SOMEONE YOU KNOW IN PRISON
Right now! Citizens Against Recidivism, Inc. want to consult with people in prison on the issues that affect them. Citizens is interested in the views on parole of those who are incarcerated. We believe we cannot make any argument about parole without their input. We want your help in reaching as many people in prison as possible. The brief survey will help us when we speak about this issue.
3. ICARE REPORTS WILL BE TAKING THE SUMMER OFF. LOOK FOR THE NEXT COLUMN IN THE SEPTEMBER ISSUE.
4. LEGISLATION: [Copies of all bills mentioned can be found at http://public.leginfo.state.ny.us/menuf.cgi]
UPDATES
Penal Law 803-B Six Month Credit Time Allowance:
Upon further investigation and the help of a reader, it now seems clear that only those with a determinate sentence will be denied the 6 month credit because they had good behavior time credit withheld.
Merit Time Bill S2932/A6487
Passed out of the Senate Crime Victims, Crime and Corrections Committee and was waiting to be put on the Calendar, when the Senate fell into total disarray. It did not get out of the Assembly Corrections Committee before the end of session, so it’s dead for this year. We’ll have to see if it’s reintroduced next session, or if yet another Merit Time Bill will be drafted in an attempt to satisfy more people.
Domestic Violence Merit Time Bill A4516-C/S3438-C
Passed in the Assembly after revision, was sent to the Senate, and you know about the Senate stalemate.
Adoption Policies Affecting Children of Incarcerated Parents A5462/S2233
Passed in the Assembly, sent to Senate, and.....
5. LIFERS AND LONGTERMERS CLEARINGHOUSE: THE BURNING QUESTION IS HOW WILL YOU LIVE YOUR LIFE WHETHER SERVING A PENAL SENTENCE, SURVIVING A SITUATION OF ABJECT HOMELESSNESS, OR DEALING WITH INCURABLE CANCER.
THE PRISONER'S PERSPECTIVE
Checking things out from a prisoner’s perspective is both enlightening and instructive. It is also emancipating in that it provides a point of view grounded in the experiences of the imprisoned rather than relying on the pronouncements of the controlling authorities.
A prisoner’s perspective begins with the realization that the situation that you find yourself in is not merely one concerning a prison sentence. That you are not just serving time, but more importantly that you are living your life and your sentence is merely an aspect of that life.
Your sentence, no matter how long, is only a feature or consideration of a life that will ultimately determine how you will serve that sentence. In other words it is your life not your sentence that should be the controlling factor. The burning question is how will you live your life whether serving a penal sentence, surviving a situation of abject homelessness, or dealing with incurable cancer.
How you live your life during imprisonment determines if you are doing a beneficial or painful bid. As I have taught over the years, a prisoner must construct a prison life. You alone must determine how you will live your life during the course of your sentence, not the authorities or anyone else. The decision about how we live our lives is always, knowingly or unconsciously, a deeply personal decision. The crucial question is "who is driving the car?"
Once you realize and accept that you are in charge, and then base your everyday decisions on living an intentional and meaningful life, the trials and tribulations of doing time diminish and serving your sentence becomes a challenge. And challenges are never good or bad, they are merely the tests of your will and your will is what drives your life!!!
Once you realize that serving time is all about living your life, rather than serving a sentence, then your perspective changes. You begin to understand that how you perceive and respond to your imprisonment has value and needs to be shared and articulated. But developing a perspective and articulating it requires a knowledge of the subject matter. It is not just a matter of opening your mouth and expressing a wild opinion.
In order to merit serious consideration, your perspective should be based upon studied facts, not emotional outbursts. Given your status as prisoner, your perspective should seek to not only improve your social standing, but also to inform others; and not only other prisoners but those in the free world as well. Because your perspective seeks to improve their condition, it must not only inform, but must also be instructive.
Instruction is most effective when it is exchanged. In next month's Building Bridges I'll be discussing in depth the perspective you need to articulate to community organizations providing correctional rehabilitation programs and service. -Larry White
6. PAROLE NEWS: ANDREA D. EVANS IS THE NEW HEAD OF PAROLE; PART 7 OF PAROLE HANDBOOK; MAY AND JUNE PAROLE STATISTICS; UPDATE ON GRAZIANO
NEW CHAIR CONFIRMED BY SENATE. On Monday, June 8, shortly before the Republicans threw the Senate into upheaval, Andrea D. Evans was confirmed by the NYS Senate as Chair of the Parole Board, and CEO of the Division of Parole. Prison Action Network congratulates her, and looks forward to working with her to make NYS a leader in reintegrative justice based parole practices.
PART 7 ON PAROLE AND PAROLE BOARD ACTIVITIES IN STATE CORRECTIONAL FACILITIES
[available online at http://parole.state.ny.us/Handbook.pdf]
What is the purpose of the initial parole board appearance?
Upon serving the minimum term of an indeterminate sentence, you are automatically scheduled to make an initial Parole Board appearance. This is your first opportunity to be considered for discretionary release by the Parole Board. It is at this appearance that the Board examines your institutional adjustment, including your disciplinary record and earned eligibility status. The Board also reviews your criminal history and other factors required by law to determine whether release should be granted. Shock Incarceration participants usually do not have a personal appearance before the Parole Board, but are considered for release by the Board before completing the program.
Who will be present at the parole board interview?
Release interviews are conducted by a panel of two or three members of the Parole Board; facility Parole staff and a hearing reporter will also be present. The hearing reporter will record what is said during the interview.
May I appear before the parole board for a release interview with an attorney?
No. Counsel may not be present at such interviews.
What is temporary release? what is parole’s role in temporary release?
Temporary Release is a program under the jurisdiction of the Department of Correctional Services, which authorizes your temporary release from a correctional facility into the community for specific purposes. Every correctional facility has a Temporary Release Committee to screen and process applications from eligible inmates for program participation. A Parole Officer will supervise you in the community if you are approved for temporary release. Details about Temporary Release Program eligibility requirements and application procedures are available from DOCS staff at the facility where you are confined.
What is shock incarceration and how does it affect parole eligibility?
Shock Incarceration is a program under the jurisdiction of the Department of Correctional Services in which selected, eligible inmates participate in a structured six-month program at a Shock Incarceration facility. Generally, participants who successfully complete the program are issued a Certificate of Earned Eligibility and are eligible for parole release consideration prior to completing their court-imposed minimum sentence.
MAY 2009 PAROLE BOARD RELEASES – A1 VIOLENT FELONS – unofficial research from parole database
Total Interviews /# Released /# Denied /Rate of Release
9 initials / 0 /9 /0%
60 reappearances /11 (1 female) /49 /18%
69 total /11 /58 /16%
Initial Releases None
Reappearances
Facility /Sentence /Offense /# of Board /Eligibility Date
Cayuga /13 2/3-Life /Murder 2 /4th /9/10/03
Clinton /1 ?- Life** /Murder 2 /???** /3/25/08**
Gouverneur /25-Life /Murder 2 /5th /9/13/01
Mid Orange /15-Life /Murder 2 /6th /9/20/99
Mid Orange /15-Life /Murder 2 /7th /4/12/98*
Mohawk /20-Life /Murder 2 /4th /9/18/03
Oneida /18-Life /Murder 2 /4th /1/25/03
Otisville /7-Life /Murder 2 /5th /9/26/01
Otisville /20-Life /Murder 2 /4th or 5th /10/27/03*
Taconic /15-life /Murder 2 /2nd /10/19/08*
Wallkill /20-Life /Murder 2 /5th /9/30/01
*Special Consideration Hearings
**Sentence not our typo, parole eligibility date not a typo
MAY RELEASES FROM PRISON REPORTS. (Please note that the following statistics are not all limited to people convicted of A1 Violent felonies - some include all parole hearings):
MID-ORANGE
June 16 - Ludlow, Elovich
25 appearances (13 A1VO)
6 were paroled (3 A1VO; 1 non viol. at de novo; 1 persistent Lifer on 6th board; 1 violent on 1st board)
2 postponements
1 refused to appear
SULLIVAN ANNEX
June - Casey, Smith, ?? (Grant maybe?-see below)
5 appearances
All were paroled: 4 non-v, (1 merit, 1 presumptive, 1 initial, 1 on 2nd board) 1 viol., (on 4th board),
WOODBOURNE
June - Grant, Casey, Smith
21 appearances:
8 were granted parole (4 A1VO; 20-life on 2nd board, 15-life on 2nd board, 18-life on first, 25-life on first.
5 postponed
A1VO: 7 seen, 4 granted, 2 denied, 1 postponed
GRAZIANO VS PATAKI: The lawyers for Graziano submitted written questions to Pataki; his responses are not due for another 3 weeks or so.
7. PRISON CLOSURES: IMAGINE A WORLD WITHOUT PRISONS, AND YOU HAVE…WHAT ELSE? THE DEPARTMENT OF CORRECTIONAL SERVICES HAS TO COME UP WITH RE-USE PLANS FOR THREE FACILITIES BY OCTOBER 1, 2009
by Lauren Melodia
For the first time in recent history, New York State is decommissioning some of its prisons. The impetus for the prison closures is not because the State finally realized that prisons don’t work, but because of a state fiscal crisis and a shift in State Senate politics this year. But the closure of Camp Pharsalia, Camp Gabriels and Mt. McGregor Camp give us an exciting opportunity to come up with other ways those spaces can be used. How can those facilities or the counties in which they are housed be used so that they don’t have to be reopened and so prisons are no longer an economic answer to a rural economy’s needs?
Who do you think will come up with a re-use plan that is best for families and a sustainable and just economy? The government? Or you? Residents of these counties, people in prison, and prison families know what is best for these communities. Let’s be creative and come up with some solutions that build a healthy economy and good jobs that don’t depend on keeping people in cages.
People in prison and residents of upstate New York! People in prison and residents of Chenango, Saratoga and Franklin counties! Prison families! Think about the prison where you are incarcerated, where you visit your loved ones, where you live. What else could that space be used for? What was there before the prison? What are the strengths of the county and town where that prison is now and how can that prison facility be used in another way that is economically viable for the area?
Please send your ideas in words and/or pictures and/or drawings to Lauren Melodia at laurenmelodia@yahoo.com or by mail to Lauren Melodia c/o Karen Jones, Center for Community Alternatives, 115 East Jefferson Street Suite 300, Syracuse, NY 13202. Send your ideas and help start a critical, statewide discussion on rural prison economies this year.
Lauren Melodia is a 2009 Soros Justice Fellow who will be working with community members in rural “prison towns” to re-imagine their local economies. Melodia’s project involves a collaborative effort to help these rural areas develop sustainable models for growth that do not depend on keeping people in cages.
8. PRISON MEDIA: RADIO - AL LEWIS LIVES, FANCY BROCCOLI, SOUL SPECTRUM WITH LIBERTY GREEN; PRO SE REPORT; STILL HERE HARLEM [Video] PRODUCTIONS PROFILES POLITICAL CANDIDATES, IS LOOKING FOR ADDITIONAL STAFF; ‘THE VISITORS’ VISITS PRISONS
WHERE'S KAREN LEWIS?
We haven't been able to contact Karen, host of Al Lewis Lives, in months. Past phone numbers are out of service. Emails are not delivered, and we received no response when we asked the station manager at WBAI. Does anyone know what has happened to Karen Lewis, host of Al Lewis Lives? Please let us know. [prisonactionnetwork@gmail.com] We hope she is ok.
FANCY BROCCOLI RADIO SHOW, WVKR 91.3 FM - Sundays - Jazz & Prison Talk, 3:00-6:00 pm
Box 726, Vassar College, Poughkeepsie NY 12604-0726
Fancy Broccoli streams online - go to www.WVKR.org and click on (or near) the word 'LISTEN'.
Visit archives to find lots of other good interviews.
SOUL SPECTRUM WITH LIBERTY GREEN, WJFF Radio Catskill 90.5FM - Thursday evening from 10pm to 1:30am. [www.wjffradio.org] PO Box 546, Jeffersonville, NY 12748 Voice Box Call-in Comment Line: 845 431 6500 Email:libertygreen@citlink.net
PRO SE REPORT, THE LATEST (SPRING 2009) ISSUE, published by Prisoners Legal News contains the following articles:
A Win in the Supreme Court
Resentencing for Certain Class B Drug Offenders
Medical Parole Expanded
Questions about Time Served on Illegal Post-Release Supervision
Pro Se is published four times a year. Pro Se accepts individual subscription requests. With a subscription, a copy of Pro Se will be delivered directly to you via the facility correspondence program. To subscribe, send a subscription request with your name, DIN number, and facility to Pro Se, 114 Prospect Street, Ithaca, NY 14850.
Pro Se Wants to Hear From You! Pro Se wants your opinion. Send your comments, questions, or suggestions about the contents of Pro Se to Pro Se, 41 State Street, Suite M112, Albany, NY 12207. Do not send requests for legal representation to Pro Se.
Pro Se On-Line: Inmates who have been released, and/or families of inmates, can read Pro Se on the PLS website at: www.plsny.org.
STILL HERE HARLEM PRODUCTIONS - [www.allthingsharlem.com]
We’ve started a series of profiles of candidates running for political office in the Harlem community. Chuck Berkely, from 100 Blacks in Law Enforcement and Landon Dais have been covered so far. We take no position pro or con on the candidates. We leave that to the community members. You can read an article about us in The National, a middle eastern paper out of Abu Dhabi.
While we are growing in our connectivity to the community we continue to be short on staff, both administrative and technical. If you have skills in journalism, administrative skills, marketing and promotion, and the technical skills needed for video production please contact Joseph Jazz Hayden, "Still Here" Harlem Productions Inc.at jazz@allthingsharlem.com. We need your help.
New videos are available on our website [www.allthingsharlem.com] covering the shooting of Omar Edwards, Charles Barron, Charlie Rangel, Al Sharpton, the Party For Socialism and Liberation Conference, Frances Villar, candidate for Mayor of New York and others.
THE VISITORS, COMING TO A PRISON NEAR YOU (MAYBE): A NOTE FROM THE FILMMAKER
We were at Arthur Kill Correctional Facility with Denise [main character in the film]. We screened the film to Lifers and Longtimers. It was a great experience as they loved the film. Some of them were in tears. We received great feedback and comments.
The counselors who arranged the screening where also very supportive of the film. Our next goal is to reach out to other prisons. We welcome invitations from any facilities. Melis Birder, 347-272-3097, melisbirder@yahoo.com.
9. PRISONERS OF THE CENSUS: CALLS FOR THE COMMISSIONER OF THE MAINE DEPARTMENT OF EDUCATION TO DECLARE PRISON-BASED GERRYMANDERING A VIOLATION OF THE PRINCIPLES OF ONE PERSON ONE VOTE
In January, I released a report, Phantom Constituents in Maine's Regional School Unit 13: How the Census Bureau's Outdated Method of Counting Prisoners Harms Democracy, which identified how the town of Thomaston, Maine, is able to use Census counts of a closed prison to exercise undue influence over a school board.
Each town is given a number of votes in proportion to its population, but because the board used Census Bureau counts that included the now-closed Maine State Prison, they unintentionally gave Thomaston more votes than its population was entitled to. (Unlike the Census Bureau, Maine state law says that incarcerated people remain residents of their home, not prison, addresses.)
Earlier, the Commissioner's office told the board that the impact of the prison was too small to matter, so our letter reviews the relevant legal precedent and the appropriate way to calculate vote dilution. We found that crediting the prison to Thomaston results in inflating the weight of a vote in that town by almost 9%, which is significantly more than the 5% allowed by Supreme Court decisions. When compared against the weight of a vote in the other towns, the distortion is also larger than the maximum deviation allowed by controlling precedents.
Some members of the school board want to reject the flawed census counts and update their voting system without regard to the prison population. If successful, each resident of the school district would have an equal say over the education of their children.
But before proceeding with changes, state law requires the Commissioner of the Maine Department of Education to declare the current voting system in violation of the principles of one person one vote. The Commissioner has not yet responded to our letter.
The Prison Policy Initiative depends on the support of the people who receive this newsletter. If you can help support our work with a tax-deductible contributions via Network for Good or via a paper check sent to this address, please do so today.
Peter Wagner
Prison Policy Initiative
PO Box 127 Northampton, MA 01061
10. TRANSPORTATION: CAPITAL DISTRICT
NEST Prison Shuttle schedule: Mt McGregor, Washington, Grt Meadow CFs on Sat, Jul 4 ($35 adults, $25 children), Coxsackie, Greene, Hudson on BOTH Sat, Jul 11 & 18 ($20 adults, $15 children) leaving Oakwood Ave Presbyt. Church parking lot, Troy at 7 AM, then Albany Greyhound bus station at 7:15. Sullivan trip (Ulster, Eastern, Woodbourne, Sullivan) on Jul 25 leaving at 6:30 AM ($45 adults, $30 children). Reservations: Linda O'Malley 518- 273-5199.
Free door to door rides from the Capital District: The Justice Committee at the Unitarian Church has 3 volunteer drivers. If you have a loved one in prison and you have no other way of getting to see him or her, maybe we can help. Call us to find out: 518 253 7533
BUILDING BRIDGES IS A JOINT EFFORT OF PRISON ACTION NETWORK AND THE JUSTICE COMMITTEE AT FUUSA
PLEASE SEND YOUR ANNOUNCEMENTS FOR PUBLICATION TO PRISONACTIONNETWORK@GMAIL.COM
OUR PHONE # IS 518 253 7533
Membership dues are $12/yr. Please send check made out to PAN, at PO Box 6355, Albany NY 12206
11. THE QUESTIONNAIRE:
Citizens Against Recidivism, Inc.
We at Citizens Against Recidivism, Inc. feel that we must find more ways to consult with people in prison on the issues that affect them. We firmly believe that we cannot represent their issues if we do not consult with them. We want your help in reaching as many people in prison as possible. We have developed a brief survey that will help us when we speak about this issue. Please ask those you know who are in prison to complete the questionnaire and return it to Citizens Against Recidivism, Inc. Box 9 – Lincolnton Station, New York, New York, 10037. We will report and share our findings with all.
Which of the following do you believe will result in your earliest release from prison?
(Circle only one response)
Win on appeal
Clemency or pardon
Release at first board
Release at later board
Release before conditional release (C.R.) date
Conditional release
I have a determinate sentence and will do 85% of my sentence
I am going to max out
In your effort to get released, how important do you believe doing the following things are?
Please rate your response: 1 Very unimportant; 2 Unimportant; 3 Important; or 4 Very important
Working on an appeal [ ]
Seeing a psychologist [ ]
Taking part in an Alcohol Substance or Abuse Treatment Program (ASAT) [ ]
Taking part in an Alternative to Violence Program (AVP) [ ]
Taking part in Alcohol Anonymous (AA) [ ]
Getting a high school equivalence diploma (GED) [ ]
Getting a college degree [ ]
Learning a vocational skill [ ]
Maintaining a good assignment record [ ]
Maintaining a good disciplinary record [ ]
Getting important people to help you [ ]
Transitional Services Program [ ]
Taking part in a Network/Therapeutic Community [ ]
Circle the item below which you think is the most important. (choose only one response)
Working on an appeal
Seeing a psychologist
Taking part in an Alcohol Substance or Abuse Treatment Program (ASAT)
Taking part in an Alternative to Violence Program (AVP)
Taking part in Alcohol Anonymous (AA)
Getting a high school equivalence diploma (GED)
Getting a college degree
Learning a vocational skill
Maintaining a good assignment record
Maintaining a good disciplinary record
Getting important people to help you
Transitional Services Program
Taking part in a Network/Therapeutic Community
How much time do you spend engaged in the following activities because you think it might expedite your release.
Please rate your response: 1 None 2 Little 3 Some 4 A lot
Working on an appeal [ ]
Seeing a psychologist [ ]
Taking part in an Alcohol Substance or Abuse Treatment Program (ASAT) [ ]
Taking part in an Alternative to Violence Program (AVP) [ ]
Taking part in Alcohol Anonymous (AA) [ ]
Getting a high school equivalence diploma (GED) [ ]
Getting a college degree [ ]
Learning a vocational skill [ ]
Maintaining a good assignment record [ ]
Maintaining a good disciplinary record [ ]
Getting important people to help you [ ]
Transitional Services Program [ ]
Taking part in a Network/Therapeutic Community [ ]
How close do the statements listed below come to expressing your personal reasons for involvement in these activities?
Please rate your response: 1 Very untrue 2 Somewhat untrue 3 Somewhat true 4 Very true
Will provide me with the skills I need to stay out of prison [ ]
Help me to keep busy and not think about when I am going home [ ]
Allow me to maintain come personal control over my situation [ ]
Are things I do to impress the parole board [ ]
These activities will help me to improve myself [ ]
Some people have suggested experimenting with contracts between prisoners and the parole board. At the beginning of a sentence, the prisoner would negotiate the things he needs to do to ensure his release after a specific period of time or possibly accelerate the release date. Some states (like New York) use determinate or flat sentencing for certain offenders. In those situations, the judge sentences the prisoner to a specific period of time without the possibility of parole. His release date is fixed.
Do you prefer to (circle one answer only)
Leave things as they presently are
Be able to negotiate a contract
Have a determinate or flat sentence
Don't care one way or another
Please indicate how closely the following statements describe the reason why you chose the above option.
Please rate your response: 1. Not close at all 2 Not very close 3 Somewhat close or 4 Very close
It would lessen the stress and anxiety of not knowing when I might be released [ ]
It would provide the personal control I need to obtain the earliest possible release [ ]
It would eliminate the games I must play to gain a favorable decision from the parole board [ ]
Tell us just a little about yourself:
Age ___________
How much time have you spent in prison on the present sentence ____________
How many more years do you have to do before seeing your next parole board ____________
If you have been in prison before, how much time have you spent in prison on this and other sentences? _________
Race: [ ] Black [ ] white [ ] Latino [ ] other_____________
Please return survey to: Citizens Against Recidivism, Inc. Box 9 – Lincolnton Station, New York, New York, 10037
Monday, June 29, 2009
Saturday, May 30, 2009
JUNE 2009
To go directly to the June edition of Building Bridges, please scroll down below these late-breaking announcements.
The Safe and Fair Evaluation (S.A.F.E.) Parole Act Bill # S 5374 / A 7939
THE PURPOSE OF PAROLE BOARD HEARINGS IS EVALUATING READINESS, NOT PUNISHMENT
The SAFE Parole Act calls for:
Face-to face videotaped parole hearings
In-person interviews
Increase the parole applicant’s trust in the process and in the goal of reintegration
Create an environment in which the parole board can more fully and fairly evaluate applicants
Videotaping interviews ensures that the final record is accurate and detailed
Allows for a more effective review of the hearing
Holds everyone accountable for their conduct
Cost of videotaping hearings is offset by saving the cost of stenographers and the cost of transcripts
No secrets: parole applicant sees everything in the folder that the parole board sees
Results in greater transparency, fairness and trust in the parole process
The applicant can address errors or other information
Ensures a more accurate portrayal of the applicant on which the parole board can base its decision
Release decisions based on rehabilitation and preparedness for reentry and reintegration into society
The parole board is given specific, workable criteria by which to determine the probability that the applicant, if released, will live and remain at liberty without violating the law.
The NYS Transitional Accountability Plan (TAP) provides a meaningful process by which the Parole Board can make decisions regarding rehabilitation and release to parole supervision.
Clear and complete instructions spelling out what the person must do to be released
Alleviates the frustration and confusion experienced by parole applicants when they are not told what they can do in order to be released to parole supervision
This change holds everyone accountable—the applicant, the Department of Correctional Services & Community Supervision and the Parole Board.
Visit www.ParoleReform.org
to send letters to your legislators and record your personal experiences
POSTED JUNE 8 from various sources:
A DAY TO REMEMBER IN ALBANY: ANDREA EVANS'S PAROLE APPOINTMENT IS APPROVED BY SENATE. MINUTES LATER A REPUBLICAN COUP TAKES OVER THE SENATE; MALCOLM SMITH MAKES STATEMENT.
Monday,June 8
3:30pm. Angela Evans was just confirmed by the NYS Senate as Chairwoman of the Parole Board, and CEO of the Division of Parole. Prison Action Network congratulates her, and looks forward to working with her to make NYS a leader in progressive evidence-based parole practices.
4:02 PM Senate changes hands.
Legislative Gazette staff writers and The Associated Press
Sens. Hiram Monserrate and Pedro Espada Jr. have reportedly decided to caucus with the Republican Conference, giving control of the Senate chamber back to the GOP with just 8 days left in session.
The decision by the two New York City Democrats gives Republicans a 32-30 edge in the chamber.
Republicans named Espada temporary president of the Senate and Dean Skelos of Nassau County vice president and majority leader. Skelos is the former majority leader.
5:25 PM Statement by Malcolm Smith
“This was an illegal and unlawful attempt to gain control of the Senate and reverse the will of the people who voted for a Democratic Majority. Nothing has changed, Senator Malcolm A. Smith remains the duly elected Temporary President and Majority Leader. The real Senate Majority is anxious to get back to governing, and will take immediate steps to get us back to work.”
THE NEWS IS COMING IN SO FAST, THAT WE SUGGEST YOU CHECK the Legislative Gazette FREQUENTLY FOR UPDATES IN THE COMING HOURS AND DAYS.
BUILDING BRIDGES JUNE 2008
Dear Reader, Be well, have hope, and please, spread the word.
In this Issue
1. A list of ways you can help create positive change
2. Citizens Against Recidivism reports on "Considering the Evidence on Long term Sentences"
3. Coalition for Fair Criminal Justice Policies Update
4. ICARE Reports
5. Legislation Report
6. Lifers and Longtermers Clearinghouse update on community linkages
7. Parole news and statistics
8. Prison Media: Fancy Broccoli, Soul Spectrum, and Still Here Harlem
9. SHU Bill Hearing held in March to discuss delay in implementation
10. Temporary Work Release: part 2 of "Wilderness or Promised Land"
11. Transportation to Prison
1. WHAT CAN YOU DO? HERE’S A LIST OF THINGS:
ALBANY
Thursday, June 11, 5:30 — 8:00 PM Community Forum: Stop the Violence.
HEAR! About Albany SNUG / Chicago CeaseFire
SHARE! Your ideas and concerns
TELL! What’s up with your efforts
Bring it all together to Stop the Violence! You are the Answer!
Pizza and soft drinks will be served. Albany Housing Authority, 200 South Pearl Street, Parking in Rear
The Community Coalition to Prevent Violence is working with community stakeholders, the University at Albany, and Chicago CeaseFire to implement Operation SNUG, an anti-violence program initiated by Senate Majority Leader Malcolm Smith. Exhibit tables will include information about job training and employment opportunities (call to reserve a table) . For more information: Call: (518) 442-5745 or Email.
BUFFALO:
Monday, June 22, 6:30pm - 8:30pm Prisoners Are People Too will meet at the Pratt-Willert Community Center, 422 Pratt Street in Buffalo. This meeting will consider the ongoing plight of George BaBa Eng, imprisoned for murder in 1977, sentenced to a term of 25 years-to-life, and denied parole four times. Described as a mentor, teacher, brother, friend and “jailhouse lawyer,” by many, he continues to be held due to “the nature of the crime.” As a reformed offender with an excellent disciplinary record, why does the Parole Board not deem him worthy of a “second chance?” Why, after one Parole Commissioner said, “Mr. Eng, you have gone above and beyond my expectations,” is George BaBa Eng still being held?
“Friends of BaBa Eng” will share their thoughts at this meeting and urge others to lend their support to this “prisoner of conscience” who will face his fifth Parole Board hearing in October of this year.
PRP2 programs are sponsored by The Circle of Supporters for Reformed Offenders and Friends of BaBa Eng . For further information, contact Karima Amin: 716-834-8438; karima@prisonersarepeopletoo.org.
NEW YORK CITY:
Saturday June 6, 10:30am - 1pm Coalition For Fair Criminal Justice Policies-NYC Chapter Meeting
On June 6 all interested people are invited to join us as we discuss the actions we’ve taken and make plans for the future. We are hoping to have as our guest Andrea D. Evans, nominee for Chairman of Parole and CEO of the Division of Parole. Please spread the word so we can show her our numbers. RSVP to PAN: 518 253 7533.
Location: Fortune Society’s Academy aka Castle, 630 Riverside Drive at W.140th St. 137th St. stop on the #1 train.
STATEN ISLAND
Tuesday June 8 at 7pm Circle of Love Prison Support Group
Serving those, and the families of those, who have been impacted by incarceration and the circumstances surrounding it.
Meetings every second Tuesday of the month, providing a role model that will help steer formerly incarcerated men and women through this turbulent time of transition
Central Family Life Center, 59 Wright Street - between VanDuzer and Water Sts - in Stapleton, Staten Island
For information: Antoinnette Donegan 646 932 3295, email:
TROY, AMSTERDAM, ALBANY, BUFFALO, LA FAYETTE, NEWBURGH, ROCHESTER, UTICA
Youth Construction Initiative Program (YCIP)
An on-the-job training experience for non-college bound students, designed to afford 11th and 12th graders, especially minorities, females and the economically disadvantaged, an opportunity to explore careers in heavy highway construction. Free, with monthly stipends. Contact YCIP program director Ladan Alomar at 518 842 3762, or 518 944 3620 to find out more.
2. CITIZENS AGAINST RECIDIVISM REPORTS ON MAY 5TH PANEL DISCUSSION, “CONSIDERING THE EVIDENCE ON LONG TERM SENTENCES”. PANELISTS SAY, “PAROLE DECISIONS OFTEN FLY IN THE FACE OF EVIDENCE SUGGESTING THAT THE CLASS LEAST LIKELY TO BE RELEASED IS MADE UP OF THOSE (DESCRIBED AS MODEL PRISONERS) WHO ARE LEAST LIKELY TO RECIDIVATE”
The panel included participatory researchers, policy reformers and criminal justice advocates assembled at CUNY’s Graduate Center to review evidence relating to people in prison with long term sentences, particularly those who had committed violent offenses. The group was assembled to discuss current policies toward this class of incarcerated people and to suggest the implementation of various policies regarding them and others among the incarcerated population [whose release] is thought to better serve the public interest and increase public safety. The discussion was lead by Dr. Michelle Fine, a Distinguished Professor at the CUNY Graduate Center. Panelists included Kathy Boudin, Eric Waters (Osbourne Association), Mika’il DeVeaux (Citizens Against Recidivism, Inc.), Carla Marquez (Ph.D. candidate at the Graduate Center) and Felipe Vargas (The Doe Fund).
The evening began with a recount of the “irrationality and fiscal and moral costs of bulging (US) prisons,” including the consequences of current incarceration policies in the American society (1 out of 100 adults incarcerated), particularly the impact these policies have had on communities of color (1 out of 9 African American men are incarcerated), and on the millions of children who have a parent in prison, on parole or probation.
Although 95% of those who are in prison are eventually released (most on parole supervision), many have endured increasingly longer sentences in part because of de facto resentencing by parole commissioners. Parole decisions often fly in the face of evidence suggesting that the class least likely to be released is made up of those described as model prisoners who are least likely to recidivate.
Between 1985 and 2002, 1,105 people were released after serving a sentence for murder. Only 3% (33 people) convicted of murder returned for a new commitment and 17% (189 individuals) returned for a parole violation. Their overall return rate was half of that for all DOCS releases.
Panelists provided the audience with detailed information regarding New York State Law [Executive Law 259-i(2)(c)(A) ] governing parole release and the guidelines for granting parole but also noted that the criteria were not equally weighted because many were repeatedly denied parole solely because of the nature of the crime.
It was pointed out that more emphasis needed to be placed on how people are “treated” while incarcerated and the “condition” they would be in when they were released. If public safety is the primary goal of our criminal justice system, then strategies to return people to the community in conditions better than they were when they entered prison should be in use.
Panelists reviewed the functions of the prison system (rehabilitation, punishment, deterrence, and incapacitation), several sentencing structures (determinate, indeterminate, and mandatory minimums) and the impact and benefits of each as a preface to introducing the mission of the New York State Division of Parole: To promote public safety by preparing inmates for release and supervising parolees to the successful completion of their sentence.
Calling for an emphasis on treatment and an effort to prepare people in prison for release, panelists argued for a shift from current parole policies to one that truly linked preparation/programming (e.g., college and meaningful vocational training) to accelerated release; a commitment from the Departments of Corrections and Parole to provide programming that aided development and or facilitated release of people in conditions better than the ones in which they entered prison; and that the focus in this regard begin as soon as people entered prison rather than mere months before parole eligibility.
There was a call for providing contracts between people in prison and paroling authorities that would outline performance measures needed to become eligible for parole release including skill training, education, institutional behavior, substance abuse treatment, work or job assignment, etc. The contract would define a definite release date contingent upon successful completion of the terms of the agreement in keeping with the idea of 'a reasonable expectation’ of being released to parole supervision, assuming participation in rehabilitation programs and the maintenance of a good disciplinary record
To enhance public safety while “supervising parolees to the successful completion of their sentence” panelists argued for:
· A policy shift that focused on case management/case planning;
· Clarification of the criteria for success and milestones along the way;
· Tailored conditions of parole (conditions relative to risk);
· Gradual lifting of sanctions for people on parole who meet agreed upon goals and conditions of parole;
· Shifting of the focus to those who presented the greatest risk of violating the terms of their parole;
· Involvement of the people on parole in the case planning process;
· Involvement of the family, community members, or other informal social networks in case planning and supervision;
· Incentives for goal completion;
· Make consequence of violations of conditions clear;
· Implement earned discharge, i.e. opportunity for early discharge from parole for meeting and maintaining conditions of parole, program participation and or goals set.
Panelists talked about the “paradox of post-prison life” where many who return from prison feel “invisible” and separate from the larger society, while being expected to overcome the many barriers to reintegration they face the social stigma of having a history of criminality.
3. COALITION FOR FAIR CRIMINAL JUSTICE POLICIES GENERAL MEETING ON JUNE 6 TO DISCUSS CANCELLATION OF REINSTATEMENT CAMPAIGN AND WHERE TO GO FROM HERE REGARDING THE PROGRESS OF OUR MONTHLY MEETINGS. POLICY COMMITTEE MET WITH LEGISLATORS, WILL HOLD ALL DAY MEETING ON JUNE 20 TO WORK ON PAROLE LEGISLATION GOAL.
General Meeting Report:
We did not meet in May. Our next meeting on June 6 is announced above, in Article 1. We hope to be joined by Andrea Evans, Governor Paterson’s nominee for the top position in the Division of Parole.
Policy Committee Report:
On May 14 two members of the Policy Committee met with Sandy Stewart and Juan Martinez from Senator Montgomery’s office to present them with statistics showing that approximately $81 million to $250 million per year can be saved by the passage of a Merit Time bill that includes all violent felons excluding certain categories. The broad range is the result of different estimates of the annual maintenance cost per incarcerated person and the average reduction in time served.
On June 20 we will meet in Albany for an all day work retreat to continue the task of developing a narrative description of our policy goal for Parole Reform. We hope to have the document completed by September 2009. In preparation for our meeting we are reading a publication of the National Institute of Corrections, called Comprehensive Framework for Paroling Authorities in an Era of Evidence-Based Practices. If you’re interested it’s available at http://nicic.gov/Library/022906.
4. ICARE REPORTS
As ICARE has engaged in organizational development over the last several weeks - having submitted a lengthy financial review as well as beginning preparations for a day-long annual meeting in mid-June, members of the board are focused on the tasks at hand (policy advocacy, correspondence and reentry ministry, and information dissemination) and the challenges posed by the current economy. We are continuing to plan strategically with the resources at hand and remain committed to pushing a progressive policy agenda in Albany, specifically on barriers related to employment and criminal records.
- Rima Vesely-Flad
5. LEGISLATION: THERE WAS AN ERROR IN MAY’S REPORT ON A7564 AND PENAL LAW 803-B; MERIT TIME BILL UPDATE; BILL TO DELETE CRIMINAL HISTORY FROM DOCS WEBSITE [Copies of all bills mentioned are available at http://public.leginfo.state.ny.us/menuf.cgi]
Corrections:
1. A7564: Merit time for Non-Violent Inmates[sic]
We mistakenly added an extra zero to the number of keeplock days it takes to disqualify a person. It should have read 60 days, not 600 days! That’s a big difference, and we’re sorry if we mislead you.
2. Penal Law 803-B Six Month Credit Time Allowance:
I thought the denial of the 6 month credit to those who had had any good behavior time credit withheld applied to both indeterminate and determinate sentences, but there are those who think it applies only to those with a determinate sentence. When I went back to read the law, it is so long and so complicated that I must excuse myself from reporting on it. I simply don't understand what it is saying. Remember, I'm not a lawyer and neither is anyone else on our staff. If any reader is competant to resolve this question, it would be appreciated.
The following bills have sponsorship in both houses of the legislature and are in committee awaiting a decision whether to move them to a vote.
Merit Time Bills S49/A172 and S2932/A6487 Update:
We are still waiting to see if either of these bills will be moved out of committee and/or revised beforehand. S2932 will be on the committee’s agenda for June 1.
S4406-B Hassell-Thompson/ A 3131-b Bradley (Ms) Deleting Criminal History from DOCS Website
Correction Law
TITLE....Provides the criminal information of certain persons may only be posted on the department of corrections' website for a period not to exceed five years after his or her release
STATUS (included so you can see the process and the amount of time it’s taken):
04/22/09 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
05/07/09 AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION
05/07/09 PRINT NUMBER 4406A
05/18/09 1ST REPORT CAL.349
05/19/09 2ND REPORT CAL.
05/20/09 AMENDED 4406B
05/20/09 ADVANCED TO THIRD READING
SUMMARY OF PROVISIONS:
Section one amends the correction law by adding a new section 9 which provides that any information relating to the conviction of a person may be posted on the department's website for a period not to exceed five years after the expiration of such person's sentence of imprisonment and any period of parole or post-release supervision. However, in the case of a person who has been committed to the department on more than one occasion, the department may post conviction information relating to any prior commitment on such website for a period not to exceed five years after the expiration of such person's sentence of imprisonment and any period of parole or post-release supervision arising from the most recent commitment to the department.
The foregoing provisions do not apply to any person who is convicted of an offense that would make the person ineligible for merit time under section 803 of the correction law (violent offenders) or to persons required to register as a sex offender.
6. LIFERS AND LONGTERMERS CLEARINGHOUSE: HOPE LIVES FOR LIFERS PROJECT IS IN THE PROCESS OF IDENTIFYING LIFER ORGANIZATIONS IN THOSE FACILITIES CLOSE TO THE NEW YORK CITY AREA WHERE WE ARE BASED SO THAT WE CAN VISIT AND ENGAGE IN DISCUSSIONS TO DETERMINE WHAT THE PROMINENT NEEDS ARE
My primary mission upon release from prison was to develop community linkages that would 1) sponsor approved prison organizations, and 2) work collaboratively with prison organizations to jointly develop programs and services that reverse criminal behavior and improve opportunities for release.
Developing community linkages is a complex task and I have probably given those I left behind the impression that I have made more progress than I actually have. And so I need to clarify some things, especially in regard to the Hope Lives for Lifers project.
Hope Lives for Lifers is a project of the Doing Justice Coalition. The Doing Justice Coalition is a collaborative partnership between faith communities and criminal justice practitioners to improve criminal justice outcomes by integrating the concepts of faith, hope and enduring beliefs with evidence based practices and non-traditional approaches to social justice.
The Doing Justice Coalition created a number of subcommittees designed to address specific criminal justice issues. One such committee was the Lifers and Long-Termers subcommittee. That subcommittee developed the Hope Lives for Lifers as a project designed to address the specific needs of those serving life, long-term and life without parole sentences.
Members of the Hope Lives for Lifers project are drawn from a broad cross-section of faith communities, criminal justice involvements and social justice activities. Although we are committed to providing a collaborative linkage with approved long-termer organizations, we are still in the formative stages of development. We are in the process of identifying lifer organizations in those facilities close to the New York City area where we are based so that we can visit and engage in discussions to determine what the prominent needs are.
Once we have gathered enough information to state just what needs we plan to address, we will meet with central office to gain approval of our programs. While we are in the process of making these moves, please stay in touch and continue to inform us of your involvements.
-- Larry White
7. PAROLE NEWS: ANDREA D. EVANS IS NOMINATED FOR HEAD OF PAROLE; PART 6 OF PAROLE HANDBOOK; ADDITION TO PAROLE WEBSITE PROVIDES PAROLE SUPERVISION STATUS OF INDIVIDUALS ON PAROLE; APRIL AND MAY PAROLE STATISTICS
.
On Friday May 22 at 6:30pm Governor David A. Paterson announced the nomination of Andrea D. Evans as Chair of the State Board of Parole and Chief Executive Officer of the Division.
According to the Governor's website, "Ms. Evans is the current Director of the Division of Parole for Region II, an area encompassing Brooklyn, Queens and Staten Island. In this position, she oversees the operation of four Area Offices, including one located in the Queensboro Correctional Facility. Prior to this role, Ms. Evans served as Deputy Regional Director for Region I, where she managed the operation of five field offices in Bronx County.
From 2000 to 2006, Ms. Evans served as Special Assistant to the Downstate Director of Operations. From 1997-2000, she worked as an Investigator in the Division of Parole’s Office for Professional Responsibility, where she conducted investigations into allegations of professional misconduct. From 1994 to 1997, Ms. Evans was a Senior Parole Officer and served as Acting Supervisor in the Bronx Area Office. Additionally, she worked as a Parole Revocation Officer from 1990 to 1994. Ms. Evans began her career with the Division in 1986 as a Parole Officer.
Prior to joining the State Division of Parole, Ms. Evans worked for the Central Brooklyn Coordinating Council from 1979 to 1986, a community-based family services and support organization dedicated to foster care prevention.
Ms. Evans holds a B.A. in Psychology from the City College of New York.
This position requires Senate confirmation."
PART 6 ON PAROLE AND PAROLE BOARD ACTIVITIES IN STATE CORRECTIONAL FACILITIES
[available online at http://parole.state.ny.us/Handbook.pdf ]
What does parole and parole eligibility mean?
Parole is release granted by the Board of Parole as a matter of discretion after you have served a portion of your sentence. Parole eligibility occurs when you have served the minimum period of imprisonment, as established by statute. However, if you successfully complete a Shock Incarceration Program and are granted a Certificate of Earned Eligibility by the Department of Correctional Services, you may become eligible for parole before you complete your minimum period of imprisonment. You may also become eligible for parole before reaching your minimum term by earning Merit Time. Inmates with Final Orders of Deportation in place may be considered for release, for deportation only, prior to completion of their minimum sentences. Finally, certain terminally ill inmates may be eligible for Parole Board review before serving a minimum term.
Do I have to submit an application for parole release?
No. Once you reach an applicable eligibility date, you will be automatically scheduled for Parole Board release consideration.
How do I become “ready” for parole?
Parole “readiness” includes several factors. It is important that you demonstrate good prison behavior throughout your period of incarceration. Becoming involved in prison programming offers you an opportunity to improve your education and acquire new skills.
For example, there are programs provided by DOCS which include substance abuse counseling, as well as education and self-help groups. Such programs may help you learn how to cope with drug and alcohol problems upon your release. There are many opportunities in prison for you to learn more about yourself and to make important strides in self-improvement.
Correction Counselors and facility Parole Officers can advise you about becoming “release ready” and using your time in prison to your best advantage.
PAROLEE INFORMATION IS NOW AVAILABLE ON PAROLE WEBSITE [www.parole.state.ny.us]
Public can access the parole supervision status of individuals
Henry Lemons, interim chairman of the New York State Division of Parole, announced the launch of a new “parolee lookup” feature on the Division’s website, www.parole.state.ny.us. The public can now access real-time information on the parole status of those currently under supervision as well as those who have completed their supervision.
“Victims, members of law enforcement, state and federal criminal justice agencies and family members routinely have questions about the status of an individual’s parole supervision,” Lemons said. “By creating this valuable online tool, people can have access to this important information 24 hours a day.”
After entering specific information about a person under parole supervision such as a name or identification number, the public will be able to search for details about that individual’s parole status. Data that is available includes the county where the crime was committed, crime of conviction, the date parole supervision began, the status of parole supervision, the address of the parole office that an individual reports to as well as the name and contact telephone number for the parole officer overseeing the case.
The addition of the look-up feature on the website is part of the Division’s goal to make its work more transparent and readily available to the public. It follows the 2008 online addition of the Parole Board interview schedule that allows users to look back at Parole Board determinations over a two year period, and locate the parole interview dates of persons that are scheduled to come before the Board in the next four months.
APRIL 2009 PAROLE BOARD RELEASES – A1 VIOLENT FELONS – unofficial research from parole database
Total Interviews # Released # Denied Rate of Release
16 initials 2 14 13%
70 reappearances 22 48 31%
86 total interviews 24 62 28%
April Initial Releases
Facility Sentence Offense # of Board
Eastern 15-Life Conspiracy 1 initial
Wende 25-Life Murder 2 initial
April Reappearances
Facility Sentence Offense Eligibility Date # of Board
Arthurkill 15-Life Murder 2 9/5/93 9th board
Arthurkill 25-Life Murder 2 7/29/07 2nd board
Bare Hill 15-Life Murder 2 9/11/03 4th board
Cape Vincent 25-Life Murder 2 10/22/05 3rd board
Fishkill 15-Life Murder 2 8/25/05 3rd board
Fishkill 16-Life Murder 2 8/21/05 3rd board
Fishkill 25-Life Murder 2 8/23/03 4th board
Fishkill 25-Life Murder 2 3/23/01 5th board
Fishkill 25-Life Murder 2 6/12/02 4th board
Franklin 15-Life Att Murder 1 7/21/06 3rd board
Franklin 15-Life Murder 2 8/3/99 6th board
Gowanda 20-Life Murder 2 9/7/07 2nd board
Great Meadow 25-Life Murder 2 10/20/05 spec cons + 3 boards
Groveland 25-Life Murder pre-74 8/17/97 7th board
Oneida 15-Life Murder 2 8/25/93 9th board
Shawangunk 16 1/2- Life Murder 2 8/19/95 8th board
Wallkill 15-Life Murder 2 2/27/01 5th board
Woodbourne 15-Life Murder 2 8/30/97 7th board
Woodbourne 15-Life Murder 2 8/26/05 3rd board
Woodbourne 17 1/2-Life Murder 2 8/15/03 4th board
Washington 20-Life Murder pre-74 8/26/90 11th board?
Woodbourne 25-Life Murder 2 8/5/07 2nd board
[It appears that May releases were very low. Not one single person with an A1 violent felony conviction got out on his (no females) first board this month, and only 10 A1VFs got out on reappearances.]
MAY RELEASES BASED ON REPORTS FROM PRISON. (Please note that the following statistics are not all limited to people convicted of A1 Violent felonies - some include all parole hearings):
MID-ORANGE
May - Hernandez, Smith, Thompson
25 appearances
5 were paroled (2 were A1VO; 1 of whom was de novo)
20 denials
No postponements
All denials were for 2 years
SULLIVAN ANNEX
May - Clarke and ?
2 appearances (both violent)
0 were paroled: 1 was second board, the other was 4th board
Both got 2 year holds
WOODBOURNE
May - Clarke and Hagler
12 Appearances: 1 granted parole; 9 denied; 2 postponed
A1VO: 6 seen, 0 granted, 5 denied, 1 postponed
GRAZIANO VS PATAKI: No new developments in May.
8. PRISON MEDIA: RADIO: FANCY BROCCOLI, WITH KATHY AND ERNEST HENRY; SOUL!, WITH LIBERTY GREEN, ARTICLE IN NY TIMES: JOSEPH ‘JAZZ” HAYDEN’S STILL HERE HARLEM PRODUCTIONS
FANCY BROCCOLI RADIO SHOW, WVKR 91.3 FM - Sundays - Jazz & Prison Talk, 3:00-6:00 pm
Box 726, Vassar College, Poughkeepsie NY 12604-0726
June Schedule (subject to change)
Sunday, Jun 7 - Sean Pica and Ernest Henry (Formerly Incarcerated Husbands) Discuss Committed Relationships 'During and After' Prison - You Come Home... 'then what!?' We need your input (see address below)
Sunday, Jun 21 - Tom and Laura Lagana - Publishers of 'Chicken Soup for a Prisoner's Soul,' and New Book: 'Serving Productive Time'
SOUL SPECTRUM, WJFF Radio Catskill 90.5FM [www.wjffradio.org]
PO Box 546, Jeffersonville, NY 12748 Voice Box Call-in Comment Line: 845 431 6500
Every week on Thursday at 11pm, Liberty Green brings to the airwaves a stack of soul records and a whole lot more including "Silly Love Songs" and letters, some of which come from the many incarcerated men and women living in prisons in range of the station’s signal.
A NEWSROOM TO COVER THE DISENFRANCHISED VOICES IN HARLEM
From the NY Times, 5/18, NY Region section, by Jason Grant [
Excerpts:[Read the entire article here.]
Mr. [Joseph ‘Jazz’] Hayden, 68, calls himself a news junkie, but adds that what he sees or, more to the point, does not see on the news can be infuriating.
“There’s not enough air time for low-income communities and our issues and ideas,” he said as he leaned back into his newsroom’s couch, a small jade Buddha and gold chain hanging from his neck. “All they talk about is the middle class. They never look down. No one talks to us. They never ask my opinion.” During last year’s presidential campaign, he said, he “stayed virtually in a state of rage because the mainstream media. They talked with such arrogance and such certitude about what the American people felt.”
Determined to change that, at least on a local level, he and two other men last year invested $40,000 to start a news organization, Still Here Harlem Productions, that would, in the words of its mission statement, “cover every aspect of the community life of the marginalized and voiceless in Harlem,” which stretches, as Mr. Hayden is fond of saying, “from West 110th Street to Washington Heights, and river to river.”
Still Here’s half-hour videos began appearing on the Manhattan Neighborhood Network cable channel in September, and in February Mr. Hayden started a Web site, All Things Harlem, which posts video news reports and recordings of Harlem political, social and cultural events.
Mr. Hayden was born in Harlem, and though his current life revolves around television and the Internet, his earlier decades read like chapters in a crime novel. The son of a housecleaner who raised the family by herself, he was first locked up at 16, for heroin possession. He landed in Attica on another conviction (which he said was later overturned), for the attempted murder of a police officer, and he left right before inmates seized the prison. By the time he was in his 30s, he was running nightclubs and had become an associate of Nicky Barnes, the leader of one of the city’s largest heroin rings.
“To me, crime is a response,” Mr. Hayden said. “You play the hand you’re dealt in life. And the hand I was dealt was very harsh.”
Back in his newsroom, the huge television was still on and Mr. Hayden’s hands swept the air as he discussed how his vision was unfolding. “Everybody in the world knows about Harlem,” he said. “So I figured if I could limit my coverage, if I could just cover this community effectively, then I could build a model here.”
9. SHU BILL UPDATE: "THE DEPARTMENT OF CORRECTIONS AND OFFICE OF MENTAL HEALTH’S POSTURE THAT THEY NEED TO SPEND FIVE MORE YEARS AFTER THE OPENING OF MARCY CORRECTIONAL FACILITY TO STUDY ITS OPERATION IS PUZZLING.”
New York State Senator Ruth Hassell-Thompson, Chairwoman of the Standing Committee on Crime Victims, Crime and Correction and her Senate colleagues conducted a public hearing on March 17, 2009 to discuss the Governor’s proposal to delay the implementation of the Special Housing Unit (SHU) Exclusion Bill until 2014.
After over a decade of litigation, the SHU Exclusion Bill was signed into Law as Chapter 1 of 2008. As a result of the SHU Exclusion Bill and the DAI (Disability Advocates, Inc.) Court Approved Settlement, inmates diagnosed with serious mental illnesses would be moved from solitary confinement into residential mental health units (RMHU) under the auspices of the Department of Corrections (DOCS) and Office of Mental Health (OMH). The first of these facilities is to open at Marcy Correctional Facility in September 2009. However, due to New York State’s fiscal crisis, the Governor recommended in his Executive Budget Proposal for 2009-2010 to delay any further expansion.
The hearing focused on the SHU Exclusion Bill and the DAI Settlement and what the potential impact of delaying the implementation will mean to the seriously mentally ill.
"The motivating factor for pursuing the public hearing was to allow the public and persons with expertise relating to this issue the opportunity to weigh in on the proposed delay," said Senator Ruth Hassell-Thompson. "We also heard from officials representing DOCS and OMH, and I am not convinced that this delay is appropriate and will have the least injurious impact on this population."
The participants included The Honorable Sol Wachtler, Retired Chief Judge of the New York Court of Appeals and Professor of Law at Touro Law School; Brian Fischer, Commissioner of the NYS Department of Correctional Services; Richard Miraglia, Deputy Commissioner of the NYS Office of Mental Health; Robert Corliss, Director of Forensic Services for the Mental Health Association of NY, Inc.; Pauline Magnetti of the National Alliance of Mental Illness (NAMI); Nina Loewenstein, Staff Attorney, Disability Advocates, Inc.; Betsy Sterling, Director of Special Litigation and Projects, Prisoners’ Legal Services of New York; and Sarah Kerr, Staff Attorney, Prisoners’ Rights Project Legal Aid Society.
According to Senator Ruth Hassell-Thompson, "The Department of Corrections and Office of Mental Health’s posture that they need to spend five more years after the opening of Marcy Correctional Facility to study its operation is puzzling. They have already had fifteen years to analyze an appropriate mental health treatment and further, they failed to explain what more they expect to learn from Marcy."
10. TEMPORARY WORK RELEASE: PART 2 OF "PRISON RELEASE: WILDERNESS OR PROMISED LAND?", BY AARON TALLEY AND DON MASON (part one was published in the February 2007 issue of Building Bridges)
Part One started out:
A man is released from prison after serving 25 years. He was denied the opportunity to transition back into the reality of the work world; our high-tech society was confusing to him, and he did not have the resources to make a successful transition back into society because there was no temporary release program (education or work release). Within six months he was back in prison. Freedom to him had been the Wilderness not the Promised Land.
Another man came out of prison after serving 25 years. For him freedom was the Promised Land because he made a successful transition and was immediately contributing to society and his family again. He had worked the last two years of his sentence out in society, going back to a facility each evening of the week and had his weekends at home after six months of successful work release. He had saved enough money to help his family move out of public housing and had enough to pay off his family’s debts which they had accrued during his long incarceration. And he gained his self-respect and that of his family back.
It is three years later and we still don’t have work release for violent offenders.
Prior to the Wall Street melt-down, government bail out of many banks and the auto industry, unemployment and mortgage foreclosures at rates not seen since the Great Depression, New York State had more dollars allocated each year in their budget for DOCS ($2.7 billion) than they did for SUNY. The unfortunate fact is that's still true today.
In a 2007 DOCS report published under Commissioner Brian Fischer's name, "Temporary Release Program", statistics are presented that show the steady decline of participation in the TRP from 1995 when then Gov. Pataki gutted the program by eliminating violent offenders from participating, to 2007 when the study was conducted. From the DOC's own statistics, participation in 1995 was 17,953 and gradually decreased to 2,498 in 2007. The report goes on to state that "Despite the decrease in participation of temporary release, inmates, specifically work release and day reporting inmates, have earned $132,923,229.64, paid $36,425,650.05 in federal, state and local taxes, and saved $40,716,993.54 since 1995".
This begs the question, how much money would have been saved if program participation had not been limited? Well, according to the article "Work Release Could Provide Budget Relief", by Alan Rosenthal and Patricia Warth, the state would have had tax revenues of $7 million from the participants if the 1994 level was still in effect. With a $15 billion projected budget short-fall in this year, and the cutting of $385 million for human services it sure seems the 1994 level of participation should be re-instated.
The Governmental Education Organization at Mid-Orange suggests that despite the program’s success in part years, even more stringent qualification criteria be set up to allay the public’s concerns for safety. Please join us in writing your state representatives to encourage them to look at reforming and expanding work release, not just for the savings, but also so prisoners can reach the Promised Land.
11. TRANSPORTATION: CAPITAL DISTRICT
NEST Prison Shuttle schedule: Mt. McGregor, Washington, and Great Meadow CFs on Sat, Jun 6 ($35 adults, $25 children), Coxsackie, Greene, and Hudson on Sat, Jun 13 ($20 adults, $15 children) from Oakwood Ave Presbyt. Church parking lot, Troy at 7 AM, then to Albany Greyhound bus station at 7:15. Sullivan trip (Ulster, Eastern, Woodbourne, Sullivan) on Jun 27 leaving at 6:30 AM ($45 adults, $30 children). Reservations: Linda O'Malley 518- 273-5199.
Free door to door rides from the Capital District: The Justice Committee at the Unitarian Church has 3 volunteer drivers. If you have a loved one in prison and you have no other way of getting to see him or her, maybe we can help. Call us to find out: 518 253 7533
Building Bridges is a joint effort of Prison Action Network
and the FUUSA Justice Committee
The Safe and Fair Evaluation (S.A.F.E.) Parole Act Bill # S 5374 / A 7939
THE PURPOSE OF PAROLE BOARD HEARINGS IS EVALUATING READINESS, NOT PUNISHMENT
The SAFE Parole Act calls for:
Face-to face videotaped parole hearings
In-person interviews
Increase the parole applicant’s trust in the process and in the goal of reintegration
Create an environment in which the parole board can more fully and fairly evaluate applicants
Videotaping interviews ensures that the final record is accurate and detailed
Allows for a more effective review of the hearing
Holds everyone accountable for their conduct
Cost of videotaping hearings is offset by saving the cost of stenographers and the cost of transcripts
No secrets: parole applicant sees everything in the folder that the parole board sees
Results in greater transparency, fairness and trust in the parole process
The applicant can address errors or other information
Ensures a more accurate portrayal of the applicant on which the parole board can base its decision
Release decisions based on rehabilitation and preparedness for reentry and reintegration into society
The parole board is given specific, workable criteria by which to determine the probability that the applicant, if released, will live and remain at liberty without violating the law.
The NYS Transitional Accountability Plan (TAP) provides a meaningful process by which the Parole Board can make decisions regarding rehabilitation and release to parole supervision.
Clear and complete instructions spelling out what the person must do to be released
Alleviates the frustration and confusion experienced by parole applicants when they are not told what they can do in order to be released to parole supervision
This change holds everyone accountable—the applicant, the Department of Correctional Services & Community Supervision and the Parole Board.
Visit www.ParoleReform.org
to send letters to your legislators and record your personal experiences
POSTED JUNE 8 from various sources:
A DAY TO REMEMBER IN ALBANY: ANDREA EVANS'S PAROLE APPOINTMENT IS APPROVED BY SENATE. MINUTES LATER A REPUBLICAN COUP TAKES OVER THE SENATE; MALCOLM SMITH MAKES STATEMENT.
Monday,June 8
3:30pm. Angela Evans was just confirmed by the NYS Senate as Chairwoman of the Parole Board, and CEO of the Division of Parole. Prison Action Network congratulates her, and looks forward to working with her to make NYS a leader in progressive evidence-based parole practices.
4:02 PM Senate changes hands.
Legislative Gazette staff writers and The Associated Press
Sens. Hiram Monserrate and Pedro Espada Jr. have reportedly decided to caucus with the Republican Conference, giving control of the Senate chamber back to the GOP with just 8 days left in session.
The decision by the two New York City Democrats gives Republicans a 32-30 edge in the chamber.
Republicans named Espada temporary president of the Senate and Dean Skelos of Nassau County vice president and majority leader. Skelos is the former majority leader.
5:25 PM Statement by Malcolm Smith
“This was an illegal and unlawful attempt to gain control of the Senate and reverse the will of the people who voted for a Democratic Majority. Nothing has changed, Senator Malcolm A. Smith remains the duly elected Temporary President and Majority Leader. The real Senate Majority is anxious to get back to governing, and will take immediate steps to get us back to work.”
THE NEWS IS COMING IN SO FAST, THAT WE SUGGEST YOU CHECK the Legislative Gazette FREQUENTLY FOR UPDATES IN THE COMING HOURS AND DAYS.
BUILDING BRIDGES JUNE 2008
Dear Reader, Be well, have hope, and please, spread the word.
In this Issue
1. A list of ways you can help create positive change
2. Citizens Against Recidivism reports on "Considering the Evidence on Long term Sentences"
3. Coalition for Fair Criminal Justice Policies Update
4. ICARE Reports
5. Legislation Report
6. Lifers and Longtermers Clearinghouse update on community linkages
7. Parole news and statistics
8. Prison Media: Fancy Broccoli, Soul Spectrum, and Still Here Harlem
9. SHU Bill Hearing held in March to discuss delay in implementation
10. Temporary Work Release: part 2 of "Wilderness or Promised Land"
11. Transportation to Prison
1. WHAT CAN YOU DO? HERE’S A LIST OF THINGS:
ALBANY
Thursday, June 11, 5:30 — 8:00 PM Community Forum: Stop the Violence.
HEAR! About Albany SNUG / Chicago CeaseFire
SHARE! Your ideas and concerns
TELL! What’s up with your efforts
Bring it all together to Stop the Violence! You are the Answer!
Pizza and soft drinks will be served. Albany Housing Authority, 200 South Pearl Street, Parking in Rear
The Community Coalition to Prevent Violence is working with community stakeholders, the University at Albany, and Chicago CeaseFire to implement Operation SNUG, an anti-violence program initiated by Senate Majority Leader Malcolm Smith. Exhibit tables will include information about job training and employment opportunities (call to reserve a table) . For more information: Call: (518) 442-5745 or Email.
BUFFALO:
Monday, June 22, 6:30pm - 8:30pm Prisoners Are People Too will meet at the Pratt-Willert Community Center, 422 Pratt Street in Buffalo. This meeting will consider the ongoing plight of George BaBa Eng, imprisoned for murder in 1977, sentenced to a term of 25 years-to-life, and denied parole four times. Described as a mentor, teacher, brother, friend and “jailhouse lawyer,” by many, he continues to be held due to “the nature of the crime.” As a reformed offender with an excellent disciplinary record, why does the Parole Board not deem him worthy of a “second chance?” Why, after one Parole Commissioner said, “Mr. Eng, you have gone above and beyond my expectations,” is George BaBa Eng still being held?
“Friends of BaBa Eng” will share their thoughts at this meeting and urge others to lend their support to this “prisoner of conscience” who will face his fifth Parole Board hearing in October of this year.
PRP2 programs are sponsored by The Circle of Supporters for Reformed Offenders and Friends of BaBa Eng . For further information, contact Karima Amin: 716-834-8438; karima@prisonersarepeopletoo.org.
NEW YORK CITY:
Saturday June 6, 10:30am - 1pm Coalition For Fair Criminal Justice Policies-NYC Chapter Meeting
On June 6 all interested people are invited to join us as we discuss the actions we’ve taken and make plans for the future. We are hoping to have as our guest Andrea D. Evans, nominee for Chairman of Parole and CEO of the Division of Parole. Please spread the word so we can show her our numbers. RSVP to PAN: 518 253 7533.
Location: Fortune Society’s Academy aka Castle, 630 Riverside Drive at W.140th St. 137th St. stop on the #1 train.
STATEN ISLAND
Tuesday June 8 at 7pm Circle of Love Prison Support Group
Serving those, and the families of those, who have been impacted by incarceration and the circumstances surrounding it.
Meetings every second Tuesday of the month, providing a role model that will help steer formerly incarcerated men and women through this turbulent time of transition
Central Family Life Center, 59 Wright Street - between VanDuzer and Water Sts - in Stapleton, Staten Island
For information: Antoinnette Donegan 646 932 3295, email:
TROY, AMSTERDAM, ALBANY, BUFFALO, LA FAYETTE, NEWBURGH, ROCHESTER, UTICA
Youth Construction Initiative Program (YCIP)
An on-the-job training experience for non-college bound students, designed to afford 11th and 12th graders, especially minorities, females and the economically disadvantaged, an opportunity to explore careers in heavy highway construction. Free, with monthly stipends. Contact YCIP program director Ladan Alomar at 518 842 3762, or 518 944 3620 to find out more.
2. CITIZENS AGAINST RECIDIVISM REPORTS ON MAY 5TH PANEL DISCUSSION, “CONSIDERING THE EVIDENCE ON LONG TERM SENTENCES”. PANELISTS SAY, “PAROLE DECISIONS OFTEN FLY IN THE FACE OF EVIDENCE SUGGESTING THAT THE CLASS LEAST LIKELY TO BE RELEASED IS MADE UP OF THOSE (DESCRIBED AS MODEL PRISONERS) WHO ARE LEAST LIKELY TO RECIDIVATE”
The panel included participatory researchers, policy reformers and criminal justice advocates assembled at CUNY’s Graduate Center to review evidence relating to people in prison with long term sentences, particularly those who had committed violent offenses. The group was assembled to discuss current policies toward this class of incarcerated people and to suggest the implementation of various policies regarding them and others among the incarcerated population [whose release] is thought to better serve the public interest and increase public safety. The discussion was lead by Dr. Michelle Fine, a Distinguished Professor at the CUNY Graduate Center. Panelists included Kathy Boudin, Eric Waters (Osbourne Association), Mika’il DeVeaux (Citizens Against Recidivism, Inc.), Carla Marquez (Ph.D. candidate at the Graduate Center) and Felipe Vargas (The Doe Fund).
The evening began with a recount of the “irrationality and fiscal and moral costs of bulging (US) prisons,” including the consequences of current incarceration policies in the American society (1 out of 100 adults incarcerated), particularly the impact these policies have had on communities of color (1 out of 9 African American men are incarcerated), and on the millions of children who have a parent in prison, on parole or probation.
Although 95% of those who are in prison are eventually released (most on parole supervision), many have endured increasingly longer sentences in part because of de facto resentencing by parole commissioners. Parole decisions often fly in the face of evidence suggesting that the class least likely to be released is made up of those described as model prisoners who are least likely to recidivate.
Between 1985 and 2002, 1,105 people were released after serving a sentence for murder. Only 3% (33 people) convicted of murder returned for a new commitment and 17% (189 individuals) returned for a parole violation. Their overall return rate was half of that for all DOCS releases.
Panelists provided the audience with detailed information regarding New York State Law [Executive Law 259-i(2)(c)(A) ] governing parole release and the guidelines for granting parole but also noted that the criteria were not equally weighted because many were repeatedly denied parole solely because of the nature of the crime.
It was pointed out that more emphasis needed to be placed on how people are “treated” while incarcerated and the “condition” they would be in when they were released. If public safety is the primary goal of our criminal justice system, then strategies to return people to the community in conditions better than they were when they entered prison should be in use.
Panelists reviewed the functions of the prison system (rehabilitation, punishment, deterrence, and incapacitation), several sentencing structures (determinate, indeterminate, and mandatory minimums) and the impact and benefits of each as a preface to introducing the mission of the New York State Division of Parole: To promote public safety by preparing inmates for release and supervising parolees to the successful completion of their sentence.
Calling for an emphasis on treatment and an effort to prepare people in prison for release, panelists argued for a shift from current parole policies to one that truly linked preparation/programming (e.g., college and meaningful vocational training) to accelerated release; a commitment from the Departments of Corrections and Parole to provide programming that aided development and or facilitated release of people in conditions better than the ones in which they entered prison; and that the focus in this regard begin as soon as people entered prison rather than mere months before parole eligibility.
There was a call for providing contracts between people in prison and paroling authorities that would outline performance measures needed to become eligible for parole release including skill training, education, institutional behavior, substance abuse treatment, work or job assignment, etc. The contract would define a definite release date contingent upon successful completion of the terms of the agreement in keeping with the idea of 'a reasonable expectation’ of being released to parole supervision, assuming participation in rehabilitation programs and the maintenance of a good disciplinary record
To enhance public safety while “supervising parolees to the successful completion of their sentence” panelists argued for:
· A policy shift that focused on case management/case planning;
· Clarification of the criteria for success and milestones along the way;
· Tailored conditions of parole (conditions relative to risk);
· Gradual lifting of sanctions for people on parole who meet agreed upon goals and conditions of parole;
· Shifting of the focus to those who presented the greatest risk of violating the terms of their parole;
· Involvement of the people on parole in the case planning process;
· Involvement of the family, community members, or other informal social networks in case planning and supervision;
· Incentives for goal completion;
· Make consequence of violations of conditions clear;
· Implement earned discharge, i.e. opportunity for early discharge from parole for meeting and maintaining conditions of parole, program participation and or goals set.
Panelists talked about the “paradox of post-prison life” where many who return from prison feel “invisible” and separate from the larger society, while being expected to overcome the many barriers to reintegration they face the social stigma of having a history of criminality.
3. COALITION FOR FAIR CRIMINAL JUSTICE POLICIES GENERAL MEETING ON JUNE 6 TO DISCUSS CANCELLATION OF REINSTATEMENT CAMPAIGN AND WHERE TO GO FROM HERE REGARDING THE PROGRESS OF OUR MONTHLY MEETINGS. POLICY COMMITTEE MET WITH LEGISLATORS, WILL HOLD ALL DAY MEETING ON JUNE 20 TO WORK ON PAROLE LEGISLATION GOAL.
General Meeting Report:
We did not meet in May. Our next meeting on June 6 is announced above, in Article 1. We hope to be joined by Andrea Evans, Governor Paterson’s nominee for the top position in the Division of Parole.
Policy Committee Report:
On May 14 two members of the Policy Committee met with Sandy Stewart and Juan Martinez from Senator Montgomery’s office to present them with statistics showing that approximately $81 million to $250 million per year can be saved by the passage of a Merit Time bill that includes all violent felons excluding certain categories. The broad range is the result of different estimates of the annual maintenance cost per incarcerated person and the average reduction in time served.
On June 20 we will meet in Albany for an all day work retreat to continue the task of developing a narrative description of our policy goal for Parole Reform. We hope to have the document completed by September 2009. In preparation for our meeting we are reading a publication of the National Institute of Corrections, called Comprehensive Framework for Paroling Authorities in an Era of Evidence-Based Practices. If you’re interested it’s available at http://nicic.gov/Library/022906.
4. ICARE REPORTS
As ICARE has engaged in organizational development over the last several weeks - having submitted a lengthy financial review as well as beginning preparations for a day-long annual meeting in mid-June, members of the board are focused on the tasks at hand (policy advocacy, correspondence and reentry ministry, and information dissemination) and the challenges posed by the current economy. We are continuing to plan strategically with the resources at hand and remain committed to pushing a progressive policy agenda in Albany, specifically on barriers related to employment and criminal records.
- Rima Vesely-Flad
5. LEGISLATION: THERE WAS AN ERROR IN MAY’S REPORT ON A7564 AND PENAL LAW 803-B; MERIT TIME BILL UPDATE; BILL TO DELETE CRIMINAL HISTORY FROM DOCS WEBSITE [Copies of all bills mentioned are available at http://public.leginfo.state.ny.us/menuf.cgi]
Corrections:
1. A7564: Merit time for Non-Violent Inmates[sic]
We mistakenly added an extra zero to the number of keeplock days it takes to disqualify a person. It should have read 60 days, not 600 days! That’s a big difference, and we’re sorry if we mislead you.
2. Penal Law 803-B Six Month Credit Time Allowance:
I thought the denial of the 6 month credit to those who had had any good behavior time credit withheld applied to both indeterminate and determinate sentences, but there are those who think it applies only to those with a determinate sentence. When I went back to read the law, it is so long and so complicated that I must excuse myself from reporting on it. I simply don't understand what it is saying. Remember, I'm not a lawyer and neither is anyone else on our staff. If any reader is competant to resolve this question, it would be appreciated.
The following bills have sponsorship in both houses of the legislature and are in committee awaiting a decision whether to move them to a vote.
Merit Time Bills S49/A172 and S2932/A6487 Update:
We are still waiting to see if either of these bills will be moved out of committee and/or revised beforehand. S2932 will be on the committee’s agenda for June 1.
S4406-B Hassell-Thompson/ A 3131-b Bradley (Ms) Deleting Criminal History from DOCS Website
Correction Law
TITLE....Provides the criminal information of certain persons may only be posted on the department of corrections' website for a period not to exceed five years after his or her release
STATUS (included so you can see the process and the amount of time it’s taken):
04/22/09 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
05/07/09 AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION
05/07/09 PRINT NUMBER 4406A
05/18/09 1ST REPORT CAL.349
05/19/09 2ND REPORT CAL.
05/20/09 AMENDED 4406B
05/20/09 ADVANCED TO THIRD READING
SUMMARY OF PROVISIONS:
Section one amends the correction law by adding a new section 9 which provides that any information relating to the conviction of a person may be posted on the department's website for a period not to exceed five years after the expiration of such person's sentence of imprisonment and any period of parole or post-release supervision. However, in the case of a person who has been committed to the department on more than one occasion, the department may post conviction information relating to any prior commitment on such website for a period not to exceed five years after the expiration of such person's sentence of imprisonment and any period of parole or post-release supervision arising from the most recent commitment to the department.
The foregoing provisions do not apply to any person who is convicted of an offense that would make the person ineligible for merit time under section 803 of the correction law (violent offenders) or to persons required to register as a sex offender.
6. LIFERS AND LONGTERMERS CLEARINGHOUSE: HOPE LIVES FOR LIFERS PROJECT IS IN THE PROCESS OF IDENTIFYING LIFER ORGANIZATIONS IN THOSE FACILITIES CLOSE TO THE NEW YORK CITY AREA WHERE WE ARE BASED SO THAT WE CAN VISIT AND ENGAGE IN DISCUSSIONS TO DETERMINE WHAT THE PROMINENT NEEDS ARE
My primary mission upon release from prison was to develop community linkages that would 1) sponsor approved prison organizations, and 2) work collaboratively with prison organizations to jointly develop programs and services that reverse criminal behavior and improve opportunities for release.
Developing community linkages is a complex task and I have probably given those I left behind the impression that I have made more progress than I actually have. And so I need to clarify some things, especially in regard to the Hope Lives for Lifers project.
Hope Lives for Lifers is a project of the Doing Justice Coalition. The Doing Justice Coalition is a collaborative partnership between faith communities and criminal justice practitioners to improve criminal justice outcomes by integrating the concepts of faith, hope and enduring beliefs with evidence based practices and non-traditional approaches to social justice.
The Doing Justice Coalition created a number of subcommittees designed to address specific criminal justice issues. One such committee was the Lifers and Long-Termers subcommittee. That subcommittee developed the Hope Lives for Lifers as a project designed to address the specific needs of those serving life, long-term and life without parole sentences.
Members of the Hope Lives for Lifers project are drawn from a broad cross-section of faith communities, criminal justice involvements and social justice activities. Although we are committed to providing a collaborative linkage with approved long-termer organizations, we are still in the formative stages of development. We are in the process of identifying lifer organizations in those facilities close to the New York City area where we are based so that we can visit and engage in discussions to determine what the prominent needs are.
Once we have gathered enough information to state just what needs we plan to address, we will meet with central office to gain approval of our programs. While we are in the process of making these moves, please stay in touch and continue to inform us of your involvements.
-- Larry White
7. PAROLE NEWS: ANDREA D. EVANS IS NOMINATED FOR HEAD OF PAROLE; PART 6 OF PAROLE HANDBOOK; ADDITION TO PAROLE WEBSITE PROVIDES PAROLE SUPERVISION STATUS OF INDIVIDUALS ON PAROLE; APRIL AND MAY PAROLE STATISTICS
.
On Friday May 22 at 6:30pm Governor David A. Paterson announced the nomination of Andrea D. Evans as Chair of the State Board of Parole and Chief Executive Officer of the Division.
According to the Governor's website, "Ms. Evans is the current Director of the Division of Parole for Region II, an area encompassing Brooklyn, Queens and Staten Island. In this position, she oversees the operation of four Area Offices, including one located in the Queensboro Correctional Facility. Prior to this role, Ms. Evans served as Deputy Regional Director for Region I, where she managed the operation of five field offices in Bronx County.
From 2000 to 2006, Ms. Evans served as Special Assistant to the Downstate Director of Operations. From 1997-2000, she worked as an Investigator in the Division of Parole’s Office for Professional Responsibility, where she conducted investigations into allegations of professional misconduct. From 1994 to 1997, Ms. Evans was a Senior Parole Officer and served as Acting Supervisor in the Bronx Area Office. Additionally, she worked as a Parole Revocation Officer from 1990 to 1994. Ms. Evans began her career with the Division in 1986 as a Parole Officer.
Prior to joining the State Division of Parole, Ms. Evans worked for the Central Brooklyn Coordinating Council from 1979 to 1986, a community-based family services and support organization dedicated to foster care prevention.
Ms. Evans holds a B.A. in Psychology from the City College of New York.
This position requires Senate confirmation."
PART 6 ON PAROLE AND PAROLE BOARD ACTIVITIES IN STATE CORRECTIONAL FACILITIES
[available online at http://parole.state.ny.us/Handbook.pdf ]
What does parole and parole eligibility mean?
Parole is release granted by the Board of Parole as a matter of discretion after you have served a portion of your sentence. Parole eligibility occurs when you have served the minimum period of imprisonment, as established by statute. However, if you successfully complete a Shock Incarceration Program and are granted a Certificate of Earned Eligibility by the Department of Correctional Services, you may become eligible for parole before you complete your minimum period of imprisonment. You may also become eligible for parole before reaching your minimum term by earning Merit Time. Inmates with Final Orders of Deportation in place may be considered for release, for deportation only, prior to completion of their minimum sentences. Finally, certain terminally ill inmates may be eligible for Parole Board review before serving a minimum term.
Do I have to submit an application for parole release?
No. Once you reach an applicable eligibility date, you will be automatically scheduled for Parole Board release consideration.
How do I become “ready” for parole?
Parole “readiness” includes several factors. It is important that you demonstrate good prison behavior throughout your period of incarceration. Becoming involved in prison programming offers you an opportunity to improve your education and acquire new skills.
For example, there are programs provided by DOCS which include substance abuse counseling, as well as education and self-help groups. Such programs may help you learn how to cope with drug and alcohol problems upon your release. There are many opportunities in prison for you to learn more about yourself and to make important strides in self-improvement.
Correction Counselors and facility Parole Officers can advise you about becoming “release ready” and using your time in prison to your best advantage.
PAROLEE INFORMATION IS NOW AVAILABLE ON PAROLE WEBSITE [www.parole.state.ny.us]
Public can access the parole supervision status of individuals
Henry Lemons, interim chairman of the New York State Division of Parole, announced the launch of a new “parolee lookup” feature on the Division’s website, www.parole.state.ny.us. The public can now access real-time information on the parole status of those currently under supervision as well as those who have completed their supervision.
“Victims, members of law enforcement, state and federal criminal justice agencies and family members routinely have questions about the status of an individual’s parole supervision,” Lemons said. “By creating this valuable online tool, people can have access to this important information 24 hours a day.”
After entering specific information about a person under parole supervision such as a name or identification number, the public will be able to search for details about that individual’s parole status. Data that is available includes the county where the crime was committed, crime of conviction, the date parole supervision began, the status of parole supervision, the address of the parole office that an individual reports to as well as the name and contact telephone number for the parole officer overseeing the case.
The addition of the look-up feature on the website is part of the Division’s goal to make its work more transparent and readily available to the public. It follows the 2008 online addition of the Parole Board interview schedule that allows users to look back at Parole Board determinations over a two year period, and locate the parole interview dates of persons that are scheduled to come before the Board in the next four months.
APRIL 2009 PAROLE BOARD RELEASES – A1 VIOLENT FELONS – unofficial research from parole database
Total Interviews # Released # Denied Rate of Release
16 initials 2 14 13%
70 reappearances 22 48 31%
86 total interviews 24 62 28%
April Initial Releases
Facility Sentence Offense # of Board
Eastern 15-Life Conspiracy 1 initial
Wende 25-Life Murder 2 initial
April Reappearances
Facility Sentence Offense Eligibility Date # of Board
Arthurkill 15-Life Murder 2 9/5/93 9th board
Arthurkill 25-Life Murder 2 7/29/07 2nd board
Bare Hill 15-Life Murder 2 9/11/03 4th board
Cape Vincent 25-Life Murder 2 10/22/05 3rd board
Fishkill 15-Life Murder 2 8/25/05 3rd board
Fishkill 16-Life Murder 2 8/21/05 3rd board
Fishkill 25-Life Murder 2 8/23/03 4th board
Fishkill 25-Life Murder 2 3/23/01 5th board
Fishkill 25-Life Murder 2 6/12/02 4th board
Franklin 15-Life Att Murder 1 7/21/06 3rd board
Franklin 15-Life Murder 2 8/3/99 6th board
Gowanda 20-Life Murder 2 9/7/07 2nd board
Great Meadow 25-Life Murder 2 10/20/05 spec cons + 3 boards
Groveland 25-Life Murder pre-74 8/17/97 7th board
Oneida 15-Life Murder 2 8/25/93 9th board
Shawangunk 16 1/2- Life Murder 2 8/19/95 8th board
Wallkill 15-Life Murder 2 2/27/01 5th board
Woodbourne 15-Life Murder 2 8/30/97 7th board
Woodbourne 15-Life Murder 2 8/26/05 3rd board
Woodbourne 17 1/2-Life Murder 2 8/15/03 4th board
Washington 20-Life Murder pre-74 8/26/90 11th board?
Woodbourne 25-Life Murder 2 8/5/07 2nd board
[It appears that May releases were very low. Not one single person with an A1 violent felony conviction got out on his (no females) first board this month, and only 10 A1VFs got out on reappearances.]
MAY RELEASES BASED ON REPORTS FROM PRISON. (Please note that the following statistics are not all limited to people convicted of A1 Violent felonies - some include all parole hearings):
MID-ORANGE
May - Hernandez, Smith, Thompson
25 appearances
5 were paroled (2 were A1VO; 1 of whom was de novo)
20 denials
No postponements
All denials were for 2 years
SULLIVAN ANNEX
May - Clarke and ?
2 appearances (both violent)
0 were paroled: 1 was second board, the other was 4th board
Both got 2 year holds
WOODBOURNE
May - Clarke and Hagler
12 Appearances: 1 granted parole; 9 denied; 2 postponed
A1VO: 6 seen, 0 granted, 5 denied, 1 postponed
GRAZIANO VS PATAKI: No new developments in May.
8. PRISON MEDIA: RADIO: FANCY BROCCOLI, WITH KATHY AND ERNEST HENRY; SOUL!, WITH LIBERTY GREEN, ARTICLE IN NY TIMES: JOSEPH ‘JAZZ” HAYDEN’S STILL HERE HARLEM PRODUCTIONS
FANCY BROCCOLI RADIO SHOW, WVKR 91.3 FM - Sundays - Jazz & Prison Talk, 3:00-6:00 pm
Box 726, Vassar College, Poughkeepsie NY 12604-0726
June Schedule (subject to change)
Sunday, Jun 7 - Sean Pica and Ernest Henry (Formerly Incarcerated Husbands) Discuss Committed Relationships 'During and After' Prison - You Come Home... 'then what!?' We need your input (see address below)
Sunday, Jun 21 - Tom and Laura Lagana - Publishers of 'Chicken Soup for a Prisoner's Soul,' and New Book: 'Serving Productive Time'
SOUL SPECTRUM, WJFF Radio Catskill 90.5FM [www.wjffradio.org]
PO Box 546, Jeffersonville, NY 12748 Voice Box Call-in Comment Line: 845 431 6500
Every week on Thursday at 11pm, Liberty Green brings to the airwaves a stack of soul records and a whole lot more including "Silly Love Songs" and letters, some of which come from the many incarcerated men and women living in prisons in range of the station’s signal.
A NEWSROOM TO COVER THE DISENFRANCHISED VOICES IN HARLEM
From the NY Times, 5/18, NY Region section, by Jason Grant [
Excerpts:[Read the entire article here.]
Mr. [Joseph ‘Jazz’] Hayden, 68, calls himself a news junkie, but adds that what he sees or, more to the point, does not see on the news can be infuriating.
“There’s not enough air time for low-income communities and our issues and ideas,” he said as he leaned back into his newsroom’s couch, a small jade Buddha and gold chain hanging from his neck. “All they talk about is the middle class. They never look down. No one talks to us. They never ask my opinion.” During last year’s presidential campaign, he said, he “stayed virtually in a state of rage because the mainstream media. They talked with such arrogance and such certitude about what the American people felt.”
Determined to change that, at least on a local level, he and two other men last year invested $40,000 to start a news organization, Still Here Harlem Productions, that would, in the words of its mission statement, “cover every aspect of the community life of the marginalized and voiceless in Harlem,” which stretches, as Mr. Hayden is fond of saying, “from West 110th Street to Washington Heights, and river to river.”
Still Here’s half-hour videos began appearing on the Manhattan Neighborhood Network cable channel in September, and in February Mr. Hayden started a Web site, All Things Harlem, which posts video news reports and recordings of Harlem political, social and cultural events.
Mr. Hayden was born in Harlem, and though his current life revolves around television and the Internet, his earlier decades read like chapters in a crime novel. The son of a housecleaner who raised the family by herself, he was first locked up at 16, for heroin possession. He landed in Attica on another conviction (which he said was later overturned), for the attempted murder of a police officer, and he left right before inmates seized the prison. By the time he was in his 30s, he was running nightclubs and had become an associate of Nicky Barnes, the leader of one of the city’s largest heroin rings.
“To me, crime is a response,” Mr. Hayden said. “You play the hand you’re dealt in life. And the hand I was dealt was very harsh.”
Back in his newsroom, the huge television was still on and Mr. Hayden’s hands swept the air as he discussed how his vision was unfolding. “Everybody in the world knows about Harlem,” he said. “So I figured if I could limit my coverage, if I could just cover this community effectively, then I could build a model here.”
9. SHU BILL UPDATE: "THE DEPARTMENT OF CORRECTIONS AND OFFICE OF MENTAL HEALTH’S POSTURE THAT THEY NEED TO SPEND FIVE MORE YEARS AFTER THE OPENING OF MARCY CORRECTIONAL FACILITY TO STUDY ITS OPERATION IS PUZZLING.”
New York State Senator Ruth Hassell-Thompson, Chairwoman of the Standing Committee on Crime Victims, Crime and Correction and her Senate colleagues conducted a public hearing on March 17, 2009 to discuss the Governor’s proposal to delay the implementation of the Special Housing Unit (SHU) Exclusion Bill until 2014.
After over a decade of litigation, the SHU Exclusion Bill was signed into Law as Chapter 1 of 2008. As a result of the SHU Exclusion Bill and the DAI (Disability Advocates, Inc.) Court Approved Settlement, inmates diagnosed with serious mental illnesses would be moved from solitary confinement into residential mental health units (RMHU) under the auspices of the Department of Corrections (DOCS) and Office of Mental Health (OMH). The first of these facilities is to open at Marcy Correctional Facility in September 2009. However, due to New York State’s fiscal crisis, the Governor recommended in his Executive Budget Proposal for 2009-2010 to delay any further expansion.
The hearing focused on the SHU Exclusion Bill and the DAI Settlement and what the potential impact of delaying the implementation will mean to the seriously mentally ill.
"The motivating factor for pursuing the public hearing was to allow the public and persons with expertise relating to this issue the opportunity to weigh in on the proposed delay," said Senator Ruth Hassell-Thompson. "We also heard from officials representing DOCS and OMH, and I am not convinced that this delay is appropriate and will have the least injurious impact on this population."
The participants included The Honorable Sol Wachtler, Retired Chief Judge of the New York Court of Appeals and Professor of Law at Touro Law School; Brian Fischer, Commissioner of the NYS Department of Correctional Services; Richard Miraglia, Deputy Commissioner of the NYS Office of Mental Health; Robert Corliss, Director of Forensic Services for the Mental Health Association of NY, Inc.; Pauline Magnetti of the National Alliance of Mental Illness (NAMI); Nina Loewenstein, Staff Attorney, Disability Advocates, Inc.; Betsy Sterling, Director of Special Litigation and Projects, Prisoners’ Legal Services of New York; and Sarah Kerr, Staff Attorney, Prisoners’ Rights Project Legal Aid Society.
According to Senator Ruth Hassell-Thompson, "The Department of Corrections and Office of Mental Health’s posture that they need to spend five more years after the opening of Marcy Correctional Facility to study its operation is puzzling. They have already had fifteen years to analyze an appropriate mental health treatment and further, they failed to explain what more they expect to learn from Marcy."
10. TEMPORARY WORK RELEASE: PART 2 OF "PRISON RELEASE: WILDERNESS OR PROMISED LAND?", BY AARON TALLEY AND DON MASON (part one was published in the February 2007 issue of Building Bridges)
Part One started out:
A man is released from prison after serving 25 years. He was denied the opportunity to transition back into the reality of the work world; our high-tech society was confusing to him, and he did not have the resources to make a successful transition back into society because there was no temporary release program (education or work release). Within six months he was back in prison. Freedom to him had been the Wilderness not the Promised Land.
Another man came out of prison after serving 25 years. For him freedom was the Promised Land because he made a successful transition and was immediately contributing to society and his family again. He had worked the last two years of his sentence out in society, going back to a facility each evening of the week and had his weekends at home after six months of successful work release. He had saved enough money to help his family move out of public housing and had enough to pay off his family’s debts which they had accrued during his long incarceration. And he gained his self-respect and that of his family back.
It is three years later and we still don’t have work release for violent offenders.
Prior to the Wall Street melt-down, government bail out of many banks and the auto industry, unemployment and mortgage foreclosures at rates not seen since the Great Depression, New York State had more dollars allocated each year in their budget for DOCS ($2.7 billion) than they did for SUNY. The unfortunate fact is that's still true today.
In a 2007 DOCS report published under Commissioner Brian Fischer's name, "Temporary Release Program", statistics are presented that show the steady decline of participation in the TRP from 1995 when then Gov. Pataki gutted the program by eliminating violent offenders from participating, to 2007 when the study was conducted. From the DOC's own statistics, participation in 1995 was 17,953 and gradually decreased to 2,498 in 2007. The report goes on to state that "Despite the decrease in participation of temporary release, inmates, specifically work release and day reporting inmates, have earned $132,923,229.64, paid $36,425,650.05 in federal, state and local taxes, and saved $40,716,993.54 since 1995".
This begs the question, how much money would have been saved if program participation had not been limited? Well, according to the article "Work Release Could Provide Budget Relief", by Alan Rosenthal and Patricia Warth, the state would have had tax revenues of $7 million from the participants if the 1994 level was still in effect. With a $15 billion projected budget short-fall in this year, and the cutting of $385 million for human services it sure seems the 1994 level of participation should be re-instated.
The Governmental Education Organization at Mid-Orange suggests that despite the program’s success in part years, even more stringent qualification criteria be set up to allay the public’s concerns for safety. Please join us in writing your state representatives to encourage them to look at reforming and expanding work release, not just for the savings, but also so prisoners can reach the Promised Land.
11. TRANSPORTATION: CAPITAL DISTRICT
NEST Prison Shuttle schedule: Mt. McGregor, Washington, and Great Meadow CFs on Sat, Jun 6 ($35 adults, $25 children), Coxsackie, Greene, and Hudson on Sat, Jun 13 ($20 adults, $15 children) from Oakwood Ave Presbyt. Church parking lot, Troy at 7 AM, then to Albany Greyhound bus station at 7:15. Sullivan trip (Ulster, Eastern, Woodbourne, Sullivan) on Jun 27 leaving at 6:30 AM ($45 adults, $30 children). Reservations: Linda O'Malley 518- 273-5199.
Free door to door rides from the Capital District: The Justice Committee at the Unitarian Church has 3 volunteer drivers. If you have a loved one in prison and you have no other way of getting to see him or her, maybe we can help. Call us to find out: 518 253 7533
Building Bridges is a joint effort of Prison Action Network
and the FUUSA Justice Committee
Thursday, April 30, 2009
MAY 2009
Please scroll down to read the May edition of Building Bridges. The following are latebreaking notices received since the newsletter was last published:
POSTED MAY 26: by Prison Action Network
NY Times features PAN member, Joseph Hayden
Joseph "Jazz" Hayden is a vital resource to our cause. His news organization, Still Here Harlem Productions, filmed our 4th Family Empowerment Day last October 2008, and made it available on his website, http://allthingsharlem.com where you can view many other deeply moving stories not reported elsewhere.
On May 18th the NY Times featured Jazz and his work in their NY Region Section with a detailed story of his journey from a criminal past to a career in video journalism. Read it here.
POSTED MAY 22: From the Governor's website [http://www.state.ny.us/governor/press/press_0522096.html]
GOVERNOR PATERSON ANNOUNCES NOMINATION TO THE STATE BOARD OF PAROLE
Governor David A. Paterson today announced the nomination of Andrea D. Evans as Chair of the State Board of Parole. As Chair, Ms. Evans will also serve as Chief Executive Officer of the Division.
Ms. Evans is the current Director of the Division of Parole for Region II, an area encompassing Brooklyn, Queens and Staten Island. In this position, she oversees the operation of four Area Offices, including one located in the Queensboro Correctional Facility. Prior to this role, Ms. Evans served as Deputy Regional Director for Region I, where she managed the operation of five field offices in Bronx County.
From 2000 to 2006, Ms. Evans served as Special Assistant to the Downstate Director of Operations. From 1997-2000, she worked as an Investigator in the Division of Parole’s Office for Professional Responsibility, where she conducted investigations into allegations of professional misconduct. From 1994 to 1997, Ms. Evans was a Senior Parole Officer and served as Acting Supervisor in the Bronx Area Office. Additionally, she worked as a Parole Revocation Officer from 1990 to 1994. Ms. Evans began her career with the Division in 1986 as a Parole Officer.
Prior to joining the State Division of Parole, Ms. Evans worked for the Central Brooklyn Coordinating Council from 1979 to 1986, a community-based family services and support organization dedicated to foster care prevention.
Ms. Evans holds a B.A. in Psychology from the City College of New York.
As Chair of the State Board of Parole, Ms. Evans will receive an annual salary of $120,800. This position requires Senate confirmation.
POSTED MAY 14 by WNY Advocates for Robert Seth Hayes:
Political Prisoner, Robert Seth Hayes, is in need of support from the community. As many of you know, our friend Seth has been imprisoned since the early 1970s for his involvement in the Black Panther Party and the black liberation struggle. In spite of leading an exemplary life as a prisoner, earning himself honor block status at Wende Correctional, Seth was recently denied parole for the 5th time for the all-too-familiar excuse of the “serious nature of the crime.” As a result, Seth has decided to pursue more aggressive parole strategies, including obtaining the legal assistance of our friend Cheryl Kates who specializes in parole law. It is believed by many familiar with Seth’s case and the history of political prisoners in this state, that with a more aggressive parole team and strategy, Seth has a good chance of parole. Seth needs your help in the form of donations to secure his new legal strategy. Please give what you can to Seth’s Advocate, Nate Buckley, at 438 Massachusetts Ave., Buffalo, NY 14213, or at the next meeting of Prisoners Are People Too (5/18), and please spread the word.
For More Information on Seth, visit: http://www.sethhayes.org/
If you need to reach Nate Buckley via e-mail: buckleynate@yahoo.com.
POSTED MAY 14 by NEST
The NEST Gospel Concert: May 29th at 7:30 PM
Featuring Men's Gospel Choirs from Metropolitan NTM Mission Baptist Church, Mt. Pleasant Baptist Church, Mt. Olive Missionary Baptist Church, Bethel Baptist Church and Duryee AME Zion Church, plus the Troy Larger Parish Choir
First United Presbyterian Church, 1915 Fifth Avenue, Troy
Suggested donation: $10. Dessert reception follows. Artwork on display.
NEST (Neighbors Establishing Support in Troy) is a church mission designed to help transport family members to local prisons at costs far below public transportation.
POSTED MAY 13 by the Coalition for Fair Criminal Justice Policies:
Campaign to Reinstate George Alexander!
The Prison Action Network and the Coalition for Fair Criminal Justice Policies support George B. Alexander's bid to be reinstated as Chairman and Chief Executive Officer of the NYS Division of Parole.
If you agree please write a letter to Governor Paterson. We invite you to send your letters of support to Prison Action Network, PO Box 6355, Albany, NY 12206, attn: Gov Paterson, by May 15, and we will hand deliver them to the Governor's office sometime during the next week.
Over the years we’d become accustomed to viewing both parole and corrections as our adversaries. Our perception changed when we saw officials from these two agencies stand up to baseless attacks from Senator Nozzolio and others at a November, 2007 Senate hearing that was clearly intended to stoke public fear around parole issues. Since then, we have become more inclined to view parole and corrections as colleagues in a common struggle—the struggle to restore our communities and families and loved ones to full and positive membership in society. Thus the selection of the next person to serve as leader of the Board and Division of Parole is of vital concern to us.
We have met with George Alexander both before and after his resignation. He was the keynote speaker at our Family Empowerment Day event on October 25 2008, which was attended by more than 400 people, and at a meeting on April 25, 2009. Now that he has been exonerated of the felony charges that led to demands for his resignation - and on June 13 will have the misdemeanor charge against him expunged from the record - we believe fairness and practicality dictate his reinstatement.
It will take courage and strong leadership skills for the next Chairman and Executive Director to continue the momentum begun under Mr. Alexander's leadership. We are concerned that any other candidate might be tempted to retreat in view of what happened to him. He however, has passed that gauntlet and still supports his previous management goals. We therefore conclude that George Alexander is the best person for the job.
BUILDING BRIDGES MAY 2009
Dear Reader,
Prison Action Network has been working with the Coalition For Fair Criminal Justice Policies to develop a strategy for changing parole laws so people can no longer be denied parole solely because of the type of crime they committed. We feel there are other much more important criteria to be considered. In our discussions with experienced policy makers, we've become familiar with the Reintegrative Sentencing Model developed by the Center for Community Alternatives (CCA) and championed by ICARE. We recognize that the foundation for this concept was laid when Penal Law 1.05(6) was amended in 2006 to add a new goal, "the promotion of their (convicted person's) successful and productive reentry and reintegration into society.." to the four traditional sentencing goals of deterrence, rehabilitation, retribution and incapacitation.
We envision this model being applied to create a documented Reintegration Plan upon arrest, which would subsequently be used at every step of the process through which the accused person passes, including the bail hearing, the court's sentencing decisions, and leading to a new role for the parole board. The Reintegration Plan would be designed in partnership with the arrested person in analyzing the person's strengths and deficits to determine whether incarceration or an alternative would be most appropriate, and if incarceration, the programs deemed necessary for the person to earn release and eventual full reintegration into the community to which he or she is returned.
That of course, would require a radical restructuring of our current criminal justice process.
To encourage this shift we are suggesting that all of our proposals for improving the criminal justice system, including new Merit Time statutes and Parole Board policies be consistent with this model.
In the new paradigm, we visualize Merit Time becoming a tool to demonstrate the positive growth of a person throughout incarceration and during the reintegration process. Revisions to 259-i, governing the Parole Board's authority, would be focused on reducing the Board's sanctioning role and expanding its role in monitoring and evaluating the person's behaviors and activities during incarceration. Upon release their role would be solely to monitor and provide support until such time as the person is fully reintegrated into all aspects of the community to which he or she returned.
Be well, have hope, and please, get involved!
IN THIS ISSUE:
1. A list of things you can do to help your incarcerated loved ones
2. Coalition for Fair Criminal Justice Policies
3. ICARE reports
4. Legislation
5. Lifers and Longtermers Clearinghouse
6. Parole news
7. Prison Media
8. Prisoners of the census
9. Transportation to prisons
10. Warrentless vehicle searches curtailed
1. WHAT CAN YOU DO? HERE’S A LIST OF THINGS:
ALBANY
Tuesday May 5, 9:45am - 4:45pm Coalition for Women Prisoners’ 15th Annual ADVOCACY DAY
Join the Coalition for Women Prisoners Advocacy Day on May 5th to advocate for three bills that affect incarcerated women. You can read a description of them under Legislation, Article 5 below. A gender- specific approach to criminal justice policies and programs would provide critical support for women in prison and create a ripple effect of benefits for children, families and communities directly affected by incarceration. Please join us in this important struggle.
Meet at Emmanuel Baptist Church (275 State St., Albany) To get involved, contact Stacey Thompson, sthompson@correctionalassociation.org or 212-254-5700 x333.
Thursday, May 7th, 5:30 – 7:30pm The Center for Law & Justice
Please join with us in celebrating our new, community-based office and the opening of The Jeffrey Wood Reentry Ctr 153 S. Pearl St., “Coliseum Bldg” (just off Madison).. Light refreshments will be served.
BUFFALO:
Monday, May 18, 6:30pm - 8:30pm Prisoners Are People Too
Monthly meeting at the Pratt-Willert Community Center, 422 Pratt Street in Buffalo. This meeting will deal with a program that is new to Western New York: “Mentoring Children of Prisoners: Caregiver’s Choice.” This national initiative brings mentoring programs and children with incarcerated parents together to facilitate quality new mentoring relationships. Youth, ages 4 - 18, who have a parent in state or federal prison are eligible. In Buffalo, it is “Compeer of Greater Buffalo” which has recently received certification and final approval to lead this “Caregiver’s Choice” program in WNY. Caregivers will be able to choose from a menu of mentoring possibilities based on the child’s needs, knowing that their choice meets standards for safety and quality.
Our guest speaker will be Karen Bartkowiak who is the Director of “Compeer for Kids” and the Coordinator of “Mentoring Children of Prisoners: Caregiver’s Choice” in Buffalo. With bachelor’s and master’s degrees in psychology from Buffalo State College and SUNY Brockport respectively, she has 16 years experience as a family-based therapist, case manager, team leader, program coordinator, and project director in what she calls “offering opportunities for reducing risk and increasing assets” for children, adolescents, and adults.
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:
Tuesday May 5, 6-8pm Mass Incarceration and Democracy:
Considering the Evidence on Long Term Sentences
Moderator, Michelle Fine, Ph.D. Presenters: Kathy Boudin and Eric Waters; Mika'il DeVeaux, Carla Marquez, Felipe Vargas. Discussion led by Craig Haney, Ph.D.
CUNY Graduate Center, 365 5th Avenue, Room 9100
Thursday May 7th, at 1pm Rally to Protest the Criminalization of People with Psychiatric Disabilities
Rally at Governor Paterson's NYC Office, 633 3rd Ave. (between 40th and 41st St.s.)
People with mental illness are marginalized and punished for their disabilities and are being locked up in jails and prisons at an alarming rate. The media and the government portray people with mental illness as crazed, violent serial killers, a stigma that is damaging, untrue, and furthers the government’s justification for prisons. The reality is that people with mental illness are no more violent than anyone else and in fact, people with mental illness are more often targets of violence. People with mental illness generally serve time because of this stigma and because of the government’s unwillingness to support community based treatment options.
Come let your voices be heard!!! Can you join us to say NO to the criminalization of disabled people? This is an issue that affects all of our communities. Please spread the word to help us turn out as many people as possible. Contact: Alex Smith asmith@urbanjustice.org, 646-602-5683
Tuesday, May 12, all day R.T. trip to Albany: Community Service Society Lobby Day.
Let’s have a large Prison Action Network contingent this year. That includes you, so consider making arrangements to take the day off. Lunch and transportation provided from NYC. A good way to start learning to lobby. Busses Departing at 6:30am sharp, Returning: 7pm
For the bus departing at: Community Service Society, 105 E. 22nd Street, corner of Park Ave. South, New York, contact Gabrielle Torres-Rivera or 212-614-5306 to reserve your seat.
For the bus departing NY Fortune Academy Castle, Corner of 140th Street and Riverside Drive, New York, NY, contact Larry White or 212-691-7554 ext. 320 to reserve your seat.
Saturday June 6, 10:30am -1pm Coalition For Fair Criminal Justice Policies-NYC Chapter Meeting
At our April 25th meeting George Alexander presented his bid for reinstatement and answered our questions. A subsequent email poll showed an overwhelming number of the people present were in favor of endorsing his reinstatement to his former position. In the coming days we will be having on-line discussions to plan a strategy and a campaign. On June 6 all interested people are invited to join us as we discuss the actions we’ve taken and plan how to move forward. Location: Fortune Society’s Castle, 630 Riverside Drive at W.140th St. 137th St. stop on the #1 train. More info on the Coalition for Fair Criminal Justice Policies meeting appears below in Article #2, or email us.
TROY:
Friday, May 29th at 7:30pm NEST prison shuttle project benefit Gospel Community Concert
Featuring Men’s Gospel Choirs from: Metropolitan NTM Mission Baptist Church, Mt. Pleasant Baptist Church, Mt. Olive Missionary Baptist Church, Bethel Baptist Church. Duryee AME Zion Church and The Troy Larger Parish Community Choir
Suggested donation: $10. (no one will be turned away)
Dessert reception will follow.
First United Presbyterian Church, 1915 Fifth Avenue, Troy, NY
For more information. call Linda at 273-5199
2. COALITION FOR FAIR CRIMINAL JUSTICE POLICIES: POLICY COMMITTEE MEETS WITH LEGISLATORS, GEORGE ALEXANDER ADDRESSES APRIL 25 GENERAL MEETING
Policy Committee Report:
On April 7 we met with key people on the staffs of Sen. Montgomery, Sen. Hassell-Thompson, and A.M. Aubry regarding the Merit Time Bills currently in the Senate Committee of Crime Victims, Crime and Corrections. We had in depth and productive discussions with each of them. We expressed our desire for legislation that is more inclusive and consistent with language used in certain sections of the Governor's Public Safety budget and the final report of the Sentencing Reform Commission. Specifically, those sections pertaining to Medical Parole (Part J of the budget) and Shock Eligibility Expansion and Six-Month Limited Time Credit (Part L), which include eligibility for the categories of crime not included in S2932/A6487. Those sections set a precedent which we believe should be used in creating a new Merit Time bill.
We proposed that the justification statement emphasize the public safety aspect of the bill. For example, the justification could highlight the fact that Merit Time is an evaluative tool to determine the level of rehabilitation a person has achieved from the beginning of his or her incarceration to the time of parole eligibility. We recognize that Merit Time also has value as a management tool, but its primary use should be to identify those who have made the life changes necessary to ensure society’s safety and the individual's successful reintegration when they return home.
We noted that the process of six-month reviews for Merit Time, to be accrued in two-month vested increments, is not included in the bills currently being considered. We view the six-month reviews as an excellent way to support the concept of focusing on rehabilitation throughout a person's incarceration. While the vesting of Merit Time could present opposition, the six-month periodic reviews are a very worthy component, particularly for those who do not have Conditional Release (which is the only group of offenders whose release dates would actually be affected by such vestment).
In general, these offices expressed a willingness to give serious consideration to our suggestions. We are hopeful another Merit Time Bill will be drafted, and that it will include all violent offenses.
Discovered in the Budget Bill:
We’ve been advocating for a risk assessment tool to predict which parole applicants offer the least risk of recidivism, and then we discovered the following has been added to Executive Law 259 A. 4 a. Here it is in context:
§ 259-A. Division of parole; functions, powers and duties. Subject to the authority of the chairman:
1. The division shall cause to be obtained and filed as soon as practicable, information as complete as may be obtainable with regard to each inmate who is received in an institution under the jurisdiction of the state department of correctional services. Such information shall include a complete statement of the crime for which the inmate has been sentenced, the circumstances of such crime, all presentence memoranda, the nature of the sentence, any orders of protection or temporary orders of protection issued against the inmate at the time of sentencing, the court in which he was sentenced, the name of the judge and district attorney and copies of such probation reports as may have been made as well as reports as to the inmate's social, physical, mental and psychiatric condition and history.
2. The division shall cause complete records to be kept of every person on presumptive release, parole, conditional release or post-release supervision. Such records shall contain the aliases and photograph of each such person, and the other information referred to in subdivision one of this section, as well as all reports of parole officers in relation to such persons. Such records shall be maintained by the division and may be made available as deemed appropriate by the chairman for use by the department of correctional services, the commissioner of mental health, the commissioner of mental retardation and developmental disabilities, the case review panel, and the attorney general pursuant to section 10.05 of the mental hygiene law, the division, and the board of parole. Such records shall be organized in accordance with methods of filing and indexing designed to insure the immediate availability of complete information about such persons.
3. The division shall have responsibility for the preparation of reports and other data required by the state board of parole in the exercise of its functions.
4. In accordance with the provisions of this chapter, the division shall supervise inmates released on parole or conditional release, or to post-release supervision, except that the division may consent to the supervision of a released inmate by the United States parole commission pursuant to the witness security act of nineteen hundred eighty-four.
4-a. To facilitate the supervision of all inmates released on parole or conditional release, or to post-release supervision, the chairman of the state board of parole shall consider the implementation of a program of graduated sanctions, including but not limited to the utilization of a risk and needs assessment instrument that would be administered to all inmates eligible for parole supervision. Such a program would include various components including approaches that concentrate supervision on new releases, alternatives to incarceration for technical parole violators and the use of enhanced technologies.
April 25th Meeting with George Alexander
There were 35 people who attended. Mr. Alexander began by giving a detailed explanation of "the computer incident" (my words). He then talked about hoping to be reinstated. He spoke of his vision for the department, and what he felt he had accomplished during his abbreviated term of office. When he finished we threw it open to questions from the audience and he spent a good amount of time responding to each question. Although our reason for being there was to determine if we would support his bid for reinstatement, many of the questions were personal, understandably, since the main reason most of us are involved in this struggle is because we want our loved ones home. I can only speak for myself, but I found his talk and his answers to be very much in line with my vision for a parole system whose purpose is to identify and support those people who have shown by their behaviors and their accomplishments that they are ready to return to their communities. Mr. Alexander sees the job of parole officers to be one of support and encouragement, rather than punishment. He believes in looking for the best in everyone, including his employees, and supporting and encouraging the best in each person he works with. He treats his staff the way he hopes they will in turn treat their clients. At the conclusion of the meeting there were many smiling faces in the room, and a line of people wanting to have their pictures taken with him.
So what now? Well, we are waiting for everyone who attended to respond to our email query about whether to endorse his bid for reinstatement. So far only 2 people have voted no. In a few days we will report on the vote, and then, if the final numbers are in favor of supporting him, we will begin a letter writing campaign. We will be reaching out to all our members and to other organizations, hoping to engage every single person in taking action. So stay tuned, and if you're not on our list, please email us.
3. ICARE REPORTS
We are pleased to report that a part of ICARE's proposed A5330 Conditional Offer of Employment Bill has been made into a stand alone bill. The bill - S.4369 - clarifies the grounds upon which an employer can deny a job to a formerly incarcerated person. It has sponsorship from Senator Hassell-Thompson and Assembly Member Aubry. The new bill, S4369 (a "same-as" Assembly bill number is forthcoming) defines ‘direct relationship’ as an immediate and substantial connection between the crime for which the person was convicted and the duties or responsibilities necessarily related to the license, opportunity, or job in question and such connection would create an unreasonable risk to property or to the safety or welfare of specific individuals or the general public upon the issuance or continuation of a license or the granting or continuation of employment of such person.
4. LEGISLATION: UPDATES ON MERIT TIME, STATUS OF SIX MONTH CREDIT ALLOWANCE; ROCKEFELLER RETROACTIVITY, AND EIGHT NEW BILLS. [To read the text of the bills visit http://public.leginfo.state.ny.us, and put the number of the bill including the letter preceding it in the search window.]
Introduction: Unless it specifically says otherwise, the following are bills that have sponsorship in both houses of the legislature and are in committee awaiting a decision whether to move them to a vote.
MERIT TIME BILLS S49/A172 and S2932/A6487 Update:
S49/A172 grants eligibility to all people in prison, except those who have Life without parole, and allows up to 1/3 off of the minimum and maximum sentence. It is not expected that S49/A172 would be able to achieve enough support from other legislators to pass. S2932/A6487 expands the existing merit time (1/7) to more people with a violent offense (including manslaughter) but it excludes A1 Violent offenses. These exclusions are not acceptable to many of us because they deny merit time to a class of people who statistically offer the lowest threat to public safety. If Merit Time is not to serve as an evaluative tool to determine who presents the best chance of a successful reintegration into society, of what use is it to protect the safety of our communities? [Another Merit Time Bill (A7564) is described later in this column.]
PENAL LAW § 803-B. SIX MONTH CREDIT TIME ALLOWANCE
Limited credit time allowances for people serving indeterminate or determinate sentences for other than murder in the first degree.
In the case of an eligible person who is subject to an indeterminate sentence with a maximum term of life imprisonment, such person shall be eligible for release six months before the completion of the minimum.
In the case of an eligible offender who is not subject to an indeterminate sentence, such offender shall be eligible for conditional release six months earlier than their maximum. The department must determine that those people have earned the full amount of good time authorized; the withholding of any good behavior time credit by the department shall render them ineligible for the credit.
In either case, the individual must also have participated in no less than two years of college programming; or obtained a masters of professional studies degree; or successfully participated as an inmate program associate for no less than two years; or received a certification from the state department of labor for his or her successful participation in an apprenticeship program; or successfully worked as an inmate hospice aid for a period of no less than two years.
No person shall have the right to demand or require the credit described above.
ROCKEFELLER DRUG LAW REFORMS; HOW DO THEY AFFECT THOSE SENTENCED UNDER THE OLD LAWS?
The Rockefeller Drug law reforms authorize discretionary resentencing of incarcerated men and women who were convicted of Class B drug offenses committed prior to January 13, 2005, and sentenced to indeterminate terms under the old sentencing law. Eligible persons (must be serving maximum terms of more than 3 years) are able to apply to the sentencing court for resentencing under the new determinate sentencing scheme. They have the right to appointed counsel and to appeal negative decisions. Some people who have a past history (within 10 years) of a violent felony, or other offense not currently eligible for Merit Time, are ineligible. For instance, someone convicted as a second violent felony offender or a persistent violent felony offender is not eligible for resentencing.
A903 / S3842 DEPARTMENT OF HEALTH OVERSIGHT
Sponsored by A.M. Richard Gottfried and Senator Thomas Duane
Would require the NYS Dept of Health to oversee and monitor HIV and Hepatitis C care in prison.
A4516-C / S3438-C DOMESTIC VIOLENCE MERIT TIME
Sponsored by A.M. Helene Weinstein and Senator Velmanette Montgomery
Serena Alfieri of the Coalition for Women Prisoners (CWP) at CCR reports that the DV Merit Time Bill didn’t make it into the budget, despite all our efforts. Currently it’s being introduced as a stand alone bill in the Senate and the Assembly with the new number noted above. It lists the eligibility criteria and allows eligible survivors of domestic violence incarcerated for crimes they committed as a result of abuse to receive merit time and early release from prison. In cases where the person has earned a certificate of earned eligibility, he or she shall be entitled to presumptive release after serving their minimum sentence.
A5462 / S2233 ADOPTION POLICIES
Sponsored by A.M. Jeffrion Aubry and Senator Velmanette Montgomery
Would give incarcerated parents and their children in foster care a more fair opportunity to work toward safe permanency options that do no involve severing family bonds forever.
A7564: MERIT TIME AND PRESUMPTIVE RELEASE FOR NON-VIOLENT INMATES
sponsored by A.M. Aubry
AN ACT to amend correction law, § 803(1)(d)(iv) to include an overall poor institutional record as a disqualification for earning a merit time allowance or presumptive release at the expiration of his or her minimum term of imprisonment. Correction Law § 803(1)(d)(iv) presently specifies that the merit time benefit will be withheld if the inmate commits a serious disciplinary infraction or was found to have filed a frivolous lawsuit. This new bill revises it so that, for example, an inmate with many different disciplinary infractions that resulted in a combined confinement total of 60 keeplock days would be ineligible for merit time, regardless of whether or not any one of the individual infractions was also separately identified as a serious disciplinary infraction.
S4365 / A3492 ACCESS TO PRESENTENCE REPORTS
Sponsored by Sen.Hassell-Thompson and A.M. Aubry
A state or local correctional facility shall provide, upon thirty days of a written request made by an individual committed to such facility, a copy of any pre-sentence investigation reports to the individual that have been prepared pursuant to section 390.20 of the criminal procedure law and are a part of its records for that individual.
S4643 / A2445 VOTING RIGHTS FOR PAROLEES
Sponsored by Sen.Hassell-Thompson and A.M. Daniel J.O'Donnell
This bill would restore voting rights to parolees, to facilitate community reintegration and participation in the civic process, rather than requiring a parolee to wait until he or she has been discharged from parole or reached the maximum expiration date of the sentence.
S4684: CHILD SUPPORT MODIFICATION
Sponsored by Sen. Hassell-Thompson
Amends the domestic relations law and the family court act, in relation to allowing modification of child support orders or judgments for persons whose income has been reduced due to incarceration.
S4687: REDRESS FROM EMPLOYMENT DISCRIMINATION
Sponsored by Sen. Hassell-Thompson
Ensures that persons illegally discriminated against by a public employer due to a prior criminal conviction unrelated to the employment sought is able to seek redress with the Division of Human Rights.
5. LIFERS AND LONGTERMERS CLEARINGHOUSE:
I was able to accept an invitation to meet with the Exodus Study Group at Eastern Correctional Facility on Friday April 10th. I've been invited to attend the Community Minded Organization event at Fishkill Correctional Facility on Saturday May 2, and I'm scheduled to attend the Lifers and Long-termers event on Saturday, May 16 at Sullivan Correctional Facility. Paperwork has been submitted to attend the Project Build Event at Green Haven Correctional Facility on Saturday May 23rd. These initial visits are for the purpose of establishing contact with approved prison organizations to determine their needs and to identify specific community-based organizations willing to provide the services.
In collaboration with Tyrone Larkins, I will be serving in the capacity of an inreach worker to make contact with approved prison organizations to determine their needs and to then identify community -based organizations willing to provide the needed services. As in-reach workers we will arrange the establishment and facilitation of the specific programs and services to the prisoner organizations (primarily lifer and long-termer organizations).
All this is a work in progress and will be discussed at my future meetings with various prisoner organizations.
-- Larry White
6. PAROLE NEWS: PART 5 OF PAROLE HANDBOOK; MARCH AND APRIL PAROLE STATISTICS; GRAZIANO MOTION TO DEPOSE PATAKI IS DENIED.
PART 5 ON THE STRUCTURE OF PAROLE, FROM THE NYS PAROLE HANDBOOK
[available online at http://parole.state.ny.us/Handbook.pdf]
WHAT DOES “MAX-OUT” MEAN? “Max-out” means that you are released from prison after serving the maximum term. This can occur in the following instances:
• You are not paroled and lose all good time;
• You are returned to prison for violating the conditions of your release with less than one year remaining on your sentence and a Parole Board decision that you be held to the maximum expiration (ME) of your sentence; or
• You refuse conditional release.
CAN ANYTHING ELSE AFFECT MY MAXIMUM EXPIRATION DATE ONCE I AM RELEASED TO PAROLE SUPERVISION?
Yes. If while under parole supervision, you are declared delinquent and your release status is revoked, your sentence time stops running and the time during which you were delinquent up to the time you were returned to a state correctional facility, is added to your current maximum expiration date. If the Board of Parole cancels delinquency, your original maximum expiration date is restored. Immediately upon being apprehended and incarcerated solely on a parole violation warrant, your time resumes running and is credited as parole jail time.
MARCH 2009 PAROLE BOARD RELEASES – A1 VIOLENT FELONS – unofficial research from parole database
[As usual, we apologize for the appearance of this report.]
Total Interviews # Released # Denied Rate of Release
15 initials 2 13 13%
91 reappearances 13 78 14%
106 total 15 91 14%
March Initial Release
Facility Sentence Offense # of Board
Arthurkill 15-Life Kidnap 1 initial
Otisville 20-Life Murder 2 Initial – deported
March Reappearances
Facility Sentence Offense # of Board Eligibility Date
Bare Hill 1?-3 Murder 2 2nd 8/8/07
Bare Hill 20-Life Murder pre 74 ?? Released 4/14
Cayuga 22-Life Murder 2 3rd 5/15/05
Collins 17-Life Murder 2 2nd 7/23/07-deported
Collins 17-Life Murder 2 5th 7/27/01
Coxsackie 15-Life Murder 2 8th 9/3/95-de novo
Fishkill 15-Life Murder 2 8th 7/24/95
Gouverneur 15-Life Murder 2 4th 7/18/03 1
Gowanda 25-Life Murder 2 2nd 7/9/07
Great Meadow 7 ?-Life Murder 2 5th 1/29/00
Great Meadow 20-Life Murder 2 7th 7/2/97
Orleans 25-Life Murder 2 2nd 7/27/07
Wende 25-Life M2 2x 4th 7/1/03
APRIL 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
April - Ferguson, Thompson
22 appearances (3 were A1VO)
2 were paroled (1 died the next day, sadly)
17 denials
3 were postponed
All denials were for 2 years
SULLIVAN ANNEX
April - Hernandez, the other 2 not reported
4 appearances (all non-violent)
3 were paroled: 1 initial, 2 Merit
1 denial on initial appearance, 2 year hold, CR’s next yr.
WOODBOURNE
April - Loomis, Ross, Hernandez
24 Appearances: 9 granted parole; 12 denied, 3 postponements
A1VO: 12 seen, 4 granted, 6 denied, 2 postponed
Of the 4 A1VOs granted, one was 15-Life, 7th board; one 15-Life, 4th board; one 17.5-Life 4th board; one 25-Life, 2nd board
GRAZIANO VS PATAKI: The Judge has denied the Plaintiffs’ (Graziano et.al) motion to compel the deposition of the Defendant, former NYS governor George E. Pataki, citing immunity for high ranking officials, which protects them from “unnecessary probing of the officials’ thought processes”, and such depositions would “likely discourage individuals from public service positions”. Justice Sabel also stated in her decision that “Pataki has offered to answer written interrogatories, and such a procedure is a reasonable middle ground.” Case 7:06-cv-00480-CS Document 121 Filed 4/27/2009
7. PRISON MEDIA: RADIO’S FANCY BROCCOLI HAS NEW HOSTS AND NEW FORMAT
FANCY BROCCOLI RADIO SHOW, WVKR 91.3 FM - Sundays - Jazz & Prison Talk, 3:00-6:00 pm
May Schedule (subject to change)
Sunday, May 3 - Eric Mayo, Motivational Speaker & Author of 'From Jail to A Job'
Sunday, May 17 - Bonnie Allen, Family Partnership Center, Discusses Re-Entry & Transition
Sunday, May 24 - Memorial Day Weekend - Committed Relationships while Incarcerated
Sunday, June 7 - Sean Pica (Formerly Incarcerated) Discusses Committed Relationships - After Prison - You Come Home... 'then what!?'
RELATIONSHIPS SERIES:
Airing on Sunday May 24 and Sunday June 7 this series will feature responses from the listening audience to the questions below or on issues not listed that they are attempting to solve themselves. The hosts will speak to the issues from the perspective of a formerly incarcerated husband (Ernest) and the wife who was with him (Kathy) for many years during that time.
RELATIONSHIP QUESTIONS:
(please respond ASAP--no later than May 19)
You may also address an issue not listed below.
1. What is the biggest obstacle you face as a married or committed couple, trying to hold your relationship together while incarcerated?
2. What are some specific issues you and your partner seem to have disagreements about frequently (from both perspectives).
3. What advice do you have for other men and women to keep their relationships and/or marriages strong?
4. What is your biggest joy of having a committed relationship with an incarcerated person?
5. Other than not being with your loved one in person, what is your biggest struggle being in a committed relationship with an incarcerated person?
6. Do you feel you will be with your loved one after he or she is released?
7. If yes, do you have an actual 'plan' for your relationship after release? Do you imagine it will change substantially from what it is now? If so, how to you think it may change?
“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 to find lots of other good interviews.
8. PRISONERS OF THE CENSUS - "IT'S SYSTEMIC DISTORTION, YOU HAVE A DISPROPORTIONATELY BLACK AND HISPANIC MALE POPULATION THAT IS COUNTED IN THE WRONG SPOT."
[This is a condensed version. For the complete article, send a request and mention the name of the article and the month of the issue]
For Prison Policy Initiative, which has analyzed the last census numbers, counting inmates in prisons distorts population numbers in New York and several other states. States and counties rely on population numbers from the census to draw their legislative districts. In New York and some other states, Republicans continue to have clout in legislatures because they are elected from safely conservative, rural districts even as those areas lose people. The exception to that population decline: inmates, whose numbers have grown because of tough mandatory sentencing laws. "It's systemic distortion," said Peter Wagner, executive director of the Massachusetts-based Prison Policy Initiative. "You have a disproportionately black and Hispanic male population that is counted in the wrong spot."
In Albany, Alice Green, founder and executive director of the Center for Law and Justice, which works on criminal justice issues, said that "when I saw the huge number of African Americans in some of these counties, I was shocked." "In Upstate New York in some of the counties, the [black] people in prison outnumber the free African Americans," said Green, who is from an Adirondack mining town and earned her doctorate in criminal justice in Albany. Because the prisoners cannot vote but are counted as constituents, she said, "they are not represented, and they are totally exploited."
"The people elected in those districts with high prison populations are more conservative and support more mass incarcerations and the existence of prisons," Green said. "They use the numbers to get elected, but they don't represent [the prisoners'] interests."
The question of how to properly count prisoners has been a long-standing concern for the NAACP. "It's been troubling us for quite some time," said Hilary O. Shelton, a vice-president and director of the Washington office. "Over 40 percent of America's prison population is African American, and we make up 13 percent of the American population," he said. "Virtually all of these prisons are outside the inner cities where most African Americans live."
The Census Bureau has no plans to change the way it counts prisoners in 2010. Spokesman Robert Bernstein said, "We're following the concept of 'usual residence' -- where the person lives and sleeps most of the time." Under the concept, as explained on the bureau's Web site, people who are temporarily away from their usual residence on Census Day -- vacationers or business travelers, for example -- will be counted as residents wherever they live "most of the time." People "without a usual residence . . . will be counted where they are staying on Census Day."
An alternative would be to count prisoners at their last known address -- an approach favored by the NAACP and New York Mayor Michael R. Bloomberg (I).
Whether temporary residents "are in a dormitory, a nursing home, student housing or a prison, they are using the infrastructure," says Elizabeth O'C. Little, a Republican state senator in a rural Upstate district containing 13 prisons -- 12 state and one federal. Besides, she said, the reason her district has so many prisons is "because no one else wanted them."
Wagner, of the Prison Policy Initiative, found in a recent analysis that seven Upstate districts would not meet the population requirement without including inmates. At a minimum, he said, the Census Bureau should disclose where the prisons are located in their tally. "This is one of the things that gives that region extra influence," he said.
Contributions to Peter Wagner's project can be made by sending a paper check to PPI, PO Box 127 Northampton MA 01061. For other communications: www.PrisonersoftheCensus.org, pwagner@prisonpolicy.org, www.prisonpolicy.org
9. TRANSPORTATION: CAPITAL DISTRICT
NEST Prison Shuttle schedule: Mt. McGregor, Washington, and Great Meadow CFs on Sat, May 2 ($35 adults, $25 children), Coxsackie, Greene, and Hudson on Sat, May 9 ($20 adults, $15 children) from Oakwood Ave Presbyt. Church parking lot, Troy at 7 AM, then to Albany Greyhound bus station at 7:15. Trip to Utica (Midstate, Marcy, Mohawk, Oneida) on Sat, May 16 leaving Troy at 5 AM. Sullivan trip (Ulster, Eastern, Woodbourne, Sullivan) on May 23 leaving at 6:30 AM ($45 adults, $30 children). Reservations: Linda O'Malley 518- 273-5199.
Free door to door rides from the Capital District: The Justice Committee at the Unitarian Church now has 3 volunteer drivers, so your chances of finding a ride just got better! If you have a loved one in prison and you have no other way of getting to see him or her, maybe we can help. Call us to find out: 518 253 7533
10. WARRENTLESS VEHICLE SEARCHES CURTAILED BY US SUPREME COURT, WITH COMMENTARY BY JAZZ HAYDEN.
Supreme Court Limits Warrantless Vehicle Searches, Mark Sherman
04-22-2009
The Supreme Court ruled Tuesday that police need a warrant to search the vehicle of someone they have arrested if the person is locked up in a patrol cruiser and poses no safety threat to officers.
The Court's 5-4 decision in a case from Arizona [ Arizona v. Gant, 07-542] puts new limits on the ability of police to search a vehicle immediately after the arrest of a suspect, particularly when the alleged offense is nothing more serious than a traffic violation. Justice John Paul Stevens said in the majority opinion that warrantless searches still may be conducted if a car's passenger compartment is within reach of a suspect who has been removed from the vehicle or there is reason to believe evidence will be found of the crime that led to the arrest.
"When these justifications are absent, a search of an arrestee's vehicle will be unreasonable unless police obtain a warrant," Stevens said.
Staff writers Robert Jablon in Los Angeles and Arthur H. Rotstein in Tucson, Ariz., contributed to the report from which the above was taken. [To request a copy of the complete article, please send us the name of this article and the month of this newsletter.]
Joseph Jazz Hayden, who sent this article to us, weighs in:
"The Supreme Court's decision on warrantless searches is major for poor communities of color. Everyday in Harlem I watch and film these warrantless searches take place twenty four hours a day. Our young men and women are stopped on traffic violations, which are only a pretext for the search, and then their bodies and vehicles are searched in public without probable cause or reasonable suspicion and, even more, in violation of the constitutional prohibition against unreasonable searches and seizures. It's amazing that in the 5-4 decision, the majority consisted of Clarence Thomas and Anthony Scalia, two of the most conservative judges on the Supreme Court. Our so called liberal judges voted against the majority. This decision should have a major impact on the stop frisk practices of police all across this nation. Prisoners should be filing appeals on their convictions if they were a result of the so-called "stop and frisk" policy. The practice of stopping our community members and searching their vehicles to look for contraband under the pretext of a traffic violation is no longer legal. Get the word out! Contact your political representatives and find out what is being done to insure that these unlawful stop and frisks brought to an end."
Joseph Jazz Hayden
info@allthingsharlem.com
WWW.ALLTHINGSHARLEM.COM
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.
You can reach us at 518 253 7533 or PrisonActionNetwork@gmail.com
POSTED MAY 26: by Prison Action Network
NY Times features PAN member, Joseph Hayden
Joseph "Jazz" Hayden is a vital resource to our cause. His news organization, Still Here Harlem Productions, filmed our 4th Family Empowerment Day last October 2008, and made it available on his website, http://allthingsharlem.com where you can view many other deeply moving stories not reported elsewhere.
On May 18th the NY Times featured Jazz and his work in their NY Region Section with a detailed story of his journey from a criminal past to a career in video journalism. Read it here.
POSTED MAY 22: From the Governor's website [http://www.state.ny.us/governor/press/press_0522096.html]
GOVERNOR PATERSON ANNOUNCES NOMINATION TO THE STATE BOARD OF PAROLE
Governor David A. Paterson today announced the nomination of Andrea D. Evans as Chair of the State Board of Parole. As Chair, Ms. Evans will also serve as Chief Executive Officer of the Division.
Ms. Evans is the current Director of the Division of Parole for Region II, an area encompassing Brooklyn, Queens and Staten Island. In this position, she oversees the operation of four Area Offices, including one located in the Queensboro Correctional Facility. Prior to this role, Ms. Evans served as Deputy Regional Director for Region I, where she managed the operation of five field offices in Bronx County.
From 2000 to 2006, Ms. Evans served as Special Assistant to the Downstate Director of Operations. From 1997-2000, she worked as an Investigator in the Division of Parole’s Office for Professional Responsibility, where she conducted investigations into allegations of professional misconduct. From 1994 to 1997, Ms. Evans was a Senior Parole Officer and served as Acting Supervisor in the Bronx Area Office. Additionally, she worked as a Parole Revocation Officer from 1990 to 1994. Ms. Evans began her career with the Division in 1986 as a Parole Officer.
Prior to joining the State Division of Parole, Ms. Evans worked for the Central Brooklyn Coordinating Council from 1979 to 1986, a community-based family services and support organization dedicated to foster care prevention.
Ms. Evans holds a B.A. in Psychology from the City College of New York.
As Chair of the State Board of Parole, Ms. Evans will receive an annual salary of $120,800. This position requires Senate confirmation.
POSTED MAY 14 by WNY Advocates for Robert Seth Hayes:
Political Prisoner, Robert Seth Hayes, is in need of support from the community. As many of you know, our friend Seth has been imprisoned since the early 1970s for his involvement in the Black Panther Party and the black liberation struggle. In spite of leading an exemplary life as a prisoner, earning himself honor block status at Wende Correctional, Seth was recently denied parole for the 5th time for the all-too-familiar excuse of the “serious nature of the crime.” As a result, Seth has decided to pursue more aggressive parole strategies, including obtaining the legal assistance of our friend Cheryl Kates who specializes in parole law. It is believed by many familiar with Seth’s case and the history of political prisoners in this state, that with a more aggressive parole team and strategy, Seth has a good chance of parole. Seth needs your help in the form of donations to secure his new legal strategy. Please give what you can to Seth’s Advocate, Nate Buckley, at 438 Massachusetts Ave., Buffalo, NY 14213, or at the next meeting of Prisoners Are People Too (5/18), and please spread the word.
For More Information on Seth, visit: http://www.sethhayes.org/
If you need to reach Nate Buckley via e-mail: buckleynate@yahoo.com.
POSTED MAY 14 by NEST
The NEST Gospel Concert: May 29th at 7:30 PM
Featuring Men's Gospel Choirs from Metropolitan NTM Mission Baptist Church, Mt. Pleasant Baptist Church, Mt. Olive Missionary Baptist Church, Bethel Baptist Church and Duryee AME Zion Church, plus the Troy Larger Parish Choir
First United Presbyterian Church, 1915 Fifth Avenue, Troy
Suggested donation: $10. Dessert reception follows. Artwork on display.
NEST (Neighbors Establishing Support in Troy) is a church mission designed to help transport family members to local prisons at costs far below public transportation.
POSTED MAY 13 by the Coalition for Fair Criminal Justice Policies:
Campaign to Reinstate George Alexander!
The Prison Action Network and the Coalition for Fair Criminal Justice Policies support George B. Alexander's bid to be reinstated as Chairman and Chief Executive Officer of the NYS Division of Parole.
If you agree please write a letter to Governor Paterson. We invite you to send your letters of support to Prison Action Network, PO Box 6355, Albany, NY 12206, attn: Gov Paterson, by May 15, and we will hand deliver them to the Governor's office sometime during the next week.
Over the years we’d become accustomed to viewing both parole and corrections as our adversaries. Our perception changed when we saw officials from these two agencies stand up to baseless attacks from Senator Nozzolio and others at a November, 2007 Senate hearing that was clearly intended to stoke public fear around parole issues. Since then, we have become more inclined to view parole and corrections as colleagues in a common struggle—the struggle to restore our communities and families and loved ones to full and positive membership in society. Thus the selection of the next person to serve as leader of the Board and Division of Parole is of vital concern to us.
We have met with George Alexander both before and after his resignation. He was the keynote speaker at our Family Empowerment Day event on October 25 2008, which was attended by more than 400 people, and at a meeting on April 25, 2009. Now that he has been exonerated of the felony charges that led to demands for his resignation - and on June 13 will have the misdemeanor charge against him expunged from the record - we believe fairness and practicality dictate his reinstatement.
It will take courage and strong leadership skills for the next Chairman and Executive Director to continue the momentum begun under Mr. Alexander's leadership. We are concerned that any other candidate might be tempted to retreat in view of what happened to him. He however, has passed that gauntlet and still supports his previous management goals. We therefore conclude that George Alexander is the best person for the job.
BUILDING BRIDGES MAY 2009
Dear Reader,
Prison Action Network has been working with the Coalition For Fair Criminal Justice Policies to develop a strategy for changing parole laws so people can no longer be denied parole solely because of the type of crime they committed. We feel there are other much more important criteria to be considered. In our discussions with experienced policy makers, we've become familiar with the Reintegrative Sentencing Model developed by the Center for Community Alternatives (CCA) and championed by ICARE. We recognize that the foundation for this concept was laid when Penal Law 1.05(6) was amended in 2006 to add a new goal, "the promotion of their (convicted person's) successful and productive reentry and reintegration into society.." to the four traditional sentencing goals of deterrence, rehabilitation, retribution and incapacitation.
We envision this model being applied to create a documented Reintegration Plan upon arrest, which would subsequently be used at every step of the process through which the accused person passes, including the bail hearing, the court's sentencing decisions, and leading to a new role for the parole board. The Reintegration Plan would be designed in partnership with the arrested person in analyzing the person's strengths and deficits to determine whether incarceration or an alternative would be most appropriate, and if incarceration, the programs deemed necessary for the person to earn release and eventual full reintegration into the community to which he or she is returned.
That of course, would require a radical restructuring of our current criminal justice process.
To encourage this shift we are suggesting that all of our proposals for improving the criminal justice system, including new Merit Time statutes and Parole Board policies be consistent with this model.
In the new paradigm, we visualize Merit Time becoming a tool to demonstrate the positive growth of a person throughout incarceration and during the reintegration process. Revisions to 259-i, governing the Parole Board's authority, would be focused on reducing the Board's sanctioning role and expanding its role in monitoring and evaluating the person's behaviors and activities during incarceration. Upon release their role would be solely to monitor and provide support until such time as the person is fully reintegrated into all aspects of the community to which he or she returned.
Be well, have hope, and please, get involved!
IN THIS ISSUE:
1. A list of things you can do to help your incarcerated loved ones
2. Coalition for Fair Criminal Justice Policies
3. ICARE reports
4. Legislation
5. Lifers and Longtermers Clearinghouse
6. Parole news
7. Prison Media
8. Prisoners of the census
9. Transportation to prisons
10. Warrentless vehicle searches curtailed
1. WHAT CAN YOU DO? HERE’S A LIST OF THINGS:
ALBANY
Tuesday May 5, 9:45am - 4:45pm Coalition for Women Prisoners’ 15th Annual ADVOCACY DAY
Join the Coalition for Women Prisoners Advocacy Day on May 5th to advocate for three bills that affect incarcerated women. You can read a description of them under Legislation, Article 5 below. A gender- specific approach to criminal justice policies and programs would provide critical support for women in prison and create a ripple effect of benefits for children, families and communities directly affected by incarceration. Please join us in this important struggle.
Meet at Emmanuel Baptist Church (275 State St., Albany) To get involved, contact Stacey Thompson, sthompson@correctionalassociation.org or 212-254-5700 x333.
Thursday, May 7th, 5:30 – 7:30pm The Center for Law & Justice
Please join with us in celebrating our new, community-based office and the opening of The Jeffrey Wood Reentry Ctr 153 S. Pearl St., “Coliseum Bldg” (just off Madison).. Light refreshments will be served.
BUFFALO:
Monday, May 18, 6:30pm - 8:30pm Prisoners Are People Too
Monthly meeting at the Pratt-Willert Community Center, 422 Pratt Street in Buffalo. This meeting will deal with a program that is new to Western New York: “Mentoring Children of Prisoners: Caregiver’s Choice.” This national initiative brings mentoring programs and children with incarcerated parents together to facilitate quality new mentoring relationships. Youth, ages 4 - 18, who have a parent in state or federal prison are eligible. In Buffalo, it is “Compeer of Greater Buffalo” which has recently received certification and final approval to lead this “Caregiver’s Choice” program in WNY. Caregivers will be able to choose from a menu of mentoring possibilities based on the child’s needs, knowing that their choice meets standards for safety and quality.
Our guest speaker will be Karen Bartkowiak who is the Director of “Compeer for Kids” and the Coordinator of “Mentoring Children of Prisoners: Caregiver’s Choice” in Buffalo. With bachelor’s and master’s degrees in psychology from Buffalo State College and SUNY Brockport respectively, she has 16 years experience as a family-based therapist, case manager, team leader, program coordinator, and project director in what she calls “offering opportunities for reducing risk and increasing assets” for children, adolescents, and adults.
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:
Tuesday May 5, 6-8pm Mass Incarceration and Democracy:
Considering the Evidence on Long Term Sentences
Moderator, Michelle Fine, Ph.D. Presenters: Kathy Boudin and Eric Waters; Mika'il DeVeaux, Carla Marquez, Felipe Vargas. Discussion led by Craig Haney, Ph.D.
CUNY Graduate Center, 365 5th Avenue, Room 9100
Thursday May 7th, at 1pm Rally to Protest the Criminalization of People with Psychiatric Disabilities
Rally at Governor Paterson's NYC Office, 633 3rd Ave. (between 40th and 41st St.s.)
People with mental illness are marginalized and punished for their disabilities and are being locked up in jails and prisons at an alarming rate. The media and the government portray people with mental illness as crazed, violent serial killers, a stigma that is damaging, untrue, and furthers the government’s justification for prisons. The reality is that people with mental illness are no more violent than anyone else and in fact, people with mental illness are more often targets of violence. People with mental illness generally serve time because of this stigma and because of the government’s unwillingness to support community based treatment options.
Come let your voices be heard!!! Can you join us to say NO to the criminalization of disabled people? This is an issue that affects all of our communities. Please spread the word to help us turn out as many people as possible. Contact: Alex Smith asmith@urbanjustice.org, 646-602-5683
Tuesday, May 12, all day R.T. trip to Albany: Community Service Society Lobby Day.
Let’s have a large Prison Action Network contingent this year. That includes you, so consider making arrangements to take the day off. Lunch and transportation provided from NYC. A good way to start learning to lobby. Busses Departing at 6:30am sharp, Returning: 7pm
For the bus departing at: Community Service Society, 105 E. 22nd Street, corner of Park Ave. South, New York, contact Gabrielle Torres-Rivera or 212-614-5306 to reserve your seat.
For the bus departing NY Fortune Academy Castle, Corner of 140th Street and Riverside Drive, New York, NY, contact Larry White or 212-691-7554 ext. 320 to reserve your seat.
Saturday June 6, 10:30am -1pm Coalition For Fair Criminal Justice Policies-NYC Chapter Meeting
At our April 25th meeting George Alexander presented his bid for reinstatement and answered our questions. A subsequent email poll showed an overwhelming number of the people present were in favor of endorsing his reinstatement to his former position. In the coming days we will be having on-line discussions to plan a strategy and a campaign. On June 6 all interested people are invited to join us as we discuss the actions we’ve taken and plan how to move forward. Location: Fortune Society’s Castle, 630 Riverside Drive at W.140th St. 137th St. stop on the #1 train. More info on the Coalition for Fair Criminal Justice Policies meeting appears below in Article #2, or email us.
TROY:
Friday, May 29th at 7:30pm NEST prison shuttle project benefit Gospel Community Concert
Featuring Men’s Gospel Choirs from: Metropolitan NTM Mission Baptist Church, Mt. Pleasant Baptist Church, Mt. Olive Missionary Baptist Church, Bethel Baptist Church. Duryee AME Zion Church and The Troy Larger Parish Community Choir
Suggested donation: $10. (no one will be turned away)
Dessert reception will follow.
First United Presbyterian Church, 1915 Fifth Avenue, Troy, NY
For more information. call Linda at 273-5199
2. COALITION FOR FAIR CRIMINAL JUSTICE POLICIES: POLICY COMMITTEE MEETS WITH LEGISLATORS, GEORGE ALEXANDER ADDRESSES APRIL 25 GENERAL MEETING
Policy Committee Report:
On April 7 we met with key people on the staffs of Sen. Montgomery, Sen. Hassell-Thompson, and A.M. Aubry regarding the Merit Time Bills currently in the Senate Committee of Crime Victims, Crime and Corrections. We had in depth and productive discussions with each of them. We expressed our desire for legislation that is more inclusive and consistent with language used in certain sections of the Governor's Public Safety budget and the final report of the Sentencing Reform Commission. Specifically, those sections pertaining to Medical Parole (Part J of the budget) and Shock Eligibility Expansion and Six-Month Limited Time Credit (Part L), which include eligibility for the categories of crime not included in S2932/A6487. Those sections set a precedent which we believe should be used in creating a new Merit Time bill.
We proposed that the justification statement emphasize the public safety aspect of the bill. For example, the justification could highlight the fact that Merit Time is an evaluative tool to determine the level of rehabilitation a person has achieved from the beginning of his or her incarceration to the time of parole eligibility. We recognize that Merit Time also has value as a management tool, but its primary use should be to identify those who have made the life changes necessary to ensure society’s safety and the individual's successful reintegration when they return home.
We noted that the process of six-month reviews for Merit Time, to be accrued in two-month vested increments, is not included in the bills currently being considered. We view the six-month reviews as an excellent way to support the concept of focusing on rehabilitation throughout a person's incarceration. While the vesting of Merit Time could present opposition, the six-month periodic reviews are a very worthy component, particularly for those who do not have Conditional Release (which is the only group of offenders whose release dates would actually be affected by such vestment).
In general, these offices expressed a willingness to give serious consideration to our suggestions. We are hopeful another Merit Time Bill will be drafted, and that it will include all violent offenses.
Discovered in the Budget Bill:
We’ve been advocating for a risk assessment tool to predict which parole applicants offer the least risk of recidivism, and then we discovered the following has been added to Executive Law 259 A. 4 a. Here it is in context:
§ 259-A. Division of parole; functions, powers and duties. Subject to the authority of the chairman:
1. The division shall cause to be obtained and filed as soon as practicable, information as complete as may be obtainable with regard to each inmate who is received in an institution under the jurisdiction of the state department of correctional services. Such information shall include a complete statement of the crime for which the inmate has been sentenced, the circumstances of such crime, all presentence memoranda, the nature of the sentence, any orders of protection or temporary orders of protection issued against the inmate at the time of sentencing, the court in which he was sentenced, the name of the judge and district attorney and copies of such probation reports as may have been made as well as reports as to the inmate's social, physical, mental and psychiatric condition and history.
2. The division shall cause complete records to be kept of every person on presumptive release, parole, conditional release or post-release supervision. Such records shall contain the aliases and photograph of each such person, and the other information referred to in subdivision one of this section, as well as all reports of parole officers in relation to such persons. Such records shall be maintained by the division and may be made available as deemed appropriate by the chairman for use by the department of correctional services, the commissioner of mental health, the commissioner of mental retardation and developmental disabilities, the case review panel, and the attorney general pursuant to section 10.05 of the mental hygiene law, the division, and the board of parole. Such records shall be organized in accordance with methods of filing and indexing designed to insure the immediate availability of complete information about such persons.
3. The division shall have responsibility for the preparation of reports and other data required by the state board of parole in the exercise of its functions.
4. In accordance with the provisions of this chapter, the division shall supervise inmates released on parole or conditional release, or to post-release supervision, except that the division may consent to the supervision of a released inmate by the United States parole commission pursuant to the witness security act of nineteen hundred eighty-four.
4-a. To facilitate the supervision of all inmates released on parole or conditional release, or to post-release supervision, the chairman of the state board of parole shall consider the implementation of a program of graduated sanctions, including but not limited to the utilization of a risk and needs assessment instrument that would be administered to all inmates eligible for parole supervision. Such a program would include various components including approaches that concentrate supervision on new releases, alternatives to incarceration for technical parole violators and the use of enhanced technologies.
April 25th Meeting with George Alexander
There were 35 people who attended. Mr. Alexander began by giving a detailed explanation of "the computer incident" (my words). He then talked about hoping to be reinstated. He spoke of his vision for the department, and what he felt he had accomplished during his abbreviated term of office. When he finished we threw it open to questions from the audience and he spent a good amount of time responding to each question. Although our reason for being there was to determine if we would support his bid for reinstatement, many of the questions were personal, understandably, since the main reason most of us are involved in this struggle is because we want our loved ones home. I can only speak for myself, but I found his talk and his answers to be very much in line with my vision for a parole system whose purpose is to identify and support those people who have shown by their behaviors and their accomplishments that they are ready to return to their communities. Mr. Alexander sees the job of parole officers to be one of support and encouragement, rather than punishment. He believes in looking for the best in everyone, including his employees, and supporting and encouraging the best in each person he works with. He treats his staff the way he hopes they will in turn treat their clients. At the conclusion of the meeting there were many smiling faces in the room, and a line of people wanting to have their pictures taken with him.
So what now? Well, we are waiting for everyone who attended to respond to our email query about whether to endorse his bid for reinstatement. So far only 2 people have voted no. In a few days we will report on the vote, and then, if the final numbers are in favor of supporting him, we will begin a letter writing campaign. We will be reaching out to all our members and to other organizations, hoping to engage every single person in taking action. So stay tuned, and if you're not on our list, please email us.
3. ICARE REPORTS
We are pleased to report that a part of ICARE's proposed A5330 Conditional Offer of Employment Bill has been made into a stand alone bill. The bill - S.4369 - clarifies the grounds upon which an employer can deny a job to a formerly incarcerated person. It has sponsorship from Senator Hassell-Thompson and Assembly Member Aubry. The new bill, S4369 (a "same-as" Assembly bill number is forthcoming) defines ‘direct relationship’ as an immediate and substantial connection between the crime for which the person was convicted and the duties or responsibilities necessarily related to the license, opportunity, or job in question and such connection would create an unreasonable risk to property or to the safety or welfare of specific individuals or the general public upon the issuance or continuation of a license or the granting or continuation of employment of such person.
4. LEGISLATION: UPDATES ON MERIT TIME, STATUS OF SIX MONTH CREDIT ALLOWANCE; ROCKEFELLER RETROACTIVITY, AND EIGHT NEW BILLS. [To read the text of the bills visit http://public.leginfo.state.ny.us, and put the number of the bill including the letter preceding it in the search window.]
Introduction: Unless it specifically says otherwise, the following are bills that have sponsorship in both houses of the legislature and are in committee awaiting a decision whether to move them to a vote.
MERIT TIME BILLS S49/A172 and S2932/A6487 Update:
S49/A172 grants eligibility to all people in prison, except those who have Life without parole, and allows up to 1/3 off of the minimum and maximum sentence. It is not expected that S49/A172 would be able to achieve enough support from other legislators to pass. S2932/A6487 expands the existing merit time (1/7) to more people with a violent offense (including manslaughter) but it excludes A1 Violent offenses. These exclusions are not acceptable to many of us because they deny merit time to a class of people who statistically offer the lowest threat to public safety. If Merit Time is not to serve as an evaluative tool to determine who presents the best chance of a successful reintegration into society, of what use is it to protect the safety of our communities? [Another Merit Time Bill (A7564) is described later in this column.]
PENAL LAW § 803-B. SIX MONTH CREDIT TIME ALLOWANCE
Limited credit time allowances for people serving indeterminate or determinate sentences for other than murder in the first degree.
In the case of an eligible person who is subject to an indeterminate sentence with a maximum term of life imprisonment, such person shall be eligible for release six months before the completion of the minimum.
In the case of an eligible offender who is not subject to an indeterminate sentence, such offender shall be eligible for conditional release six months earlier than their maximum. The department must determine that those people have earned the full amount of good time authorized; the withholding of any good behavior time credit by the department shall render them ineligible for the credit.
In either case, the individual must also have participated in no less than two years of college programming; or obtained a masters of professional studies degree; or successfully participated as an inmate program associate for no less than two years; or received a certification from the state department of labor for his or her successful participation in an apprenticeship program; or successfully worked as an inmate hospice aid for a period of no less than two years.
No person shall have the right to demand or require the credit described above.
ROCKEFELLER DRUG LAW REFORMS; HOW DO THEY AFFECT THOSE SENTENCED UNDER THE OLD LAWS?
The Rockefeller Drug law reforms authorize discretionary resentencing of incarcerated men and women who were convicted of Class B drug offenses committed prior to January 13, 2005, and sentenced to indeterminate terms under the old sentencing law. Eligible persons (must be serving maximum terms of more than 3 years) are able to apply to the sentencing court for resentencing under the new determinate sentencing scheme. They have the right to appointed counsel and to appeal negative decisions. Some people who have a past history (within 10 years) of a violent felony, or other offense not currently eligible for Merit Time, are ineligible. For instance, someone convicted as a second violent felony offender or a persistent violent felony offender is not eligible for resentencing.
A903 / S3842 DEPARTMENT OF HEALTH OVERSIGHT
Sponsored by A.M. Richard Gottfried and Senator Thomas Duane
Would require the NYS Dept of Health to oversee and monitor HIV and Hepatitis C care in prison.
A4516-C / S3438-C DOMESTIC VIOLENCE MERIT TIME
Sponsored by A.M. Helene Weinstein and Senator Velmanette Montgomery
Serena Alfieri of the Coalition for Women Prisoners (CWP) at CCR reports that the DV Merit Time Bill didn’t make it into the budget, despite all our efforts. Currently it’s being introduced as a stand alone bill in the Senate and the Assembly with the new number noted above. It lists the eligibility criteria and allows eligible survivors of domestic violence incarcerated for crimes they committed as a result of abuse to receive merit time and early release from prison. In cases where the person has earned a certificate of earned eligibility, he or she shall be entitled to presumptive release after serving their minimum sentence.
A5462 / S2233 ADOPTION POLICIES
Sponsored by A.M. Jeffrion Aubry and Senator Velmanette Montgomery
Would give incarcerated parents and their children in foster care a more fair opportunity to work toward safe permanency options that do no involve severing family bonds forever.
A7564: MERIT TIME AND PRESUMPTIVE RELEASE FOR NON-VIOLENT INMATES
sponsored by A.M. Aubry
AN ACT to amend correction law, § 803(1)(d)(iv) to include an overall poor institutional record as a disqualification for earning a merit time allowance or presumptive release at the expiration of his or her minimum term of imprisonment. Correction Law § 803(1)(d)(iv) presently specifies that the merit time benefit will be withheld if the inmate commits a serious disciplinary infraction or was found to have filed a frivolous lawsuit. This new bill revises it so that, for example, an inmate with many different disciplinary infractions that resulted in a combined confinement total of 60 keeplock days would be ineligible for merit time, regardless of whether or not any one of the individual infractions was also separately identified as a serious disciplinary infraction.
S4365 / A3492 ACCESS TO PRESENTENCE REPORTS
Sponsored by Sen.Hassell-Thompson and A.M. Aubry
A state or local correctional facility shall provide, upon thirty days of a written request made by an individual committed to such facility, a copy of any pre-sentence investigation reports to the individual that have been prepared pursuant to section 390.20 of the criminal procedure law and are a part of its records for that individual.
S4643 / A2445 VOTING RIGHTS FOR PAROLEES
Sponsored by Sen.Hassell-Thompson and A.M. Daniel J.O'Donnell
This bill would restore voting rights to parolees, to facilitate community reintegration and participation in the civic process, rather than requiring a parolee to wait until he or she has been discharged from parole or reached the maximum expiration date of the sentence.
S4684: CHILD SUPPORT MODIFICATION
Sponsored by Sen. Hassell-Thompson
Amends the domestic relations law and the family court act, in relation to allowing modification of child support orders or judgments for persons whose income has been reduced due to incarceration.
S4687: REDRESS FROM EMPLOYMENT DISCRIMINATION
Sponsored by Sen. Hassell-Thompson
Ensures that persons illegally discriminated against by a public employer due to a prior criminal conviction unrelated to the employment sought is able to seek redress with the Division of Human Rights.
5. LIFERS AND LONGTERMERS CLEARINGHOUSE:
I was able to accept an invitation to meet with the Exodus Study Group at Eastern Correctional Facility on Friday April 10th. I've been invited to attend the Community Minded Organization event at Fishkill Correctional Facility on Saturday May 2, and I'm scheduled to attend the Lifers and Long-termers event on Saturday, May 16 at Sullivan Correctional Facility. Paperwork has been submitted to attend the Project Build Event at Green Haven Correctional Facility on Saturday May 23rd. These initial visits are for the purpose of establishing contact with approved prison organizations to determine their needs and to identify specific community-based organizations willing to provide the services.
In collaboration with Tyrone Larkins, I will be serving in the capacity of an inreach worker to make contact with approved prison organizations to determine their needs and to then identify community -based organizations willing to provide the needed services. As in-reach workers we will arrange the establishment and facilitation of the specific programs and services to the prisoner organizations (primarily lifer and long-termer organizations).
All this is a work in progress and will be discussed at my future meetings with various prisoner organizations.
-- Larry White
6. PAROLE NEWS: PART 5 OF PAROLE HANDBOOK; MARCH AND APRIL PAROLE STATISTICS; GRAZIANO MOTION TO DEPOSE PATAKI IS DENIED.
PART 5 ON THE STRUCTURE OF PAROLE, FROM THE NYS PAROLE HANDBOOK
[available online at http://parole.state.ny.us/Handbook.pdf]
WHAT DOES “MAX-OUT” MEAN? “Max-out” means that you are released from prison after serving the maximum term. This can occur in the following instances:
• You are not paroled and lose all good time;
• You are returned to prison for violating the conditions of your release with less than one year remaining on your sentence and a Parole Board decision that you be held to the maximum expiration (ME) of your sentence; or
• You refuse conditional release.
CAN ANYTHING ELSE AFFECT MY MAXIMUM EXPIRATION DATE ONCE I AM RELEASED TO PAROLE SUPERVISION?
Yes. If while under parole supervision, you are declared delinquent and your release status is revoked, your sentence time stops running and the time during which you were delinquent up to the time you were returned to a state correctional facility, is added to your current maximum expiration date. If the Board of Parole cancels delinquency, your original maximum expiration date is restored. Immediately upon being apprehended and incarcerated solely on a parole violation warrant, your time resumes running and is credited as parole jail time.
MARCH 2009 PAROLE BOARD RELEASES – A1 VIOLENT FELONS – unofficial research from parole database
[As usual, we apologize for the appearance of this report.]
Total Interviews # Released # Denied Rate of Release
15 initials 2 13 13%
91 reappearances 13 78 14%
106 total 15 91 14%
March Initial Release
Facility Sentence Offense # of Board
Arthurkill 15-Life Kidnap 1 initial
Otisville 20-Life Murder 2 Initial – deported
March Reappearances
Facility Sentence Offense # of Board Eligibility Date
Bare Hill 1?-3 Murder 2 2nd 8/8/07
Bare Hill 20-Life Murder pre 74 ?? Released 4/14
Cayuga 22-Life Murder 2 3rd 5/15/05
Collins 17-Life Murder 2 2nd 7/23/07-deported
Collins 17-Life Murder 2 5th 7/27/01
Coxsackie 15-Life Murder 2 8th 9/3/95-de novo
Fishkill 15-Life Murder 2 8th 7/24/95
Gouverneur 15-Life Murder 2 4th 7/18/03 1
Gowanda 25-Life Murder 2 2nd 7/9/07
Great Meadow 7 ?-Life Murder 2 5th 1/29/00
Great Meadow 20-Life Murder 2 7th 7/2/97
Orleans 25-Life Murder 2 2nd 7/27/07
Wende 25-Life M2 2x 4th 7/1/03
APRIL 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
April - Ferguson, Thompson
22 appearances (3 were A1VO)
2 were paroled (1 died the next day, sadly)
17 denials
3 were postponed
All denials were for 2 years
SULLIVAN ANNEX
April - Hernandez, the other 2 not reported
4 appearances (all non-violent)
3 were paroled: 1 initial, 2 Merit
1 denial on initial appearance, 2 year hold, CR’s next yr.
WOODBOURNE
April - Loomis, Ross, Hernandez
24 Appearances: 9 granted parole; 12 denied, 3 postponements
A1VO: 12 seen, 4 granted, 6 denied, 2 postponed
Of the 4 A1VOs granted, one was 15-Life, 7th board; one 15-Life, 4th board; one 17.5-Life 4th board; one 25-Life, 2nd board
GRAZIANO VS PATAKI: The Judge has denied the Plaintiffs’ (Graziano et.al) motion to compel the deposition of the Defendant, former NYS governor George E. Pataki, citing immunity for high ranking officials, which protects them from “unnecessary probing of the officials’ thought processes”, and such depositions would “likely discourage individuals from public service positions”. Justice Sabel also stated in her decision that “Pataki has offered to answer written interrogatories, and such a procedure is a reasonable middle ground.” Case 7:06-cv-00480-CS Document 121 Filed 4/27/2009
7. PRISON MEDIA: RADIO’S FANCY BROCCOLI HAS NEW HOSTS AND NEW FORMAT
FANCY BROCCOLI RADIO SHOW, WVKR 91.3 FM - Sundays - Jazz & Prison Talk, 3:00-6:00 pm
May Schedule (subject to change)
Sunday, May 3 - Eric Mayo, Motivational Speaker & Author of 'From Jail to A Job'
Sunday, May 17 - Bonnie Allen, Family Partnership Center, Discusses Re-Entry & Transition
Sunday, May 24 - Memorial Day Weekend - Committed Relationships while Incarcerated
Sunday, June 7 - Sean Pica (Formerly Incarcerated) Discusses Committed Relationships - After Prison - You Come Home... 'then what!?'
RELATIONSHIPS SERIES:
Airing on Sunday May 24 and Sunday June 7 this series will feature responses from the listening audience to the questions below or on issues not listed that they are attempting to solve themselves. The hosts will speak to the issues from the perspective of a formerly incarcerated husband (Ernest) and the wife who was with him (Kathy) for many years during that time.
RELATIONSHIP QUESTIONS:
(please respond ASAP--no later than May 19)
You may also address an issue not listed below.
1. What is the biggest obstacle you face as a married or committed couple, trying to hold your relationship together while incarcerated?
2. What are some specific issues you and your partner seem to have disagreements about frequently (from both perspectives).
3. What advice do you have for other men and women to keep their relationships and/or marriages strong?
4. What is your biggest joy of having a committed relationship with an incarcerated person?
5. Other than not being with your loved one in person, what is your biggest struggle being in a committed relationship with an incarcerated person?
6. Do you feel you will be with your loved one after he or she is released?
7. If yes, do you have an actual 'plan' for your relationship after release? Do you imagine it will change substantially from what it is now? If so, how to you think it may change?
“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 to find lots of other good interviews.
8. PRISONERS OF THE CENSUS - "IT'S SYSTEMIC DISTORTION, YOU HAVE A DISPROPORTIONATELY BLACK AND HISPANIC MALE POPULATION THAT IS COUNTED IN THE WRONG SPOT."
[This is a condensed version. For the complete article, send a request and mention the name of the article and the month of the issue]
For Prison Policy Initiative, which has analyzed the last census numbers, counting inmates in prisons distorts population numbers in New York and several other states. States and counties rely on population numbers from the census to draw their legislative districts. In New York and some other states, Republicans continue to have clout in legislatures because they are elected from safely conservative, rural districts even as those areas lose people. The exception to that population decline: inmates, whose numbers have grown because of tough mandatory sentencing laws. "It's systemic distortion," said Peter Wagner, executive director of the Massachusetts-based Prison Policy Initiative. "You have a disproportionately black and Hispanic male population that is counted in the wrong spot."
In Albany, Alice Green, founder and executive director of the Center for Law and Justice, which works on criminal justice issues, said that "when I saw the huge number of African Americans in some of these counties, I was shocked." "In Upstate New York in some of the counties, the [black] people in prison outnumber the free African Americans," said Green, who is from an Adirondack mining town and earned her doctorate in criminal justice in Albany. Because the prisoners cannot vote but are counted as constituents, she said, "they are not represented, and they are totally exploited."
"The people elected in those districts with high prison populations are more conservative and support more mass incarcerations and the existence of prisons," Green said. "They use the numbers to get elected, but they don't represent [the prisoners'] interests."
The question of how to properly count prisoners has been a long-standing concern for the NAACP. "It's been troubling us for quite some time," said Hilary O. Shelton, a vice-president and director of the Washington office. "Over 40 percent of America's prison population is African American, and we make up 13 percent of the American population," he said. "Virtually all of these prisons are outside the inner cities where most African Americans live."
The Census Bureau has no plans to change the way it counts prisoners in 2010. Spokesman Robert Bernstein said, "We're following the concept of 'usual residence' -- where the person lives and sleeps most of the time." Under the concept, as explained on the bureau's Web site, people who are temporarily away from their usual residence on Census Day -- vacationers or business travelers, for example -- will be counted as residents wherever they live "most of the time." People "without a usual residence . . . will be counted where they are staying on Census Day."
An alternative would be to count prisoners at their last known address -- an approach favored by the NAACP and New York Mayor Michael R. Bloomberg (I).
Whether temporary residents "are in a dormitory, a nursing home, student housing or a prison, they are using the infrastructure," says Elizabeth O'C. Little, a Republican state senator in a rural Upstate district containing 13 prisons -- 12 state and one federal. Besides, she said, the reason her district has so many prisons is "because no one else wanted them."
Wagner, of the Prison Policy Initiative, found in a recent analysis that seven Upstate districts would not meet the population requirement without including inmates. At a minimum, he said, the Census Bureau should disclose where the prisons are located in their tally. "This is one of the things that gives that region extra influence," he said.
Contributions to Peter Wagner's project can be made by sending a paper check to PPI, PO Box 127 Northampton MA 01061. For other communications: www.PrisonersoftheCensus.org, pwagner@prisonpolicy.org, www.prisonpolicy.org
9. TRANSPORTATION: CAPITAL DISTRICT
NEST Prison Shuttle schedule: Mt. McGregor, Washington, and Great Meadow CFs on Sat, May 2 ($35 adults, $25 children), Coxsackie, Greene, and Hudson on Sat, May 9 ($20 adults, $15 children) from Oakwood Ave Presbyt. Church parking lot, Troy at 7 AM, then to Albany Greyhound bus station at 7:15. Trip to Utica (Midstate, Marcy, Mohawk, Oneida) on Sat, May 16 leaving Troy at 5 AM. Sullivan trip (Ulster, Eastern, Woodbourne, Sullivan) on May 23 leaving at 6:30 AM ($45 adults, $30 children). Reservations: Linda O'Malley 518- 273-5199.
Free door to door rides from the Capital District: The Justice Committee at the Unitarian Church now has 3 volunteer drivers, so your chances of finding a ride just got better! If you have a loved one in prison and you have no other way of getting to see him or her, maybe we can help. Call us to find out: 518 253 7533
10. WARRENTLESS VEHICLE SEARCHES CURTAILED BY US SUPREME COURT, WITH COMMENTARY BY JAZZ HAYDEN.
Supreme Court Limits Warrantless Vehicle Searches, Mark Sherman
04-22-2009
The Supreme Court ruled Tuesday that police need a warrant to search the vehicle of someone they have arrested if the person is locked up in a patrol cruiser and poses no safety threat to officers.
The Court's 5-4 decision in a case from Arizona [ Arizona v. Gant, 07-542] puts new limits on the ability of police to search a vehicle immediately after the arrest of a suspect, particularly when the alleged offense is nothing more serious than a traffic violation. Justice John Paul Stevens said in the majority opinion that warrantless searches still may be conducted if a car's passenger compartment is within reach of a suspect who has been removed from the vehicle or there is reason to believe evidence will be found of the crime that led to the arrest.
"When these justifications are absent, a search of an arrestee's vehicle will be unreasonable unless police obtain a warrant," Stevens said.
Staff writers Robert Jablon in Los Angeles and Arthur H. Rotstein in Tucson, Ariz., contributed to the report from which the above was taken. [To request a copy of the complete article, please send us the name of this article and the month of this newsletter.]
Joseph Jazz Hayden, who sent this article to us, weighs in:
"The Supreme Court's decision on warrantless searches is major for poor communities of color. Everyday in Harlem I watch and film these warrantless searches take place twenty four hours a day. Our young men and women are stopped on traffic violations, which are only a pretext for the search, and then their bodies and vehicles are searched in public without probable cause or reasonable suspicion and, even more, in violation of the constitutional prohibition against unreasonable searches and seizures. It's amazing that in the 5-4 decision, the majority consisted of Clarence Thomas and Anthony Scalia, two of the most conservative judges on the Supreme Court. Our so called liberal judges voted against the majority. This decision should have a major impact on the stop frisk practices of police all across this nation. Prisoners should be filing appeals on their convictions if they were a result of the so-called "stop and frisk" policy. The practice of stopping our community members and searching their vehicles to look for contraband under the pretext of a traffic violation is no longer legal. Get the word out! Contact your political representatives and find out what is being done to insure that these unlawful stop and frisks brought to an end."
Joseph Jazz Hayden
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.
You can reach us at 518 253 7533 or PrisonActionNetwork@gmail.com
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