February 01, 2014

Current material on parole

For excellent sources of current material on parole and the need for parole reform please see:

*  Building Bridges, the monthly newsletter of the Prison Action Network. Contains up to date news, campaigns, reports and statistics on parole, as well as regular updates on the progress of the 
Safe and Fair Evaluations (SAFE) Parole Act from the NYS Parole Reform Campaign.

*  Petition for change, by The Riverside Church Prison Ministry:
Governor Andrew Cuomo: ESTABLISH A COMMISSION ON PAROLE TO END PAROLE ABUSES AND REUNITE FAMILIES 

*  New York's Broken Parole System (New York Times, February 16 2014)

*  Public Comments in Support of Parole Reform (Correctional Association of New York, January 2014)


Testimonies from the New York State Assembly Committee on Correction's Public Hearing on Parole Reform, December 4 2013:

*  Professor Philip Genty Testifies on Parole Procedures Before State Assembly's Correction Committee (Columbia Law School, December 6 2013) Includes full text of Professor Genty's testimony 
before the New York State Assembly Committee on Correction on December 4 2013

Parole Review Process Has Serious Shortcomings, by Scott Paltrowitz (Correctional Association of New York, December 6 2013) Includes full text of the Correctional Association's testimony before the New York State Assembly Committee on Correction on December 4 2013

*  Advocates Recite Shortcomings of N.Y. Parole Review Process, by John Caher (New York Law Journal, December 5 2013)

*  Testimony of Mujahid Farid, head of the Release of Aging People in Prison (RAPP) Campaign, before the New York State Assembly Committee on Correction on December 4 2013

*  Testimony of Tina M. Stanford, Chairwoman NYS Board of Parole, before the NYS Assembly Standing Committee on Correction, Wednesday December 4 2013

*  Testimony of Anthony J. Annucci, Acting Commissioner NYS Department of Corrections and Community Supervision, before the NYS Assembly Standing Committee on Correction, Wednesday December 4 2013

September 25, 2013

Building Bridges - September/October 2013 edition

The September/October edition of Building Bridges has been issued by the Prison Action Network.

Prison Action Network's brief summary is given below. Please see Building Bridges for full details and their current news about parole, ways to help and become involved.

Summaries of articles:

1.  Parole News: August releases; News about former parole board member and chair Robert Dennison’s advocacy for certain parole applicants.
     
2.  NYS Parole Reform Campaign reports on the growing energy around the SAFE Parole Act; unveils new and easy Weekly Action readers can join.
     
3.  Ending Parole Abuse - Reuniting Families; a Campaign to Overhaul New York’s Parole System encourages public participation and invites us to their gala Kick-off event on November 8.
     
4.  We can do it! Inspiration from FAMM’s experience.

5.  End Mass Incarceration Convergence puts Prisoner Justice Network solidly on the map.
     
6.  Release Aging People from Prison (RAPP) unveils petition drive on WBAI’s Law and Disorder show.

7.  Religion, Abolition, Mass Incarceration seminar on October 4-5 includes speakers from RAPP.
   
8.  Bookends, an evening of performances inspired by incarcerated parents and grandparents, to be presented in Albany by Prison Legal Services.
     
9.  Michelle Alexander is expanding her focus to include a radical restructuring of society.
     
10.  Education from the Inside Out is beginning a new season of working to remove the barriers that keep our youth and people with criminal records uneducated.
   
11.  Part 3 in Baba Eng’s address to Building Bridges readers in which he looks at who's responsible and who is going to do something about our failed criminal justice system.

12.  Forty-two years after the Attica rebellion Prisoners Are People Too takes a look at what has changed (or not) over the four decades since then.
   
13.  Corey Parks: The race for quality has no finish line. There is always room for more improvement.

14.  Small Business Legal Academy offers free consulting day.

15.  Special screening of Herman’s House at CSS. Petition to grant him compassionate release.

August 25, 2013

Building Bridges - August/September 2013 edition

The August/September edition of Building Bridges has been issued by the Prison Action Network.

Prison Action Network's brief summary is given below. Please see Building Bridges for full details and their current news about parole, ways to help and become involved.

1.  Parole releases are averaging close to 26% for both initials and reappearances; Building Bridges gives a list of current parole commissioners and their biographies. 

In other parole news, the following is a brief summary from the highly recommended report, Parole Release Decisions and the Rule of Law, by Alan Rosenthal and Patricia Warth (Atticus, Summer 2013, Vol. 25, No. 2, p. 10-16):
"In response to the amendment of Executive Law § 259-c(4) the Parole Board took no action to establish written procedures, instead apparently relying upon the "Evans' Memo" to suffice. Upon inspection and investigation of this memo a simple truth emerges. The memo does not contain the procedures required to satisfy the 2011 amendment and it has not been promulgated by proper filing with the Department of State, the Secretary of State, or publication in the state register. Therefore any action taken by the Parole Board to deny parole to any person coming before it would be made in violation of Executive Law § 259-c(4) because it would have been made without first establishing or following proper procedures, thus inviting judicial annulment."
2.  Only four Criminal Justice bills that the Prison Action Network were following made it into law. None of them targets a subset of the prison population, and two increase benefits to victims.

3.  The campaign to overhaul NY’s failed parole system is moving forward with a meeting on September 7 to begin planning the year’s events.

4.  NYS Prisoner Justice Network takes a cautious look at the Stop and Frisk judicial decision and A.G. Holder’s speech calling for federal prison reforms.

5.  DOCCS is denying more and more women entry to the Bedford Hills' prison nursery, particularly women who have been convicted of violent crimes and women who have had child welfare involvement with other children.

6.  Merle Cooper petition signatures reach 845. There are six days left to at least be counted among those who think DOCCS should maintain programs that have proven track records.

7.  College degree program at Albion C.F. to start this summer, thanks to a $200,000 grant from the Sunshine Lady.

8.  Baba Eng follows the thread from Black Codes > criminal justice system > criminal codes > Emancipation Proclamation > 13th amendment with its exception > vagrancy (and other) laws to catch up Freed Blacks.

9.  Black August: In remembrance of Jonathan Jackson, brother of George Jackson, Mujahid Farid, the featured speaker at this month’s Prisoners Are People Too meeting, will consider how the fate of Jonathan ties into issues of juvenile justice.

10.  Corey Parks wants to convince you of your ability to become a leader after you come home.

11.  ReEntry Roundtable Wed. Sept 18, 1-3pm, "Broken On All Sides" documentary.

July 25, 2013

Building Bridges - July/August 2013 edition

The July/August edition of Building Bridges has been issued by the Prison Action Network.

Prison Action Network's brief summary is given below. Please see Building Bridges for full details and their current news about parole, including updates about the NYS Parole Reform Campaign, ways to help and become involved.

1.  Parole News - June releases, the First Department of NYS Supreme Court's Appellate Division overrules Judge Huff's ruling in the case of Kozlowski v. NYS Board of Parole.

2.  Parole Reform Campaign - The Prison Ministry of the Riverside Church in New York City will launch their year-long campaign to  overhaul New York's failed parole policies and practices with a weekend of inspiring performances, workshops, and worship. SAVE THE DATE: Nov 8-10. [To participate, please contact Sheila Rule, or call her at 877-267-2303.]

3.  The status of the SAFE Parole Act after two Legislative Sessions.

4.  Legislative Report on the status of the six bills, among those the Prison Action Network has been following, which passed in both houses.

5.  Don't give up on Merle Cooper! Click here to sign the petition.

6.  Prisoner Justice Network shines the light on the many struggles to put criminal justice and injustice on everyone's radar, nationally and globally. This visibility gives justice activists and advocates an opening to get out the truth about over-incarceration, racial targeting, and abusive prison conditions, and to organize for change and justice.

7.  Ageing in Prison, a report by Karima Amin. Everyone loves grandma… and grandpa too. But when incarceration enters the mix, love and respect often disappear and attitudes change. This will be the topic at the next meeting of Prisoners Are People Too, on Monday, July 29 at 6:30pm.

8.  Corey's Column: Your mind-set is the biggest challenge in succeeding at reintegration.

9.  Hip-Hop for Prisoner Justice features artists from around the world to promote justice for prisoners. In Troy NY at Freedom Square, Saturday August 3, 5pm - 8:30pm.

10.  Capital Region RJ Conference will discuss the effectiveness of restorative justice circles in both minor and serious criminal cases. September 20, 9am - 4pm in Saratoga Springs.

11.  Baba Eng's message to us: A shift in perspective and paradigm is required to meaningfully address the effect(s) of the unjust application of criminal justice.

12.  An updated, easy to understand, one page description of the SAFE Parole Act is available. If you would like a copy, please contact the Prison Action Network at prisonactionnetwork@gmail.com.

July 04, 2013

Methodologies of Psychological Abuse from Auschwitz to Attica, by John MacKenzie

A thoughtful commentary on the hopelessness and despair caused by the New York State parole system.

Preface:

"Every prisoner with a sensitive nature suffers much more from unjust, malicious and intended psychological abuse than from physical abuse. He perceives it to be much more humiliating and depressing than any physical abuse."

"They all easily survived the hard part of camp life because they had a "reasonable assurance" that they would be free again after their time was up. There was no set prison term for political prisoners. It depended on factors, which were unpredictable.1 The prisoners knew this and that's why they suffered so much, and because of this uncertainty, life in the camp became torture for them. I spoke to many intelligent and perceptive political prisoners about this uncertainty. They all said that they could suffer all the indignities of camp life, such as the impulsiveness of the SS guards or the prison seniors in charge, the harsh discipline, living together in close quarters, the monotony of all the daily routines; all of that could be endured, all of that could be overcome, but not the uncertainty of not knowing how long they would remain in the camp. This was the most crushing blow, which paralyzed even the strongest will. From my observation, the unknown length of the sentence and its depending on the whim of low-ranking officials exerted the strongest and the most negative influence on the mental health of the prisoners." (Death Dealer – The Memoirs of the SS Kommandant at Auschwitz – Rudolph Höss – Schutzstaffel)

Commentary: 

As stated in Death Dealer, there was "reasonable assurance" that they [the prisoners] would be free again after their time was up. That belief was further advanced by the German propaganda phrase, "Work Shall Set You Free," which was conspicuously displayed over the main entrance to Auschwitz. The term "reasonable assurance" also bears a striking resemblance to the current term "reasonable probability" used in the parole statute and the term "reasonable expectation" used in other sections of the parole laws. Likewise, after comparing the effect of not knowing when one will be free with the consistent denial of parole based on the one factor that will never change, one has to wonder whether the same method of psychological torture is being systematically applied to those serving life sentences. New York prisoners generally suffer the same indignities of prison life: the pettiness, the arbitrary enforcement of rules by prison guards, the harsh discipline, living in close quarters, the monotony of repetitious daily routines, lack of meaningful choices, loneliness, ad nauseam. All of that can be endured and overcome, but New York State prisoners cannot endure the uncertainty of not knowing how long they will remain in prison.

They cannot cope with the uncertainty of not knowing when, if ever, they will be granted parole. This is a crushing blow that paralyzes even the strongest will. The unknown length of the sentence, especially after one has fulfilled all program requirements and conformed to rules and regulations, is particularly frustrating. One's freedom becomes dependent on the whim of parole commissioners; consequently these factors exert the strongest and the most negative influence on the mental health and stability of the prisoner.

Two concepts conveyed by "The uncertainty of not knowing when..." and "Without knowledge of what will be measured..."2 clearly demonstrate that both elements affect the emotional stability and overall well-being of those hoping for parole (freedom). It would also appear these terms are synonymous with the arbitrary and capricious (whim) standard of review and contribute to paralyzing even those with the strongest of will. As Davis states: "One can imagine nothing more cruel, inhuman and frustrating." Further exacerbating an already debilitating situation is not being provided with detailed reasons for the denial of parole. Not being told what one must do to improve chances of parole is not only against the legislative intent, but also contributes significantly to the emotional stress that is detrimental to one's overall mental health and well-being. Together, both of these factors amount to cruel and inhuman punishment and are contributing factors in the deteriorations of one's mental stability and serve only to foster hopelessness. It would be well to take heed of what Kenneth Culp Davis teaches: "Where law ends tyranny begins. I think that in our system of government, where law ends tyranny need not begin. Where law ends, discretion begins, and the exercise of discretion may mean either beneficence, or tyranny, either justice or injustice, either reasonableness or arbitrariness." Davis, Discretionary Justice, 3 (1969).

It would seem that history has taught us nothing about how we should treat people in a civilized society – even those being held in prison. If society wishes to rehabilitate as well as punish wrongdoers through imprisonment, then society must also ensure that "punishment" never crosses the line over to "torture." Society – through its lawmakers – must bear the responsibility of tempering justice with mercy. Giving a man legitimate hope is a laudable goal; giving him false hope is utterly inhuman.

.....................................
Notes:
1 Compare indeterminate sentences with a minimum of 15 years up to and including 25 years with a maximum of Life. Also note that contemporary laws allow for a sentence of life without parole. The distinction being with an indeterminate sentence of 25 years to life, one has a [reasonable] expectation of parole once the minimum term is served, providing program requirements have been met and one maintains a good disciplinary record. Unfortunately, the current trend is to continually deny parole even after meeting all the requirements, thus one's release is unpredictable.
2 "One can imagine nothing more cruel, inhuman, and frustrating than serving a prison term without knowledge of what will be measured and the rules determining whether one is ready for release. The probability of release on parole having been held out to most prisoners and the possibility of release to the balance, fundamental fairness would seem to dictate that rather than subject a prisoner who is denied parole to the inhumanity of ignorance the state should as a minimum due process provide him with the reasons." Davis, Discretionary Justice, 132 (1969).

July 03, 2013

New York State Parole Board Members

Current members of the New York State Board of Parole, updated to include those appointed on June 19 2013:

Stanford, Tina, Chairwoman

Alexander, Ellen
Coppola, Marc
Crangle, Joseph
Elovich, Lisa Beth
Ferguson, James
Hallerdin, Gail
Hernandez, Christina
Johnson, Milton
Ludlow, G. Kevin
Sharkey, Edward
Smith, Julie
Smith, Walter Wm., Jr.
Thompson, Sally

June 29, 2013

Appellate Court Judge is admonished over letter to Parole Board

The New York State Commission on Judicial Conduct has determined that Nancy E. Smith, a Justice of the Appellate Division, Fourth Department, should be admonished for sending an unsolicited letter on behalf of an inmate who was applying for parole.

The Commission said Smith sent an unsolicited letter on her judicial stationery to a parole board indicating that the inmate was a 'friend' and 'good person' who deserved release. In fact, while Smith had corresponded with the inmate, she never met him and her only connection to the matter was that her brother-in-law's sister is a friend of the defendant's mother.

Commission Administrator Robert H. Tembeckjian made the following statement: "This marks the first time the Commission has publicly disciplined an Appellate Division Justice, whose high rank should have made her especially sensitive to setting an example and obeying the ethics rules."

For further details:
Admonition of Appellate Division Justice Nancy E. Smith, Fourth Department (Rochester) June 28 2013
Appellate Justice Is Faulted Over Letter to Parole Board, by John Caher (New York Law Journal, July 1 2013)
In a first, Appellate Division justice is admonished, by Rick Karlin (Times Union Capitol, June 28 2013)