December 26, 2008

Criminal allegations against two members of the NYS Parole Board

Astounding criminal allegations against two members of the NYS Parole Board:

State Parole Division Chairman George B. Alexander resigned on December 18th amid allegations that he stole a laptop computer from his previous job in Buffalo. Former Parole Board Chairman George B. Alexander is being prosecuted on felony charges by Attorney General Andrew Cuomo. Until an acting or new chairman is designated, executive director Felix Rosa been asked to manage the day-to-day affairs of the Division.

State Parole Board Commissioner Chris Ortloff resigned from the Parole Board after his arrest on October 13th on federal charges of attempting to solicit sex with minors. Update on December 26th: "Former state Assemblyman George C. ''Chris'' Ortloff pleaded guilty in federal court on Wednesday morning to a felony charge in connection with his attempt to have sex with what he believed were two sisters, ages 11 and 12. Ortloff, a former member of the state Parole Board, pleaded guilty to a single count of online enticement of minors. The conviction carries a minimum 10-year prison sentence and a maximum of life in prison. By signing the plea agreement with federal prosecutors, Ortloff avoided indictment and accepted responsibility for his crimes. The government, in turn, agreed to recommend a reduced sentence..." (full story...)

See also:
The Ortloff Affidavit: includes the Motion for Pretrial Detention. (wcax.com, Plattsburgh, New York, October 16 2008.)
Ortloff's release shocks one's conscience: commentary by June Maxam. (North Country Gazette, December 25th 2008.)
Sexual predator Ortloff will get pension: Constitution shields former lawmaker, admitted sex criminal, by Denise A. Raymo. (Press-Republican, Plattsburgh, December 31 2008.)

December 01, 2008

Update on Shu'aib A. Raheem's rescission hearing

Update on the September 5th rescission hearing of Shu'aib A. Raheem, from the Prison Action Network:

"Shu'aib was represented by NYC lawyer Lawrence Stern, who has been representing him since doing his trial appeal years ago. The judge denied Shu'aib Raheem's petition on the grounds that the Parole Board is empowered to reconsider its parole decisions without regard to time limits and the underlying rationale as long as the victims did not take advantage of the opportunities afforded them prior to the decision to make impact statements. His lawyer has filed a Notice of Appeal to the Appellate Division, 3rd Dept. The appeal will take several months, and the reconsideration hearing has been postponed until the appeal is decided."

(The Parole Board's approval of the release of Shu'aib A. Raheem was the turning point that led the State to withdraw from the tentative settlement in the Graziano v. Pataki case and precipitated this rescission hearing for Mr. Raheem.)

November 06, 2008

Family Empowerment Day 4/NYC

See Building Bridges for the Prison Action Network's report on Family Empowerment Day 4/NYC, including the keynote address by George B. Alexander, Chairman of the NYS Division of Parole.

November 04, 2008

Graziano v. Pataki update: November 4th 2008

Update from Robert Isseks and Peter Sell, given to the Prison Action Network:

"Initially the state moved to dismiss our case, arguing it does not belong in federal court, because federal constitutional rights were not violated. Judge Brieant denied the state's motion. There was a change in the administration, the state moved again to dismiss, Brieant denied that motion as well. Since then we’ve been involved in the discovery process. The purpose now is to amass evidence of the policy as we alleged. During this time decisions have been made in district courts in NY that disagree with Brieant’s decision, saying it does not belong in Federal court; that it may violate state law but not federal. Judge Brieant died and Judge Cathy Seibel is our new judge; we go before her the first time on Nov. 6 and the due process decision will be discussed. The case is about how it is that these commissioners, usually 3 of them, make the decisions that they make. We believe that they are made arbitrarily in accordance with a predetermined plan based on the parole commissioner's personal philosophy and not in accordance with statues. If a judge decided on 15 to life as sufficient, how does the board then reach a decision that it's not true or sufficient? If the board says because of the crime you committed you are still a danger, they are supposed to express how you are still a danger and they are not doing that, they are just saying that because the crime was done, there is a danger. We have the evidence that this is what is going on, the question is does that constitute a federal due process violation? That’s what needs to be decided before we can move forward.

The statistics show that the people who committed these violent offenses are the least likely to repeat. Those statistics refute the argument that these people who committed these crimes years ago are still a danger."

September 24, 2008

Graziano v. Pataki update: September 24th 2008

As a result of the death of Judge Charles L. Brieant Jr. on July 20th, the Graziano v. Pataki case has been assigned to the Honorable Cathy Seibel.

The lawyers are scheduling the final depositions then the case should be ready for motions.

September 02, 2008

Bill A09727/S6731 becomes law

Governor Paterson has signed Bill A09727/S6731 into law.

The specific provision of the Bill is to "restore to the Board of Parole the discretion, after three consecutive years of successful unrevoked parole release, to grant a discharge from parole supervision to persons who are serving an indeterminate sentence with a maximum term of life, and for whom the Board of Parole has determined that a discharge from parole supervision would be in the best interest of society".

August 01, 2008

Family Empowerment Day 4 - NYC will be held on Saturday October 25th 2008 at the Columbia Law School

Important news from the Prison Action Network:

Family Empowerment Day 4 - NYC will be held on Saturday October 25th, 2008 from 9-4 at the Columbia Law School, with the theme "Taking Action to Bring Our Loved Ones Home".

George B. Alexander, Chairman of the NYS Division of Parole, will be the keynote speaker and will be reporting on "The State of Parole Today".

The Prison Action Network, together with a team of advisers representing parole, legislative action, and media, aim to use this platform to create a plan for a strategy to obtain fair and just parole decisions.

Interview with George B. Alexander, Chairman of the NYS Division of Parole

There will be an interview with George B. Alexander, Chairman of the NYS Division of Parole, on The Fancy Broccoli Show on 17th August 2008.

George Alexander will be taking questions from callers during the interview.

July 29, 2008

Death of Judge Charles L. Brieant Jr.

Sadly we have to report that Judge Charles L. Brieant Jr., a former chief judge of the United States District Court for the Southern District of New York, died on July 20th in Manhattan.

Judge Brieant had been presiding over the long-running Graziano v. Pataki civil rights case, which aims to restore fairness to the parole hearings of inmates convicted of violent felonies.

June 26, 2008

Profile of the Graziano v. Pataki case

A useful profile of the Graziano v. Pataki case produced by the Civil Rights Litigation Clearinghouse (Washington University in St. Louis, School of Law) may be found here.

June 19, 2008

Graziano v. Pataki update: June 19th 2008

This statement was published by the Prison Action Network on June 18th:

GRAZIANO VS. PATAKI
The Court adjourned the conference. NO definite date has been set for the next conference. In the meantime, the lawyers are finishing up discovery and the case will be decided either on motion or trial.

June 10, 2008

Governor Paterson announces two new members of the State Board of Parole

Governor Paterson announces two new members of the State Board of Parole; Joseph B. Crangle and Mary Ross.

Joseph B. Crangle has been nominated as a Member of the State Board of Parole. Since 2000, Mr. Crangle has been an Assistant Court Analyst with the New York State Office of Court Administration. In this role, Mr. Crangle is assigned to the Domestic Violence Part of the Buffalo City Court where he monitors defendant’s compliance with court orders. From 1998 to 2000, Mr. Crangle was a Probation Officer with the Genesee County Probation Department, where he oversaw the Pretrial Release Under Supervision program. Mr. Crangle received his BA from Canisius College and his JD from the City University of New York.

Mary Ross has been nominated as a Member of the State Board of Parole. She has been a Staff Attorney with the Legal Aid Society in Queens, New York since 1998. From 1990 to 1995, Ms. Ross was the Executive Director of Providence House, directing this nonprofit corporation that provides transitional and permanent housing for female ex-offenders, homeless women and their children. Ms. Ross was previously the Program Director of Providence House from 1984 to 1990. Ms. Ross was also the Campus Minister at Queens College from 1982 to 1984 and was the Director of Administrative Services at the Diocese of Brooklyn from 1978 to 1982. She received her BA in Education from St. Joseph’s College, her MS in Education from Brooklyn College and her JD from the City University of New York.

Salaries for Members of the Parole Board are set at $101,600. These appointments require Senate confirmation.

May 08, 2008

Graziano v. Pataki update: May 8th 2008

Latest news from the Prison Action Network: there will be a conference on June 13th, by which time it is expected the discovery phase of the legal work will be completed.

May 01, 2008

Parole hearing information is now on the NYS Division of Parole's web site

Information about parole hearings in NYS, available on the NYS DOCS Inmate Population Information Search web site, has now also been added to the NYS Division of Parole's web page.

The first phase of the NYS Division of Parole's new initiative went online today, allowing users to look back at parole board determinations over the past two years, and forward to cases due to come before the board within the next six months. A link has been added to make it easier for crime victims to submit a victim impact statement.

Phase II of the initiative is due to go online later this year and will add search capabilities and information on individuals currently on parole, such as the length of sentence served by the offender, the supervising parole officer, and contact information for the appropriate regional parole office.

A statement about the new initiative by George B. Alexander, Chairman of the NYS Division of Parole, may be found here.

April 10, 2008

Parole update from Cheryl L. Kates Esq.

The statement below is from Building Bridges:

"April 9, 2008 - PAROLE UPDATE (Submitted by Cheryl Kates, Esq.). We have just learned that Parole will see parole applicants 4 months prior to their earliest release date in order to make time to prepare them for re-entry if they are released. They have adjusted most peoples' dates in the computer and they will be seen 2 months earlier than they were already scheduled."

March 25, 2008

Low recidivism rates for paroled violent felons

New York parole officials report that none of the 456 violent felons paroled in the last four years was sent back to prison for committing a new crime.

Paroled felons' return rate low. Michael Hill, Associated Press, March 24 2008.

March 10, 2008

Bill A10108, proposed by New York State Assembly Republican Leader James Tedisco

Summary of Bill A10108:

"Allows the governor to review decisions by the parole board to grant or deny release on parole to inmates serving a sentence of imprisonment, or the imposition of conditions of such release; allows the governor to delay the scheduled release of an inmate to parole by not more than fifteen days for the purpose of conducting such a review."

February 20, 2008

Bill S06908, proposed by Senator Michael F. Nozzolio

Summary of Bill S06908:

"Directs the division of parole to maintain a current list of all inmates due to appear before a parole board on its internet homepage; directs such division to establish a means by which crime victims can register to receive notice of the date of the parole hearing of the inmate who committed the offense against such victim; directs such division to report to the governor and legislative leaders on a quarterly basis on those inmates granted parole; requires all member of the parole board to agree on the parole of an inmate convicted of a class A felony; requires notice of a parole hearing to be provided to the district attorney and the crime victim, nine months in advance of the parole hearing of an inmate; requires the crime victims fair treatment standard pamphlet to include information on registering with the division of parole to receive notice of the parole hearing of the person convicted of an offense against a crime victim."

Full text of Bill S06908 may be found here.

February 19, 2008

Articles commenting on the new bill proposed by Senator Michael F. Nozzolio

Articles commenting on the proposed new legislation intended to restrict the parole release of violent felons, announced by Senator Michael F. Nozzolio at the New York State Senate Majority Conference on February 5th:

New York Senate proposes laws to reduce violent offender parole rates. Valerie Bauman, Associated Press, February 5 2008.

Parole battle rages. Kenneth Lovett, New York Post, February 6 2008.

Hike in violent criminals paroled sparks debate. James T Madore, Newsday, February 6 2008.

Senate wants parole procedures toughened. Jay Gallagher, The Ithaca Journal, February 6 2008.

Really, Mr. Bruno? Editorial, Times Union, February 10 2008.

Senate GOP wants to beef up parole laws: Bill would keep violent criminals in jail. Heather Senison, Legislative Gazette, February 11 2008.

February 06, 2008

Senate takes action to stop skyrocketing increase in violent criminal parole release rates

A new bill was proposed on February 5th by Senator Michael Nozzolio at the New York State Senate Majority Conference which would strengthen victims' rights, increase public awareness prior to release, and require unanimous votes by the Parole Board for release.

Senate takes action to stop skyrocketing increase in violent criminal parole release rates.

This proposal is a direct response to the increase in parole release rates for A-1 violent felons that has taken place since Governor Eliot Spitzer took office.

Full details of the new proposals may be found in the New York State Senate Republican Majority press release here.

February 02, 2008

Interview with Cheryl L. Kates, an attorney who specializes in parole appeals

The audio file of The Fancy Broccoli Show's interview on January 20th with Cheryl L. Kates, an attorney who specializes in parole appeals, is now available here.

January 21, 2008

Interview with Robert Dennison, former Chair of the NYS Division of Parole

The audio file of The Fancy Broccoli Show's interview on January 6th with Robert Dennison, former Chair of the NYS Division of Parole, is now available here.

January 17, 2008

Articles commenting on the legislative oversight hearing examining the increase in parole release rates for violent felons

Articles commenting on the recent legislative oversight hearing held by Senator Michael F. Nozzolio to examine the increase in parole release rates for violent felons:

Senate panel gets few answers on parole spike. Richard Richtmyer, Newsday, January 15 2008.

More violent offenders paroled: Senate panel questions rise in release of state's most dangerous felons. Irene Jay Liu, Times Union, January 16 2008.

Parole trend draws questions: more violent felons are being released. Bob Conner, Daily Gazette, January 16 2008.

Spitzer lets 215 killers go loose. Fredric U. Dicker, New York Post, January 19 2008.

Senate holds hearing on parole release rate. Karen DeWitt, WXXI Public Broadcasting Council, January 2008.

January 16, 2008

Chairman George B. Alexander's testimony on Parole, January 15, 2008

Chairman George B. Alexander presents his testimony on Parole to the Senate Crime Victims, Crime and Corrections Committee on January 15, 2008.

January 04, 2008

"Violent felons move forward with lawsuit over their rights to parole" - article by Sam Roberts

Sam Roberts picks up the story of the disintegration of the tentative settlement in the Graziano v. Pataki case with an article in the New York Times dated 30th December 2007.

Violent felons move forward with lawsuit over their rights to parole

Roberts outlines the key stages in the development of the case and identifies the Parole Board's approval of the release of Shu'aib A. Raheem as the turning point that led the state to withdraw from the settlement.

The Parole Board have responded to pressure by agreeing to reconsider the case of Mr. Raheem. His release, scheduled for January 3rd, has been delayed.