An unprecedented amicus brief has been signed by six former members of the New York State Parole Board, and is accompanied by a petition accusing the New York State Board of Parole of bowing to pressure from the media and the New York City Patrolmen's Benevolent Association (PBA) by rescinding parole for Pablo Costello, who had already been approved for release.
The brief is signed by Robert Dennison, Vernon Manley, Thomas Grant, Barbara Treen, Theodore Kirkland and Edward Hammock. These six former parole commissioners, including two previous chairmen and three parole board members appointed by Governor George Pataki, urge the Appellate Division, Third Department, to hold the Board of Parole to a higher standard and prevent it from revoking an inmate's release simply because victims object after parole has been approved.
At the same time, in a separate case, advocates for Samuel Hamilton are preparing to challenge his repeated denial of parole by the Board, despite his strong support from both the prosecutor who sent him to prison and the state corrections commissioner.
Key points from the amicus brief:
* The Board is aware of how crime affects victims, and it assumes that victims continue to grieve.
* The Board needs clear standards if it is to avoid sitting in judgment of victims' grief.
* The Board cannot treat victims or prisoners fairly in an atmosphere that is easily sensationalized and conducive to improper influence.
For full report, including Pablo Costello's brief, the Board of Parole's reply, and details of Samuel Hamilton's case, see:
Ex-Parole Commissioners Decry Rescission of 'Cop Killer' Release, by John Caher (New York Law Journal, November 26 2012)
November 25, 2012
November 15, 2012
Building Bridges - November 2012 edition
The November edition of Building Bridges has been issued by the Prison Action Network.
Their brief summary is given below. Please see Building Bridges for full details:
1. Education: Invitation to an educational session on the importance of Pell Grant access in prison.
2. The Campaign to bring back the free prison bus service has a petition for you and your family and friends to sign.
3. Find out if you are eligible to have your convictions conditionally sealed.
4. Seven rights are listed in the Safe Community Declaration of 2013 by Corey Parks.
5. A New York Times editorial says that denying voting rights to people who have paid their debt to society offends the fundamental tenets of democracy.
6. "Fortune in My Eyes", the memoir of Fortune Society's founder, has been praised by the NY Times as a "profile in courage".
7. Michelle Alexander comes to Albany, will speak to high school students and law students.
8. The National Criminal Justice Commission Act would establish an independent national commission to conduct a review of the nation's criminal justice system and recommend consensus-based and cost-effective reforms. The Leadership Conference on Civil and Human Rights asks that you sign on to support S.306, the National Criminal Justice Commission Act, which would establish an independent national commission to conduct a review of the nation's criminal justice system and recommend consensus-based and cost-effective reforms.
9. Open letter to the President lists actions we would like him to take in the next four years, including ending the use of solitary confinement. We want a safer and more peaceful country, where freedom and justice are primary values.
10. Parole News: September release statistics and the challenges of appointing appropriately qualified Parole Commissioners.
11. Prisoners Are People Too! - their October meeting was cancelled due to Super Storm Sandy. Rescheduled for 11/26.
12. Prisoners Make Us Look Good - NY Times article notes absence of prisoners in statistics regarding black progress.
13. Pro Bono legal assistance will be required of all future applicants for the NYS Bar exam.
14. Senate Shenanigans or not? Will we have a Democratic majority? And will it be a repeat of 2008? The votes are still being counted but according to a Times Union Capital blog entry by Jimmy Vielkind, In the State Senate historic Democratic victories come with an asterisk the Democrats appear to have picked up enough votes to regain the majority they won in 2008.
Their brief summary is given below. Please see Building Bridges for full details:
1. Education: Invitation to an educational session on the importance of Pell Grant access in prison.
2. The Campaign to bring back the free prison bus service has a petition for you and your family and friends to sign.
3. Find out if you are eligible to have your convictions conditionally sealed.
4. Seven rights are listed in the Safe Community Declaration of 2013 by Corey Parks.
5. A New York Times editorial says that denying voting rights to people who have paid their debt to society offends the fundamental tenets of democracy.
6. "Fortune in My Eyes", the memoir of Fortune Society's founder, has been praised by the NY Times as a "profile in courage".
7. Michelle Alexander comes to Albany, will speak to high school students and law students.
8. The National Criminal Justice Commission Act would establish an independent national commission to conduct a review of the nation's criminal justice system and recommend consensus-based and cost-effective reforms. The Leadership Conference on Civil and Human Rights asks that you sign on to support S.306, the National Criminal Justice Commission Act, which would establish an independent national commission to conduct a review of the nation's criminal justice system and recommend consensus-based and cost-effective reforms.
9. Open letter to the President lists actions we would like him to take in the next four years, including ending the use of solitary confinement. We want a safer and more peaceful country, where freedom and justice are primary values.
10. Parole News: September release statistics and the challenges of appointing appropriately qualified Parole Commissioners.
11. Prisoners Are People Too! - their October meeting was cancelled due to Super Storm Sandy. Rescheduled for 11/26.
12. Prisoners Make Us Look Good - NY Times article notes absence of prisoners in statistics regarding black progress.
13. Pro Bono legal assistance will be required of all future applicants for the NYS Bar exam.
14. Senate Shenanigans or not? Will we have a Democratic majority? And will it be a repeat of 2008? The votes are still being counted but according to a Times Union Capital blog entry by Jimmy Vielkind, In the State Senate historic Democratic victories come with an asterisk the Democrats appear to have picked up enough votes to regain the majority they won in 2008.
October 14, 2012
Building Bridges - October 2012 edition
The October edition of Building Bridges has been issued by the Prison Action Network.
Their brief summary is given below. Please see Building Bridges for full details:
1. Join the movement to Raise the Age of Criminal Responsibility. Russell Simmons and his brothers Danny and Joseph "Rev. Run" have created a foundation to provide inner city youth with exposure to the arts. On Oct 17, you are invited to be the guest of CCA at the Simmons brothers' Rush Art Gallery in Manhattan, where youth will express their daily experiences in the criminal and juvenile system and depict the need to raise the age of criminal responsibility in NYS.
2. Certificates of Relief from Disabilities and for Good Conduct restore the right to vote and certain other rights regarding housing and employment to formerly incarcerated people still on parole. The Board of Parole has the discretion to grant the certificates. When George Alexander was Chair of the Board he encouraged commissioners to confer Certificates of Relief from Disabilities upon release from prison so the person could benefit from the support when it was most needed.
3. Not everyone appreciates the Merle Cooper Program as much as Corey Parks does. Here is another point of view.
4. The Drug War's impact on African-American men in Albany will be reported on by the Center for Law and Justice on Oct. 25 in Albany.
5. Family Empowerment Day 5 in Buffalo was a big success. Rufus and Jenny Triplett, the keynote speakers and Ebony Magazine's "2012 Couple of the Year", shared the story of Jenny's incarceration and how they managed to keep the marriage and the family intact and raise three sons during it.
6. David Rothenberg, founder of the Fortune Society, speaking about the connection of Art and Criminal Justice at the Oct. 17th Reentry Roundtable, will tell how the Fortune Society was spawned by a play he produced in 1967.
7. Higher education in prison has been demonstrated to greatly reduce recidivism. The Center for Community Alternatives is premièring a movie on barriers to college acceptance on Thursday, Oct 25th, followed by a panel discussion with some of the people in the film. Education from the Inside Out Coalition (EIO) is seeking restoration of access to higher education by inviting readers to view a video and sign a petition at their website. Some higher education programs which already exist are listed.
8. Parole news: August release rates, and some highlights from Tom Grant's New York Law Journal interview. A summary of the Duffy v. Evans case:
John Duffy v. Andrea Evans, Chairperson, New York State Division of Parole, 11 Civ 7605 (S.D.N.Y., September 14, 2012), a case recently decided in New York's Southern District.
Much like Thwaites v. New York State Bd. of Parole, Duffy is significant. On compelling factual grounds, Plaintiff Mr. Duffy, a parole applicant, had concrete evidence that his parole board had pre-determined the outcome of his parole hearing. (Mr. Duffy had a copy of the Commissioner's Worksheet that was completed by the Board before the parole hearing.)
Notably, the court held: (i) the Board of Parole predetermined Duffy's parole decision, thereby violating his right to due process; (ii) the Board of Parole denied Duffy a fair and impartial parole hearing in retaliation for his having filed an Article 78 proceeding in state court, thereby stating a First Amendment retaliation claim; (iii) Mr. Duffy sufficiently stated a "class of one" equal protection claim on the ground that he was denied parole when other similarly situated incarcerated persons (who did not file Article 78 petitions against the Board of Parole) were granted parole due to the Board's retaliatory animus.
9. The Prisoner Justice Network quotes, at greater length than in last month's column, from several of the speakers at the September 14th event at Riverside Church (Pam Africa, Soffiyah Elijah, Mumia Abu Jamal).
10. Prison Voices Project, a radio program aired on WGXC 90.7 FM in Hudson N.Y. would like listeners' help with planning the programming.
11. Solitary Confinement, SHU, the Box, Extreme Isolation, no matter what you call it, is a form of torture. DOCCS Commissioner Fischer said in his article for the Times Union that its use in NYS was necessary for safety in prisons. A few days later, the NY Civil Liberties Union released a study which found it to be arbitrary, inhumane and unsafe.
12. National Action Network, NYC Chapter of the Second Chance Program, will be discussing the empowerment of women on Friday October 26. The "Women's In-Powerment" forum is free and light refreshments will be served.
Their brief summary is given below. Please see Building Bridges for full details:
1. Join the movement to Raise the Age of Criminal Responsibility. Russell Simmons and his brothers Danny and Joseph "Rev. Run" have created a foundation to provide inner city youth with exposure to the arts. On Oct 17, you are invited to be the guest of CCA at the Simmons brothers' Rush Art Gallery in Manhattan, where youth will express their daily experiences in the criminal and juvenile system and depict the need to raise the age of criminal responsibility in NYS.
2. Certificates of Relief from Disabilities and for Good Conduct restore the right to vote and certain other rights regarding housing and employment to formerly incarcerated people still on parole. The Board of Parole has the discretion to grant the certificates. When George Alexander was Chair of the Board he encouraged commissioners to confer Certificates of Relief from Disabilities upon release from prison so the person could benefit from the support when it was most needed.
3. Not everyone appreciates the Merle Cooper Program as much as Corey Parks does. Here is another point of view.
4. The Drug War's impact on African-American men in Albany will be reported on by the Center for Law and Justice on Oct. 25 in Albany.
5. Family Empowerment Day 5 in Buffalo was a big success. Rufus and Jenny Triplett, the keynote speakers and Ebony Magazine's "2012 Couple of the Year", shared the story of Jenny's incarceration and how they managed to keep the marriage and the family intact and raise three sons during it.
6. David Rothenberg, founder of the Fortune Society, speaking about the connection of Art and Criminal Justice at the Oct. 17th Reentry Roundtable, will tell how the Fortune Society was spawned by a play he produced in 1967.
7. Higher education in prison has been demonstrated to greatly reduce recidivism. The Center for Community Alternatives is premièring a movie on barriers to college acceptance on Thursday, Oct 25th, followed by a panel discussion with some of the people in the film. Education from the Inside Out Coalition (EIO) is seeking restoration of access to higher education by inviting readers to view a video and sign a petition at their website. Some higher education programs which already exist are listed.
8. Parole news: August release rates, and some highlights from Tom Grant's New York Law Journal interview. A summary of the Duffy v. Evans case:
John Duffy v. Andrea Evans, Chairperson, New York State Division of Parole, 11 Civ 7605 (S.D.N.Y., September 14, 2012), a case recently decided in New York's Southern District.
Much like Thwaites v. New York State Bd. of Parole, Duffy is significant. On compelling factual grounds, Plaintiff Mr. Duffy, a parole applicant, had concrete evidence that his parole board had pre-determined the outcome of his parole hearing. (Mr. Duffy had a copy of the Commissioner's Worksheet that was completed by the Board before the parole hearing.)
Notably, the court held: (i) the Board of Parole predetermined Duffy's parole decision, thereby violating his right to due process; (ii) the Board of Parole denied Duffy a fair and impartial parole hearing in retaliation for his having filed an Article 78 proceeding in state court, thereby stating a First Amendment retaliation claim; (iii) Mr. Duffy sufficiently stated a "class of one" equal protection claim on the ground that he was denied parole when other similarly situated incarcerated persons (who did not file Article 78 petitions against the Board of Parole) were granted parole due to the Board's retaliatory animus.
9. The Prisoner Justice Network quotes, at greater length than in last month's column, from several of the speakers at the September 14th event at Riverside Church (Pam Africa, Soffiyah Elijah, Mumia Abu Jamal).
10. Prison Voices Project, a radio program aired on WGXC 90.7 FM in Hudson N.Y. would like listeners' help with planning the programming.
11. Solitary Confinement, SHU, the Box, Extreme Isolation, no matter what you call it, is a form of torture. DOCCS Commissioner Fischer said in his article for the Times Union that its use in NYS was necessary for safety in prisons. A few days later, the NY Civil Liberties Union released a study which found it to be arbitrary, inhumane and unsafe.
12. National Action Network, NYC Chapter of the Second Chance Program, will be discussing the empowerment of women on Friday October 26. The "Women's In-Powerment" forum is free and light refreshments will be served.
September 22, 2012
An interview with former parole board commissioner Tom Grant
An interview with former parole board commissioner Tom Grant. For complete report, see:
Q & A: Tom Grant, by John Caher (New York Law Journal, 21 September 2012)
Tom Grant gives his views on the parole process, including the selection of parole commissioners, pre- and post-interview preparation and discussion, the risk-and-needs assessment instrument, the movement towards a determinate sentencing structure, pressure on parole commissioners from public officials and members of the public, and unpopular parole decisions that result in public scrutiny and criticism.
Perhaps the most significant part of the interview is where Grant admits that there are some inmates who may never be paroled, no matter how well they do while in prison, and even if there is no likelihood that they will ever commit another crime:
"I happened to see one inmate on two separate occasions during my time on the parole board. He had participated in a heartbreaking crime as a teenager and he had subsequently done remarkably well during his lengthy period of incarnation. I don't believe he had one disciplinary infraction. He had already been denied by two or three parole boards, primarily due to the nature of the offense. It was a fatal shooting and he had an accomplice. During his interview, the other board commissioners and I focused on the logistics because it was unclear who might have actually fired the fatal shot. We denied him. From time to time I thought about the case. I said to myself, "I'll re-examine this, if I ever see this guy again," but it's all random who comes before you at an interview so I didn't know if I would see him again.
Four years go by, and I see him and the same questions come up, as they would. He was still doing well. In my opinion, he had no more likelihood of committing a crime than you or I. This time I voted to release him and the two other commissioners on the panel voted to keep him in. He is still in. He has life at the end of his sentence. I still think about it. We got bogged down with the logistics. He may never go home. That is the one I think about."
Grant's views on risk-and-needs assessment:
"The recent statute requiring the parole board to use a risk-and-needs assessment is perhaps the most significant positive change in parole-related statutes in the last two decades. Now that the Legislature and the Executive have moved away from an indeterminate sentencing structure to a determinate sentencing scheme, most of the cases the parole board will see in the future will be the non-drug A1 violent felons where the maximum sentence is life. If you look at the last two decades of research, the recidivism rate for released A1 violent felons is remarkably low. I would expect the risk-and-needs assessment instrument will provide the commissioners with a valuable empirical tool that will greatly aid them in decision making."
Grant makes the following two recommendations for reform:
"There should be a one-term limitation for parole board commissioners. The commissioner would, on the day of confirmation, know exactly when his term would end. This would reduce, if not eliminate, any perceived "outside influences" on the parole decision making process.
The second reform would offer the inmate an option to have a hearing, rather than just an interview, between the inmate and the commissioners for A1 felony (non-drug) cases. The inmate would be able to call witnesses on his behalf, perhaps relatives, employers, corrections counselors, someone from the Fortune Society or the Osborne Association. On the other side, if there was opposition to the release, the district attorney could participate, victims or their representatives, if they chose, could talk about how they and their families have been affected.
The hearing system for the A1's would ensure that the Parole Board had enough information to make an informed and reasoned decision based on the governing statutes.
If both of these proposals were enacted, they would encourage the board members to take even more care in their decision making."
Q & A: Tom Grant, by John Caher (New York Law Journal, 21 September 2012)
Tom Grant gives his views on the parole process, including the selection of parole commissioners, pre- and post-interview preparation and discussion, the risk-and-needs assessment instrument, the movement towards a determinate sentencing structure, pressure on parole commissioners from public officials and members of the public, and unpopular parole decisions that result in public scrutiny and criticism.
Perhaps the most significant part of the interview is where Grant admits that there are some inmates who may never be paroled, no matter how well they do while in prison, and even if there is no likelihood that they will ever commit another crime:
"I happened to see one inmate on two separate occasions during my time on the parole board. He had participated in a heartbreaking crime as a teenager and he had subsequently done remarkably well during his lengthy period of incarnation. I don't believe he had one disciplinary infraction. He had already been denied by two or three parole boards, primarily due to the nature of the offense. It was a fatal shooting and he had an accomplice. During his interview, the other board commissioners and I focused on the logistics because it was unclear who might have actually fired the fatal shot. We denied him. From time to time I thought about the case. I said to myself, "I'll re-examine this, if I ever see this guy again," but it's all random who comes before you at an interview so I didn't know if I would see him again.
Four years go by, and I see him and the same questions come up, as they would. He was still doing well. In my opinion, he had no more likelihood of committing a crime than you or I. This time I voted to release him and the two other commissioners on the panel voted to keep him in. He is still in. He has life at the end of his sentence. I still think about it. We got bogged down with the logistics. He may never go home. That is the one I think about."
Grant's views on risk-and-needs assessment:
"The recent statute requiring the parole board to use a risk-and-needs assessment is perhaps the most significant positive change in parole-related statutes in the last two decades. Now that the Legislature and the Executive have moved away from an indeterminate sentencing structure to a determinate sentencing scheme, most of the cases the parole board will see in the future will be the non-drug A1 violent felons where the maximum sentence is life. If you look at the last two decades of research, the recidivism rate for released A1 violent felons is remarkably low. I would expect the risk-and-needs assessment instrument will provide the commissioners with a valuable empirical tool that will greatly aid them in decision making."
Grant makes the following two recommendations for reform:
"There should be a one-term limitation for parole board commissioners. The commissioner would, on the day of confirmation, know exactly when his term would end. This would reduce, if not eliminate, any perceived "outside influences" on the parole decision making process.
The second reform would offer the inmate an option to have a hearing, rather than just an interview, between the inmate and the commissioners for A1 felony (non-drug) cases. The inmate would be able to call witnesses on his behalf, perhaps relatives, employers, corrections counselors, someone from the Fortune Society or the Osborne Association. On the other side, if there was opposition to the release, the district attorney could participate, victims or their representatives, if they chose, could talk about how they and their families have been affected.
The hearing system for the A1's would ensure that the Parole Board had enough information to make an informed and reasoned decision based on the governing statutes.
If both of these proposals were enacted, they would encourage the board members to take even more care in their decision making."
September 17, 2012
A brief overview of the Graziano v. Pataki case
A brief overview of the Graziano v. Pataki case, given by the Prison Action Network:
In January 2006, a Class Action complaint was filed in the U.S. District Court, Southern District of NY, alleging that the Pataki administration's policy/practice of denying parole to prisoners serving indeterminate sentences (1) for convictions of Class A-1 offenses with (2) sentences of less than 25-Life, the statutory maximum term of imprisonment, and currently serving such sentences; (3) have served the minimum terms of their indeterminate sentences and are therefore eligible for parole release; and (4) have had their most recent applications for parole release denied by the Parole Board solely because of the "seriousness of the offense", the "nature of the present offense", or words to that effect, without due regard to any factor other than the violent nature of their present offenses, violates the Class members' rights to due process of law and equal protection of laws under the 14th amendment to the US Constitution, and whether such policy/practice violates their rights to be free from an ex post facto enhancement of the punishments under the US Constitution, Article 1, §1.
In March of 2006, a First Amendment complaint was filed to include A1 felons who received the maximum indeterminate sentence of 25 years to Life who meet the same defining factors of the main Class.
In April of 2006, the State filed an answer requesting the court to dismiss the action for a failure to state a course of action. The Class filed an opposition.
On July 17, 2006, the Honorable Judge Charles Brieant denied the State's motion to dismiss the complaint as to all claims. (2006 lib 2023082.)
In May of 2007, the State filed a second motion to dismiss the amended complaint, submitting the Class's claims are moot because Pataki left office in 2006 and the new governor Eliot Spitzer, along with a new Parole Chairman, George Alexander, would not follow Pataki's alleged policy. The Class filed an opposition in May of 2007. In December of 2007, Judge Brieant denied the State's moot argument, stating: "the change of office does not necessarily mean the policy or practice of the Parole Board would not be repeated". Judge Brieant also granted Class certification, instructing the State to settle the case. In early November of 2007, after months of settlement discussions, the State agreed to terms of a settlement. On Nov. 15, 2007, then Senate Majority leader Joseph Bruno and his cronies likened a settlement in the inmate parole suit to a "get out of jail free card" and persuaded Spitzer to continue fighting the suit. Senate hearings were conducted asking Spitzer why he had let out 56 violent felons. In March of 2008, we had the Spitzer sex scandal.
On July 22, 2008, the NY Law Journal announced that Judge Brieant, who had served on the bench for 37 years and who was appointed by President Nixon in 1971, died of cancer at 85. The Class lost a seasoned Jurist.
In 2008, Cathy Seibel was appointed to replace Judge Brieant and in December of 2008 Class Counsel moved to have former Governor Pataki deposed [made to testify to or give evidence on oath, typically in a written statement]. In her first ever ruling on the case, in April of 2009, Judge Seibel denied plaintiffs' motion to compel Pataki's deposition.
In September of 2010, knowing Judge Siebel had given them their first favorable ruling in Graziano, the State moved for a third bite at the [dismissal] apple, asking Seibel to dismiss the action. Despite the fact that Judge Brieant, who was a seasoned judge with 37 years on the bench had twice denied the State's request to dismiss the action, Judge Siebel granted the State's dismissal request and directed the clerk to close the case.
An appeal was filed in the US Court of Appeals for the 2nd Circuit and oral argument was allowed in March of 2012. On August 3, 2012 a majority of the Court affirmed Judge Seibel's dismissal, with Judge Stefan R. Underhill - sitting by designation from Connecticut - filing an informal reasoned dissenting opinion.
An en banc (asking the complete court) application is presently being filed to the 2nd Circuit.
In January 2006, a Class Action complaint was filed in the U.S. District Court, Southern District of NY, alleging that the Pataki administration's policy/practice of denying parole to prisoners serving indeterminate sentences (1) for convictions of Class A-1 offenses with (2) sentences of less than 25-Life, the statutory maximum term of imprisonment, and currently serving such sentences; (3) have served the minimum terms of their indeterminate sentences and are therefore eligible for parole release; and (4) have had their most recent applications for parole release denied by the Parole Board solely because of the "seriousness of the offense", the "nature of the present offense", or words to that effect, without due regard to any factor other than the violent nature of their present offenses, violates the Class members' rights to due process of law and equal protection of laws under the 14th amendment to the US Constitution, and whether such policy/practice violates their rights to be free from an ex post facto enhancement of the punishments under the US Constitution, Article 1, §1.
In March of 2006, a First Amendment complaint was filed to include A1 felons who received the maximum indeterminate sentence of 25 years to Life who meet the same defining factors of the main Class.
In April of 2006, the State filed an answer requesting the court to dismiss the action for a failure to state a course of action. The Class filed an opposition.
On July 17, 2006, the Honorable Judge Charles Brieant denied the State's motion to dismiss the complaint as to all claims. (2006 lib 2023082.)
In May of 2007, the State filed a second motion to dismiss the amended complaint, submitting the Class's claims are moot because Pataki left office in 2006 and the new governor Eliot Spitzer, along with a new Parole Chairman, George Alexander, would not follow Pataki's alleged policy. The Class filed an opposition in May of 2007. In December of 2007, Judge Brieant denied the State's moot argument, stating: "the change of office does not necessarily mean the policy or practice of the Parole Board would not be repeated". Judge Brieant also granted Class certification, instructing the State to settle the case. In early November of 2007, after months of settlement discussions, the State agreed to terms of a settlement. On Nov. 15, 2007, then Senate Majority leader Joseph Bruno and his cronies likened a settlement in the inmate parole suit to a "get out of jail free card" and persuaded Spitzer to continue fighting the suit. Senate hearings were conducted asking Spitzer why he had let out 56 violent felons. In March of 2008, we had the Spitzer sex scandal.
On July 22, 2008, the NY Law Journal announced that Judge Brieant, who had served on the bench for 37 years and who was appointed by President Nixon in 1971, died of cancer at 85. The Class lost a seasoned Jurist.
In 2008, Cathy Seibel was appointed to replace Judge Brieant and in December of 2008 Class Counsel moved to have former Governor Pataki deposed [made to testify to or give evidence on oath, typically in a written statement]. In her first ever ruling on the case, in April of 2009, Judge Seibel denied plaintiffs' motion to compel Pataki's deposition.
In September of 2010, knowing Judge Siebel had given them their first favorable ruling in Graziano, the State moved for a third bite at the [dismissal] apple, asking Seibel to dismiss the action. Despite the fact that Judge Brieant, who was a seasoned judge with 37 years on the bench had twice denied the State's request to dismiss the action, Judge Siebel granted the State's dismissal request and directed the clerk to close the case.
An appeal was filed in the US Court of Appeals for the 2nd Circuit and oral argument was allowed in March of 2012. On August 3, 2012 a majority of the Court affirmed Judge Seibel's dismissal, with Judge Stefan R. Underhill - sitting by designation from Connecticut - filing an informal reasoned dissenting opinion.
An en banc (asking the complete court) application is presently being filed to the 2nd Circuit.
September 16, 2012
Building Bridges - September 2012 edition
The September edition of Building Bridges has been issued by the Prison Action Network.
A brief summary is given below. Please see Building Bridges for full details:
1. The 1971 Attica Rebellion revealed an unforgivable truth; that this country allows human beings in confinement to be dehumanized, traumatized and demoralized, unmercifully.
2. Civic engagement means you take ownership of your community. You work to make it the place you want to live. One of the ways to do this is by voting. The Reentry Roundtable makes civic engagement the focus of their September 19th meeting.
3. Corey Parks tells readers how the Merle Cooper Program taught him that confrontation could be a positive tool for transformation.
4. Family Empowerment Day 5 in Buffalo features keynote speakers Ebony Magazine's "Couple of the Year", Rufus and Jenny Triplett of Powder Springs GA. The choice of workshops is listed in the flyer at the end.
5. Herman's House, a movie: 'What kind of house does a man who has been imprisoned in a six-foot-by-nine-foot cell for over 30 years dream of?' Co-presented by the Correctional Association and opening at the Harlem International Film Festival on Wed. Sept 19.
6. History of Graziano v. Pataki. It took 5 years before the plaintiffs found a lawyer to take the case pro bono. Is Mr. Graziano despairing after the latest set-back? No. The fight continues!
7. ICARE speaks about our Social Contract. If progressives are going to dispel the myth that mass incarceration is a response to crime, we have to break through the prevailing definition of criminality. And we are going to have to fight back using moral terms.
8. In Our Name, Restoring Justice in America, was the first in what promise to be a series of excellent conferences. The issues facing War Veterans in prison will be the focus of the Spring 2012 event.
9. My Name is My Own II, an evening of words by formerly incarcerated women, Tue. Sept 18 7-9pm.
10. Old Behind Bars, Speaker Jamie Fellner, Human Rights Watch, on October 10th, 11am-1pm. FREE. Fordham University.
11. Parole News: July release rates, the percentages are looking good, but the denials are the same old "nature of the crime" and the inconsistency is even getting to some prison superintendents, one of whom is reported to have complained about the denials of parole applicants he thought were highly qualified for release; Mark David Chapman's parole denial.
12. NYS Parole Reform Campaign depends on voters to elect a strong Democratic majority in order to pass the SAFE Parole Act. First step is to make sure your voter registration is up to date. Report on the Sept 13 primaries looks positive.
13. Pregnant in prison? Tell us about it. The law says you can't be shackled when in labor, during delivery, recovering after birth.
14. Prison Public Memory Project: website and blog + community-based activities and events to build public memory, connect communities with prisons to their histories and help people in places where prisons have closed to use the past to imagine new futures.
15. NYS Prisoner Justice Network reports on Sept 14's Program to End Mass Incarceration/Close Attica.
16. Reminder: Prison Action Network’s deadline for position papers is October 1.
17. Thinking Outside the Cell is launching a 10 minute multi-media study of the stigma of incarceration in the USA.
A brief summary is given below. Please see Building Bridges for full details:
1. The 1971 Attica Rebellion revealed an unforgivable truth; that this country allows human beings in confinement to be dehumanized, traumatized and demoralized, unmercifully.
2. Civic engagement means you take ownership of your community. You work to make it the place you want to live. One of the ways to do this is by voting. The Reentry Roundtable makes civic engagement the focus of their September 19th meeting.
3. Corey Parks tells readers how the Merle Cooper Program taught him that confrontation could be a positive tool for transformation.
4. Family Empowerment Day 5 in Buffalo features keynote speakers Ebony Magazine's "Couple of the Year", Rufus and Jenny Triplett of Powder Springs GA. The choice of workshops is listed in the flyer at the end.
5. Herman's House, a movie: 'What kind of house does a man who has been imprisoned in a six-foot-by-nine-foot cell for over 30 years dream of?' Co-presented by the Correctional Association and opening at the Harlem International Film Festival on Wed. Sept 19.
6. History of Graziano v. Pataki. It took 5 years before the plaintiffs found a lawyer to take the case pro bono. Is Mr. Graziano despairing after the latest set-back? No. The fight continues!
7. ICARE speaks about our Social Contract. If progressives are going to dispel the myth that mass incarceration is a response to crime, we have to break through the prevailing definition of criminality. And we are going to have to fight back using moral terms.
8. In Our Name, Restoring Justice in America, was the first in what promise to be a series of excellent conferences. The issues facing War Veterans in prison will be the focus of the Spring 2012 event.
9. My Name is My Own II, an evening of words by formerly incarcerated women, Tue. Sept 18 7-9pm.
10. Old Behind Bars, Speaker Jamie Fellner, Human Rights Watch, on October 10th, 11am-1pm. FREE. Fordham University.
11. Parole News: July release rates, the percentages are looking good, but the denials are the same old "nature of the crime" and the inconsistency is even getting to some prison superintendents, one of whom is reported to have complained about the denials of parole applicants he thought were highly qualified for release; Mark David Chapman's parole denial.
12. NYS Parole Reform Campaign depends on voters to elect a strong Democratic majority in order to pass the SAFE Parole Act. First step is to make sure your voter registration is up to date. Report on the Sept 13 primaries looks positive.
13. Pregnant in prison? Tell us about it. The law says you can't be shackled when in labor, during delivery, recovering after birth.
14. Prison Public Memory Project: website and blog + community-based activities and events to build public memory, connect communities with prisons to their histories and help people in places where prisons have closed to use the past to imagine new futures.
15. NYS Prisoner Justice Network reports on Sept 14's Program to End Mass Incarceration/Close Attica.
16. Reminder: Prison Action Network’s deadline for position papers is October 1.
17. Thinking Outside the Cell is launching a 10 minute multi-media study of the stigma of incarceration in the USA.
September 13, 2012
DOCCS marks 25th anniversary of Shock Incarceration
DOCCS marks 25th anniversary of Shock Incarceration
(NYS DOCCS press release: Wednesday, September 12, 2012)
Successful boot camp-style program that incorporates intensive drug and alcohol treatment, education and counseling has saved New York State taxpayers approximately $1.340 billion as an alternative to traditional incarceration
ALBANY – The New York State Department of Corrections and Community Supervision today recognized the 25th anniversary of its Shock Incarceration Program, which was launched in 1987 at the Monterey Shock Incarceration Facility in Schuyler County.
Shock is a six-month program that is similar in nature to a military boot camp regimen, but it incorporates intensive substance abuse treatment and academic education within a therapeutic community setting. Since its inception at Monterey (Schuyler County), the program was expanded to the Summit (closed in 2011), Moriah (Essex County), and Lakeview Shock (Chautauqua County) Incarceration facilities, culminating in 1995 with the opening of Willard Drug Treatment Campus (Seneca County), a program for parole violators similar to the regimen of a shock incarceration facility.
All Shock participants are engaged in comprehensive life skills programs that include academic education, group counseling, intensive alcohol and substance abuse treatment, physical training, drill instruction and work crews. Shock provides 675 hours of substance abuse treatment and education in each six-month session. Shock inmates pass the GED at a rate of 80%.
In an Executive Chamber Proclamation highlighting the program’s anniversary, Governor Cuomo stated, “The Shock Incarceration Program is a groundbreaking program that has contributed significantly to the state’s lower incarceration levels, improved public safety within our communities and reduced costs to our state.”
Between 1987 and July of 2012, 79,114 Shock eligible inmates were screened for program participation, including 6,694 females. Ultimately, 61,687 inmates were transferred into Shock with 45,135 graduating (including 3,251 females), saving New York State taxpayers an estimated $1.340 billion.
DOCCS Commissioner Brian Fischer, today participating in a ceremony commemorating the program’s anniversary, stated, “The Shock Incarceration Program owes its success to the best trained and most dedicated staff the Department has, and to the creativity and support of individuals who brought it into existence twenty-five years ago and those who have since maintained its standards and practices. In recognizing the history and value of the Shock Incarceration Program, we need to understand that we are recognizing our staff, the people who have dedicated their lives to helping others develop into better members of society.”
In terms of its impact on recidivism, 26% of Shock graduates who were released from Shock facilities in 2007 or 2008 returned to prison within three years compared to 42% for all DOCCS releases to parole supervision in 2007. Of the Shock graduates who were released from Shock facilities in 2007, 2008, 2009 or 2010 7% returned to prison within one year compared to 20% for all releases in the same time period.
As of today, there are 1,100 inmates participating in the Shock program: 589 men and 119 women at Lakeview, 205 men at Monterey and 187 men at Moriah.
Since 2000, the Parole Board has approved 97% of the successful Shock graduates. Shock graduates serving determinate sentences are conditionally released once they complete the Shock program. Upon graduating all offenders are supervised by parole officers assigned by the Department’s Community Supervision division.
The New York State Department of Corrections and Community Supervision (DOCCS) is responsible for the care, custody and treatment of individuals sentenced to state prison and for working with them to ensure their successful re-entry into the community. The Department operates 60 correctional facilities (including the Willard Drug Treatment Campus and the Edgecombe Residential Drug Treatment facility) and oversees 38 community supervision (parole) field offices across the state. DOCCS currently provides care, custody and supervision of approximately 94,000 individuals: 56,000 in custody in correctional and drug treatment facilities and 38,000 under post-release community supervision.
(NYS DOCCS press release: Wednesday, September 12, 2012)
Successful boot camp-style program that incorporates intensive drug and alcohol treatment, education and counseling has saved New York State taxpayers approximately $1.340 billion as an alternative to traditional incarceration
ALBANY – The New York State Department of Corrections and Community Supervision today recognized the 25th anniversary of its Shock Incarceration Program, which was launched in 1987 at the Monterey Shock Incarceration Facility in Schuyler County.
Shock is a six-month program that is similar in nature to a military boot camp regimen, but it incorporates intensive substance abuse treatment and academic education within a therapeutic community setting. Since its inception at Monterey (Schuyler County), the program was expanded to the Summit (closed in 2011), Moriah (Essex County), and Lakeview Shock (Chautauqua County) Incarceration facilities, culminating in 1995 with the opening of Willard Drug Treatment Campus (Seneca County), a program for parole violators similar to the regimen of a shock incarceration facility.
All Shock participants are engaged in comprehensive life skills programs that include academic education, group counseling, intensive alcohol and substance abuse treatment, physical training, drill instruction and work crews. Shock provides 675 hours of substance abuse treatment and education in each six-month session. Shock inmates pass the GED at a rate of 80%.
In an Executive Chamber Proclamation highlighting the program’s anniversary, Governor Cuomo stated, “The Shock Incarceration Program is a groundbreaking program that has contributed significantly to the state’s lower incarceration levels, improved public safety within our communities and reduced costs to our state.”
Between 1987 and July of 2012, 79,114 Shock eligible inmates were screened for program participation, including 6,694 females. Ultimately, 61,687 inmates were transferred into Shock with 45,135 graduating (including 3,251 females), saving New York State taxpayers an estimated $1.340 billion.
DOCCS Commissioner Brian Fischer, today participating in a ceremony commemorating the program’s anniversary, stated, “The Shock Incarceration Program owes its success to the best trained and most dedicated staff the Department has, and to the creativity and support of individuals who brought it into existence twenty-five years ago and those who have since maintained its standards and practices. In recognizing the history and value of the Shock Incarceration Program, we need to understand that we are recognizing our staff, the people who have dedicated their lives to helping others develop into better members of society.”
In terms of its impact on recidivism, 26% of Shock graduates who were released from Shock facilities in 2007 or 2008 returned to prison within three years compared to 42% for all DOCCS releases to parole supervision in 2007. Of the Shock graduates who were released from Shock facilities in 2007, 2008, 2009 or 2010 7% returned to prison within one year compared to 20% for all releases in the same time period.
As of today, there are 1,100 inmates participating in the Shock program: 589 men and 119 women at Lakeview, 205 men at Monterey and 187 men at Moriah.
Since 2000, the Parole Board has approved 97% of the successful Shock graduates. Shock graduates serving determinate sentences are conditionally released once they complete the Shock program. Upon graduating all offenders are supervised by parole officers assigned by the Department’s Community Supervision division.
The New York State Department of Corrections and Community Supervision (DOCCS) is responsible for the care, custody and treatment of individuals sentenced to state prison and for working with them to ensure their successful re-entry into the community. The Department operates 60 correctional facilities (including the Willard Drug Treatment Campus and the Edgecombe Residential Drug Treatment facility) and oversees 38 community supervision (parole) field offices across the state. DOCCS currently provides care, custody and supervision of approximately 94,000 individuals: 56,000 in custody in correctional and drug treatment facilities and 38,000 under post-release community supervision.
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