The official list of Parole Board members has now been updated to include the recent appointments by Governor Andrew M. Cuomo. Currently there are fourteen members and five vacancies:
Parole Board Members
Evans, Andrea W.
Smith, Walter Wm., Jr.
Ferguson, James
Hernandez, Christina
Ludlow, G. Kevin
Elovich, Lisa Beth
Thompson, Sally
Hagler, Michael A.
Ross, Mary
Crangle, Joseph
Brown, Jared
Sharkey, Edward
Coppola, Marc
Evans-Alexander, Ellen
July 18, 2012
July 15, 2012
Building Bridges - July 2012 edition
The July 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:
* Electoral Politics - some suggestions to help us elect the people who are more likely to support our agenda.
* Family Empowerment Day 5 is in Buffalo this year, featuring Ebony Magazine's "2012 Couple of the Year".
* Innocent and denied parole because of it? The Jeffrey Deskovic Foundation for Justice has a plan for helping you.
* The legislative session ended in June with none of our bills being passed. A.M. Aubry, however, was able to put in a supportive word for people in prison and those who have been released, during the discussion of the Justice Center Bill which creates an agency to protect people with special needs.
* Corey's Column - in his first Building Bridges column Corey Parks describes his strategy for a successful reentry.
* Parole News reports on appointments of three new and three reappointed Parole Commissioners; an amazing Article 78; and 37 parole releases in May.
* NYS Parole Reform Campaign urges families and other advocates to become informed and get active. It's up to us. No one else cares as much.
* NYS Prisoner Justice Network reports on the Legislative Task Force on Criminal Justice Reform, proposed by the New York State Criminal Justice Advocacy and Reform Coalition made up of advocates, most of whom presented workshops at the Black and Puerto Rican Legislative Caucus this past spring. An update on the Sept.14th Event also is provided.
* Public Campaign Financing is urgently needed because the very rich think you and I are the ones who don't understand the country's problems! We have to replace the influence of big money in politics with public financing of elections, and Gov. Cuomo has said he will help us.
* In Our Name, Restoring Justice in America - the Aug. 24-26 agenda looks very inviting. Formerly incarcerated people and family members of currently incarcerated persons are offered generous scholarships. We'd love to hang out with you!
* Solitary Confinement through the eyes of Charles Dickens, author of A Christmas Carol and Oliver Twist. Shows that opposition to the use of solitary confinement has been around almost as long as solitary has. When will the public wake up?
* Strength of a Woman. Short sentences for abusers but when a woman defends herself after years of violence and threats on her life or her children's she often receives a much longer sentence. The July 30th meeting of Prisoners Are People Too in Buffalo, focuses on this issue.
A brief summary is given below. Please see Building Bridges for full details:
* Electoral Politics - some suggestions to help us elect the people who are more likely to support our agenda.
* Family Empowerment Day 5 is in Buffalo this year, featuring Ebony Magazine's "2012 Couple of the Year".
* Innocent and denied parole because of it? The Jeffrey Deskovic Foundation for Justice has a plan for helping you.
* The legislative session ended in June with none of our bills being passed. A.M. Aubry, however, was able to put in a supportive word for people in prison and those who have been released, during the discussion of the Justice Center Bill which creates an agency to protect people with special needs.
* Corey's Column - in his first Building Bridges column Corey Parks describes his strategy for a successful reentry.
* Parole News reports on appointments of three new and three reappointed Parole Commissioners; an amazing Article 78; and 37 parole releases in May.
* NYS Parole Reform Campaign urges families and other advocates to become informed and get active. It's up to us. No one else cares as much.
* NYS Prisoner Justice Network reports on the Legislative Task Force on Criminal Justice Reform, proposed by the New York State Criminal Justice Advocacy and Reform Coalition made up of advocates, most of whom presented workshops at the Black and Puerto Rican Legislative Caucus this past spring. An update on the Sept.14th Event also is provided.
* Public Campaign Financing is urgently needed because the very rich think you and I are the ones who don't understand the country's problems! We have to replace the influence of big money in politics with public financing of elections, and Gov. Cuomo has said he will help us.
* In Our Name, Restoring Justice in America - the Aug. 24-26 agenda looks very inviting. Formerly incarcerated people and family members of currently incarcerated persons are offered generous scholarships. We'd love to hang out with you!
* Solitary Confinement through the eyes of Charles Dickens, author of A Christmas Carol and Oliver Twist. Shows that opposition to the use of solitary confinement has been around almost as long as solitary has. When will the public wake up?
* Strength of a Woman. Short sentences for abusers but when a woman defends herself after years of violence and threats on her life or her children's she often receives a much longer sentence. The July 30th meeting of Prisoners Are People Too in Buffalo, focuses on this issue.
July 06, 2012
Lawmakers: fix racial disparity on Parole Board
Extract from a NY Daily News article:
ALBANY — Gov. Cuomo is taking heat from minority lawmakers for not renewing the term of the lone black male on the state Parole Board.
Henry Lemons, a former deputy chief investigator in the state attorney general's office and longtime Brooklyn prosecutor, was cut loose when his six-year term expired recently.
Members of the Legislature's Black and Latino Caucus have bemoaned the disparity that exists between the board's membership and the general population of state inmates. Records show that 49% of all state prison inmates are black, and of that number, 93% are men.
Lemons' departure means that Chairwoman Andrea Evans is the only black representative out of the 11 current members of the board.
No reason was given for the decision not to reappoint Lemons, who was initially selected by former Gov. Eliot Spitzer.
"I have spoken to the governor in sharing my displeasure," said Sen. Ruth Hassell-Thompson, a Bronx Democrat and member of the caucus.
Sen. Eric Adams, a Brooklyn Democrat and a former NYPD cop, also spoke of the need for a black man on the board: "It's almost crucial that you have that representation."
Minority lawmakers are said to be particularly upset that four Parole Board members originally appointed by ex-Republican Gov. George Pataki were kept on after their terms expired last year...
For complete article, see:
Lawmakers: fix racial disparity on Parole Board, by Kenneth Lovett (NY Daily News, July 3 2012)
ALBANY — Gov. Cuomo is taking heat from minority lawmakers for not renewing the term of the lone black male on the state Parole Board.
Henry Lemons, a former deputy chief investigator in the state attorney general's office and longtime Brooklyn prosecutor, was cut loose when his six-year term expired recently.
Members of the Legislature's Black and Latino Caucus have bemoaned the disparity that exists between the board's membership and the general population of state inmates. Records show that 49% of all state prison inmates are black, and of that number, 93% are men.
Lemons' departure means that Chairwoman Andrea Evans is the only black representative out of the 11 current members of the board.
No reason was given for the decision not to reappoint Lemons, who was initially selected by former Gov. Eliot Spitzer.
"I have spoken to the governor in sharing my displeasure," said Sen. Ruth Hassell-Thompson, a Bronx Democrat and member of the caucus.
Sen. Eric Adams, a Brooklyn Democrat and a former NYPD cop, also spoke of the need for a black man on the board: "It's almost crucial that you have that representation."
Minority lawmakers are said to be particularly upset that four Parole Board members originally appointed by ex-Republican Gov. George Pataki were kept on after their terms expired last year...
For complete article, see:
Lawmakers: fix racial disparity on Parole Board, by Kenneth Lovett (NY Daily News, July 3 2012)
June 20, 2012
Six nominees are confirmed as members of the New York State Board of Parole
Governor Andrew M. Cuomo appoints six parole board commissioners.
A meeting of the Senate Standing Committee on Crime Victims, Crime and Correction was held today, at which the following six nominees were confirmed as members of the New York State Board of Parole:
Ellen Evans Alexander
James B. Ferguson, Jr. (reappointment)
Christina Hernandez (reappointment)
G. Kevin Ludlow (reappointment)
Edward M. Sharkey
Marc A. Coppola
Governor Cuomo Announces Confirmations (Albany, June 20 2012)
List of current Parole Board members:
Parole Board Members (NYS Department of Corrections and Community Supervision)
A meeting of the Senate Standing Committee on Crime Victims, Crime and Correction was held today, at which the following six nominees were confirmed as members of the New York State Board of Parole:
Ellen Evans Alexander
James B. Ferguson, Jr. (reappointment)
Christina Hernandez (reappointment)
G. Kevin Ludlow (reappointment)
Edward M. Sharkey
Marc A. Coppola
Governor Cuomo Announces Confirmations (Albany, June 20 2012)
List of current Parole Board members:
Parole Board Members (NYS Department of Corrections and Community Supervision)
June 14, 2012
Building Bridges - June 2012 edition
The June 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:
* Attica, mass incarceration, solitary confinement, freeing Mumia and others are on the agenda for the September 14 event.
* Carl Berk's daughter Paula is writing a memoir of her father and would welcome any information you can provide. Please send your information to Paula via the Prison Action Network.
* Call for stories to be included in WORTH's Guidebook for women returning home from prison and jail.
* Cornell University confers Bachelor's degrees on 14 students confined at Auburn prison. On June 5, 2012, Auburn Correction Facility presented a commencement ceremony not seen since the early 90s, back when Pell grants propelled Syracuse University and Cayuga Community College to teach behind the walls of the prison. This memorable event, all supported by private donations, presented 15 students with Bachelor degrees from Cornell University in conjunction with Cayuga Community College.
* Domestic Violence Legislation is being obstructed by Senate Republicans. On May 30, the Senate Democratic Conference held a public forum on the need to provide additional protections for those affected by domestic violence. The forum was convened to highlight legislation sponsored by members of the Democratic Conference which the Senate Republican Majority has refused to move out of committee and bring to the floor for a vote. Attendees at the forum included Democratic Senators as well as activists, legislators and criminal justice professionals.
* Family Empowerment Day 5 is coming to the Buffalo-Niagara Region, on Friday October 5 and Saturday October 6.
* Geriatric Parole Release bill has been passed by the Assembly's Correction Committee:
A.9696 the NYS Program for Older Prisoners Act [No same as], March 27, 2012, introduced by Members of Assembly Aubry, Lentol, Millman.
Provides geriatric parole release to an inmate who is at least sixty years of age, is serving a determinate or indeterminate sentence of imprisonment, and has served at least one-half of the minimum period of his or her indeterminate sentence, or in the case of a determinate sentence, has served at least one-half of the term of his or her determinate sentence, provided, however, that no inmate serving a sentence imposed upon a conviction for murder in the first degree or an act of terrorism shall be eligible for such geriatric parole release. Such release shall be granted only after the board considers whether there is a reasonable probability that, if released, the inmate will live and remain at liberty without violating the law, and that such release is not incompatible with the welfare of society and will not so deprecate the seriousness of the crime as to undermine respect for the law.
* Jeffry Descovic uses settlement money to help others wrongfully convicted.
* Legislation: dozens of criminal justice bills were introduced at the Senate and Assembly Committee meetings, most of them are tabled for now. See Building Bridges for full details.
* NYS Parole Reform Campaign: their report on Advocacy Days, and a letter to the Governor:
"Soon after the NY Reentry Roundtable's Advocacy Day on May 15, The Safe and Fair Evaluations Parole Act gained 4 new sponsors: Senator Hassell-Thompson, Senator Serrano, Assembly members P. Rivera and Scarborough. There are now 9 sponsors in the Assembly and 7 in the Senate. Not bad for a bill that's only 1 year old! Readers who have called, written, or visited their legislators and/or shown up for Lobby Day events can take the credit for this. If any of the sponsors represent your district, please thank them. The more appreciation they get for doing the right thing, the less strength the bill's opponents have. Tom Duane, who introduced it in the Senate, is not seeking reelection so we will have to find another Senator to introduce it next year, as well as speak to A.M. Aubry about reintroducing it. We will miss Tom Duane; he has always been a champion of just causes. If you have any information on Brian Kavanaugh, Brad Holyman or Corey Johnson, who are rumored to be interested in running for his seat, please let us know. Prison Action Network is trying to find out where they stand in the battle over NYS criminal justice policies. Contact information for the last two would be especially appreciated. If you know any of them please ask them where, on a scale of 1 - 5 they stand: (1. being "lock em up and throw away the key" and 5. being "treat prisoners as you want them to treat us, and use evidence-based practices such as alternatives to prison whenever possible")."
See Building Bridges for the text of their letter to Governor Cuomo, urging the Senate and the Assembly to vote for the Safe and Fair Evaluations (S.A.F.E.) Parole Act, and for Cuomo to incorporate it into the 2013 Budget Act.
* Parole News - Expired terms and April parole releases.
* Prisoner Justice Network reports on their May 22 Prison and Parole Justice Day.
* Raise the age of criminal responsibility in NYS to 18. The Center for Community Alternatives and the NY Reentry Roundtable host discussions in June.
* Restoring Justice in America retreat offers scholarships to their weekend symposium in Greenwich N.Y.
* Transportation Service starts up in Albany.
A brief summary is given below. Please see Building Bridges for full details:
* Attica, mass incarceration, solitary confinement, freeing Mumia and others are on the agenda for the September 14 event.
* Carl Berk's daughter Paula is writing a memoir of her father and would welcome any information you can provide. Please send your information to Paula via the Prison Action Network.
* Call for stories to be included in WORTH's Guidebook for women returning home from prison and jail.
* Cornell University confers Bachelor's degrees on 14 students confined at Auburn prison. On June 5, 2012, Auburn Correction Facility presented a commencement ceremony not seen since the early 90s, back when Pell grants propelled Syracuse University and Cayuga Community College to teach behind the walls of the prison. This memorable event, all supported by private donations, presented 15 students with Bachelor degrees from Cornell University in conjunction with Cayuga Community College.
* Domestic Violence Legislation is being obstructed by Senate Republicans. On May 30, the Senate Democratic Conference held a public forum on the need to provide additional protections for those affected by domestic violence. The forum was convened to highlight legislation sponsored by members of the Democratic Conference which the Senate Republican Majority has refused to move out of committee and bring to the floor for a vote. Attendees at the forum included Democratic Senators as well as activists, legislators and criminal justice professionals.
* Family Empowerment Day 5 is coming to the Buffalo-Niagara Region, on Friday October 5 and Saturday October 6.
* Geriatric Parole Release bill has been passed by the Assembly's Correction Committee:
A.9696 the NYS Program for Older Prisoners Act [No same as], March 27, 2012, introduced by Members of Assembly Aubry, Lentol, Millman.
Provides geriatric parole release to an inmate who is at least sixty years of age, is serving a determinate or indeterminate sentence of imprisonment, and has served at least one-half of the minimum period of his or her indeterminate sentence, or in the case of a determinate sentence, has served at least one-half of the term of his or her determinate sentence, provided, however, that no inmate serving a sentence imposed upon a conviction for murder in the first degree or an act of terrorism shall be eligible for such geriatric parole release. Such release shall be granted only after the board considers whether there is a reasonable probability that, if released, the inmate will live and remain at liberty without violating the law, and that such release is not incompatible with the welfare of society and will not so deprecate the seriousness of the crime as to undermine respect for the law.
* Jeffry Descovic uses settlement money to help others wrongfully convicted.
* Legislation: dozens of criminal justice bills were introduced at the Senate and Assembly Committee meetings, most of them are tabled for now. See Building Bridges for full details.
* NYS Parole Reform Campaign: their report on Advocacy Days, and a letter to the Governor:
"Soon after the NY Reentry Roundtable's Advocacy Day on May 15, The Safe and Fair Evaluations Parole Act gained 4 new sponsors: Senator Hassell-Thompson, Senator Serrano, Assembly members P. Rivera and Scarborough. There are now 9 sponsors in the Assembly and 7 in the Senate. Not bad for a bill that's only 1 year old! Readers who have called, written, or visited their legislators and/or shown up for Lobby Day events can take the credit for this. If any of the sponsors represent your district, please thank them. The more appreciation they get for doing the right thing, the less strength the bill's opponents have. Tom Duane, who introduced it in the Senate, is not seeking reelection so we will have to find another Senator to introduce it next year, as well as speak to A.M. Aubry about reintroducing it. We will miss Tom Duane; he has always been a champion of just causes. If you have any information on Brian Kavanaugh, Brad Holyman or Corey Johnson, who are rumored to be interested in running for his seat, please let us know. Prison Action Network is trying to find out where they stand in the battle over NYS criminal justice policies. Contact information for the last two would be especially appreciated. If you know any of them please ask them where, on a scale of 1 - 5 they stand: (1. being "lock em up and throw away the key" and 5. being "treat prisoners as you want them to treat us, and use evidence-based practices such as alternatives to prison whenever possible")."
See Building Bridges for the text of their letter to Governor Cuomo, urging the Senate and the Assembly to vote for the Safe and Fair Evaluations (S.A.F.E.) Parole Act, and for Cuomo to incorporate it into the 2013 Budget Act.
* Parole News - Expired terms and April parole releases.
* Prisoner Justice Network reports on their May 22 Prison and Parole Justice Day.
* Raise the age of criminal responsibility in NYS to 18. The Center for Community Alternatives and the NY Reentry Roundtable host discussions in June.
* Restoring Justice in America retreat offers scholarships to their weekend symposium in Greenwich N.Y.
* Transportation Service starts up in Albany.
May 15, 2012
Building Bridges - May 2012 edition
The May edition of Building Bridges has been issued by the Prison Action Network.
A summary is given below, please see Building Bridges for full details:
1. Carl Berk Remembered. A friend remembers that "He normally submitted a poem to one of the Jewish Newsletters or Lifers' notes. We didn't receive one for February." We share a prose poem, inspired by Hemingway, that Carl sent us shortly before his death.
2. Building a Better Criminal Justice System. The Fortune Society and The Sentencing Project are collaborating on a panel discussion about The Sentencing Project’s recent publication, To Build a Better Criminal Justice System: 25 Experts Envision the Next 25 Years of Reform. In the new publication, 25 leading scholars and practitioners have contributed essays on their strategic vision for the next 25 years of criminal justice reform. Issues addressed in the collection include racial justice strategies, linking public health and criminal justice reform, challenging the war on drugs, and the viability of fiscal pressures as a focus for reform.
3. Clemency, a discussion: "Among its benign if too-often ignored objects, the clemency power can correct injustices that the ordinary criminal justice process seems unable or unwilling to consider."
4. The Merit Time Bill falls victim to questionable tactics, while ill-advised bills continue to be scheduled for voting at the Senate's Crime Victims, Crime and Corrections Committee on May 15. Building Bridges also reports on the fate of bills presented to the Committee on April 18.
"The Merit Time Bill S338/A154, sponsored by Senator Velmanette Montgomery and co-sponsored by Senator Dilan is no longer sitting in the Senate Crime Victims, Crime and Corrections Committee. Due to a troubling turn of events, it has been reported to the Rules Committee, headed by Majority Leader Dean Skelos, where it will sit probably forever, or at least until the end of this session." (See Building Bridges for full details.)
Please sign the petition in support of the Merit Time Law.
5. Parole News: March releases (reappearance rates are up), excerpts from two articles by John Caher, and a report from the NYS Parole Reform Campaign. "The Campaign has been working with the organizations who have put the SAFE Parole Act on the agenda for their legislative advocacy days. We're very grateful for the support we’ve received from these and other organizations! We've come a long way since last year at this time when our bill was just a proposal and removing nature of the crime from what the parole board could consider was believed to be too radical and so controversial that no one would touch it. We now have legislative sponsors, and many people are seeing that without this bill violent offenders with "incredible prison records" and the lowest risk scores on COMPAS, will continue to be denied parole."
6. Prisoners Are People Too! "Broken On All Sides: Race, Mass Incarceration and New Visions for Criminal Justice in the US." Karima Amin gives details of this important new film about the US prison system.
7. The NYS Prisoner Justice Network reviews the bad news and the good news and invites us to join them in a day of action: NYS Prisoner Justice Network's Prison and Parole Justice Day, in Albany, on May 22nd.
8. In Our Name: Restoring Justice in America, a retreat in beautiful upstate NY, is open to families and friends of incarcerated people and formerly incarcerated persons. This August weekend gathering of academics, activists, and advocates will work together to formulate proposals for reform of the criminal justice and penal systems. We need to share our input.
9. The Yale Law Journal welcomes submissions for their first prison law writing contest.
10. A call for stories from adult children of incarcerated, or formerly incarcerated, parents.
11. Justus Support Group forms in Troy NY.
A summary is given below, please see Building Bridges for full details:
1. Carl Berk Remembered. A friend remembers that "He normally submitted a poem to one of the Jewish Newsletters or Lifers' notes. We didn't receive one for February." We share a prose poem, inspired by Hemingway, that Carl sent us shortly before his death.
2. Building a Better Criminal Justice System. The Fortune Society and The Sentencing Project are collaborating on a panel discussion about The Sentencing Project’s recent publication, To Build a Better Criminal Justice System: 25 Experts Envision the Next 25 Years of Reform. In the new publication, 25 leading scholars and practitioners have contributed essays on their strategic vision for the next 25 years of criminal justice reform. Issues addressed in the collection include racial justice strategies, linking public health and criminal justice reform, challenging the war on drugs, and the viability of fiscal pressures as a focus for reform.
3. Clemency, a discussion: "Among its benign if too-often ignored objects, the clemency power can correct injustices that the ordinary criminal justice process seems unable or unwilling to consider."
4. The Merit Time Bill falls victim to questionable tactics, while ill-advised bills continue to be scheduled for voting at the Senate's Crime Victims, Crime and Corrections Committee on May 15. Building Bridges also reports on the fate of bills presented to the Committee on April 18.
"The Merit Time Bill S338/A154, sponsored by Senator Velmanette Montgomery and co-sponsored by Senator Dilan is no longer sitting in the Senate Crime Victims, Crime and Corrections Committee. Due to a troubling turn of events, it has been reported to the Rules Committee, headed by Majority Leader Dean Skelos, where it will sit probably forever, or at least until the end of this session." (See Building Bridges for full details.)
Please sign the petition in support of the Merit Time Law.
5. Parole News: March releases (reappearance rates are up), excerpts from two articles by John Caher, and a report from the NYS Parole Reform Campaign. "The Campaign has been working with the organizations who have put the SAFE Parole Act on the agenda for their legislative advocacy days. We're very grateful for the support we’ve received from these and other organizations! We've come a long way since last year at this time when our bill was just a proposal and removing nature of the crime from what the parole board could consider was believed to be too radical and so controversial that no one would touch it. We now have legislative sponsors, and many people are seeing that without this bill violent offenders with "incredible prison records" and the lowest risk scores on COMPAS, will continue to be denied parole."
6. Prisoners Are People Too! "Broken On All Sides: Race, Mass Incarceration and New Visions for Criminal Justice in the US." Karima Amin gives details of this important new film about the US prison system.
7. The NYS Prisoner Justice Network reviews the bad news and the good news and invites us to join them in a day of action: NYS Prisoner Justice Network's Prison and Parole Justice Day, in Albany, on May 22nd.
8. In Our Name: Restoring Justice in America, a retreat in beautiful upstate NY, is open to families and friends of incarcerated people and formerly incarcerated persons. This August weekend gathering of academics, activists, and advocates will work together to formulate proposals for reform of the criminal justice and penal systems. We need to share our input.
9. The Yale Law Journal welcomes submissions for their first prison law writing contest.
10. A call for stories from adult children of incarcerated, or formerly incarcerated, parents.
11. Justus Support Group forms in Troy NY.
May 03, 2012
Effect of Risk Assessment Rule on Parole Decisions Is Unclear
Extract from a report by John Caher, reviewing the impact of recent changes in the parole statute:
ALBANY - A new law requiring the state parole board to consider inmates' rehabilitation and use a "risk assessment" procedure to gauge whether parole-eligible inmates have reformed appears to be having little effect as release rates are largely unchanged and the board is routinely basing its denials on boilerplate statutory language emphasizing the offense, records suggest.
In October, the panel was legislatively required to "incorporate risk and needs principles to measure the rehabilitation of persons appearing before the board, the likelihood of success of such persons upon release."
The board did so, but advocates say the new process appears to have no impact.
"My experience has been it doesn't matter because most of the guys are scoring the lowest risk assessment level and they are still hitting them and saying they are a threat to society," said Cheryl Kates, an attorney near Rochester whose practice consists of advocating for inmates seeking parole. "It doesn't make any sense. They've added an evidence-based procedure but still cite the statute the same way they did previously. It is just a façade. It is status quo."
Similarly, Edward Hammock, a former parole board chairman who now practices criminal law, much of it post-conviction, said he has not seen any change.
"It is my impression that nothing is really happening," Hammock said. "Why do a risk assessment if you are not going to deal with it when considering someone for release?"
Part of the problem is that there is uncertainty about why the statute was changed and what the revision was supposed to achieve. It is not clear if the revision represents a sea change in the operations of the parole board, a tweak of one of the existing factors it takes into consideration, or something in between ... ...
For complete report, see:
Effect of Risk Assessment Rule on Parole Decisions Is Unclear, by John Caher (New York Law Journal, April 30 2012)
See also:
Judge Finds Parole Risk Assessment Not Retroactive, by John Caher (New York Law Journal, May 21 2012)
Acting Supreme Court Justice Mark Fandrich wrote: "While the changes may modernize the parole laws, there is no indication that they were intended to correct any past oversight or clarify the law in any way."
Inmate Loses Parole Bid Despite his 'Incredible Prison Record', by John Caher (New York Law Journal, April 24 2012)
Matter of Thwaites v New York State Bd. of Parole 2011 NY Slip Op 21453
Matter of Hamilton v New York State Div. of Parole 2012 NY Slip Op 22112
ALBANY - A new law requiring the state parole board to consider inmates' rehabilitation and use a "risk assessment" procedure to gauge whether parole-eligible inmates have reformed appears to be having little effect as release rates are largely unchanged and the board is routinely basing its denials on boilerplate statutory language emphasizing the offense, records suggest.
In October, the panel was legislatively required to "incorporate risk and needs principles to measure the rehabilitation of persons appearing before the board, the likelihood of success of such persons upon release."
The board did so, but advocates say the new process appears to have no impact.
"My experience has been it doesn't matter because most of the guys are scoring the lowest risk assessment level and they are still hitting them and saying they are a threat to society," said Cheryl Kates, an attorney near Rochester whose practice consists of advocating for inmates seeking parole. "It doesn't make any sense. They've added an evidence-based procedure but still cite the statute the same way they did previously. It is just a façade. It is status quo."
Similarly, Edward Hammock, a former parole board chairman who now practices criminal law, much of it post-conviction, said he has not seen any change.
"It is my impression that nothing is really happening," Hammock said. "Why do a risk assessment if you are not going to deal with it when considering someone for release?"
Part of the problem is that there is uncertainty about why the statute was changed and what the revision was supposed to achieve. It is not clear if the revision represents a sea change in the operations of the parole board, a tweak of one of the existing factors it takes into consideration, or something in between ... ...
For complete report, see:
Effect of Risk Assessment Rule on Parole Decisions Is Unclear, by John Caher (New York Law Journal, April 30 2012)
See also:
Judge Finds Parole Risk Assessment Not Retroactive, by John Caher (New York Law Journal, May 21 2012)
Acting Supreme Court Justice Mark Fandrich wrote: "While the changes may modernize the parole laws, there is no indication that they were intended to correct any past oversight or clarify the law in any way."
Inmate Loses Parole Bid Despite his 'Incredible Prison Record', by John Caher (New York Law Journal, April 24 2012)
Matter of Thwaites v New York State Bd. of Parole 2011 NY Slip Op 21453
Matter of Hamilton v New York State Div. of Parole 2012 NY Slip Op 22112
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