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You are here: Home / Archives for Parole Justice

November 25, 2019

Article Highlights Parole Injustices: Why We Need Change

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In their December 2, 2019 issue, The New Yorker magazine published “Prepping for Parole,” a 10,000-word article by Jennifer Gonnerman exposing some of the devastating problems with the New York State Parole Board. While we, the Parole Preparation Project, and so many others have pushed the Board to release more people from prison in recent years, they still continue to deny freedom to thousands of New Yorkers in prison and their families, and communities across New York State.

The article featured the incredible work our partners at Parole Prep do with currently incarcerated people serving parole-eligible life sentences. It also featured RAPP Director, Jose Saldana, RAPP co-founder Kathy Boudin, and the devastating story of Richard Lloyd Dennis, a currently incarcerated elder who the Parole Board has denied release to 13 times.


Richard Lloyd Dennis, currently incarcerated elder New Yorker. Photo courtesy of the New Yorker Magazine

“In May 2018, Dennis had been imprisoned longer than all but nine other men in New York State. If he had been convicted of killing anyone but a police officer, he likely would have been set free. Dennis appeared before the parole board for the thirteenth time on August 27th, 2019. Two days later, [Dennis’s Parole Preparation Project volunteer received the news], ‘He was denied.'”
This article helps tell the world what so many incarcerated and formerly incarcerated people and their loved ones have known for years: That the Parole Board still promotes a system of vengeance and punishment that fails to acknowledge peoples’ transformations behind bars. It’s another reminder of how urgent it is that New York State end life imprisonment and promote parole justice.  It’s another reminder of why we need the legislature to pass Fair and Timely Parole (S.497A). It’s another reason why we need you to join us for two events to fight for parole justice:  Tuesday, November 26, 12:30 pm, Foley Square – Rally to reunite families, promote parole justice, and bring hope for the holidays
And Tuesday, January 14, 2020, Albany – Mobilize to end death by incarceration and bring them home! March, rally, meet with elected officials, fight for parole justice
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Filed Under: article, slideshow Tagged With: aging behind bars, Aging People in Prison, death by incarceration, elder incarcerated, New York State Parole Board, Parole Justice

October 21, 2018

Parolees Deserve Justice: Stop Villifying Formerly Incarcerated People to Get Votes

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by Nora Carroll and Dave George, Albany Times Union, October 20, 2018:

State Sen. Patrick Gallivan recently chaired “public” hearings on New York State Parole Board policies and procedures, and on Gov. Andrew Cuomo’s executive order that makes people on parole eligible to vote in this year’s elections.

Gallivan, R-Elma, and many of his Republican colleagues contend the governor’s restoration of voting rights is unconstitutional and endangers public safety, and that the Board of Parole has granted parole release to increasing numbers of “high risk” people.

 

These contentions are not only false, but also a clearly partisan attempt to incite race-based close to the mid-term elections.

Republicans’ objections to people on parole voting offer another example of their desire to limit rather than expand the fundamental core of democratic participation. They also promote a long-legacy of racism that vilifies currently and formerly incarcerated people for the purposes of inciting racist fear among voters.

The remote possibility (because there have been no reported incidents) of a newly-enfranchised parolee committing some crime at a polling place like a school is nothing but a dog whistle. It’s a desperate Willie Horton-esque move by Republican leaders to generate race-based fear before an important election.

It’s undeniable that proportionately more black people and people of color, especially black men, are in prison. This overrepresentation in the criminal legal system is precisely why issues like clemency, felony enfranchisement, and parole justice are racial justice issues, and why trying to disempower people on parole from participating in electoral politics is plainly racist.

The other imaginary menace postulated by many Senate Republicans is the Parole Board’s release of people they deem dangerous or irredeemable. Their hearings purported to examine the standards the Board of Parole uses and whether they are complying with them, as though the Board of Parole has suddenly unlocked the gates and released everyone who appears before them. This is hardly the case. The truth is, while the board’s release rates have incrementally ticked upward over the last year, the majority of parole applicants are still denied parole. That most people appealing for their freedom continue to be denied it for years and decades is the real injustice that Senate Republicans and all New Yorkers should focus on. But that’s unlikely, because for Gallivan and his colleagues these hearings were never about the well-being of New Yorkers or public safety.

The real beef that Republican Senators have is not with the executive branch or the Board of Parole, it’s with their own legislative branch. The people who are interviewed by the Board of Parole are those who were sentenced by judges to parole-eligible sentences. It is the Legislature that determines the sentences for all criminal offenses, not the Parole Board. Therefore, when Gallivan and others opine that someone convicted of murdering a police officer should never be released from prison, they are effectively telling the Parole Board to defy the very laws that they, the Legislature, created. It would be unlawful for the Board of Parole to decline to review someone’s case just because of their crime.

This comes with great irony given that Gallivan’s career as a sheriff, Parole Board commissioner and now legislator has supposedly been about upholding, enforcing and literally making the law.

Further, the “no parole for cop killers” philosophy is troubling when subjected to the most minimal scrutiny. It suggests a greater value should be placed on the lives of law enforcement officers than the rest of us. It denies the reality of redemption and rehabilitation that is so apparent to most people who have even the most minimal experience with prison populations, whether as a convicted person or service provider, attorney, chaplain or prison volunteer. It rejects scientific evidence-based approaches to reducing epic levels of incarceration by releasing those who post the lowest risk: older people convicted of violent crimes. Finally, and perhaps most troubling, this philosophy centers and celebrates the retributive, punitive function of the criminal legal system by embracing life-without-parole sentences, also known as “death by incarceration.”

The motivations of Gallivan and other Senate Republicans are clear in our current political context. With the dissolution of the Independent Democratic Conference and the and recent electoral defeat of six former IDC senators, Republicans are on the verge of losing control of the Senate. Their response is to attempt to drum up and animate the white part of their base that is fearful of those they do not know or understand: black and brown people and the formerly incarcerated.

White voters shouldn’t take the bait and let Republicans succeed, let alone get away with this age-old political strategy. What should be exposed are the injustices facing people in prison and their families. Republican Senators should hear loud and clear that New Yorkers want and demand parole justice, not race-baiting politics.

Nora Carroll is co-director of the Parole Preparation Project. Dave George is associate director of the Release Aging People in Prison Campaign.

NEW: Tell us about what your friend or family member has experienced facing the parole board. RAPP and Parole Preparation Project now have an online form and will be gathering these stories.

Support RAPP’s work: Donate to our online fundraiser

Check our events page for ways to get involved

 

 

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Filed Under: article, slideshow Tagged With: Aging People in Prison, elder parole, geriatric parole, geriatric prisoners, Parole Justice, parole New York State

October 1, 2018

Republicans Try to Bolster Mass Incarceration, Advocates Say No

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On October 1, 2018, a broad coalition of criminal justice advocates, formerly incarcerated people and community members gathered in Albany before a NYS Senate Republican hearing on the State Parole Board’s conduct and the Governor’s restoration of voting rights to more than 24,000 people on parole.

Advocates Rallied to Call Out Senate Republican Leadership’s Racist Political Agenda, Interference in Independent Parole Board Decisions and Peoples’ Right to Vote

WATCH the short press conference here

WATCH Parole Preparation Project and RAPP testimony here

Scroll to bottom of this page to read written testimony by RAPP, Parole Preparation Project, NYS Board of Parole Chair Tina Stanford, Former Albany Police Chief Brendan Cox, the Osborne Association, the Coalition Against Sexual Assault, and NYDOCCS acting commissioner Anthony Annucci

Advocates stood in support of voting rights for all people and increases in Parole Board release rates despite strong opposition from some Republican Senators. Advocates called out the racist political tactics of many Senate Republicans attempting to demonize and attack currently and formerly incarcerated people for political purposes and before the November elections. Advocates said that Senate Republican-led hearings were not rooted in concerns for  “public safety” or crime victims, but aimed at mobilizing their voting base in battleground Senate districts and scaring their constituency. Advocates said that the Parole Board should release more incarcerated people and that all people on parole should have the opportunity to vote, regardless of their crime. They stood with representatives of victims and survivors of crime to make clear that mass incarceration does not support healing, safety or justice for crime survivors and victims.

“New York State Senate Republican leaders need to stop playing political football with the lives of currently and formerly incarcerated people,” said Jose Hamza Saldana, Community Organizer with the Release Aging People in Prison Campaign. “After 38 years in prison, four parole denials and having just voted for the first time in my life, these political optics are a direct attack on me, my family and all incarcerated and formerly incarcerated men and women. There are thousands of parole-eligible and community-ready people languishing in prisons across the state, some for over three decades. The Parole Board should release them instead of re-sentencing them to death by incarceration.” Saldana continued, “Parolees are returning citizens. We were once a part of the problem but today and for a long time we have been an integral part of the solution. We are committed to working with faith and community-based organizations to develop viable strategies to address the social ills plaguing our communities. We will educate, organize, and advocate to retain our fundamental right to vote, and with the support of the community, we will vote our elders home. Let not one more of our elders die in prison.”

“Too often the actions public officials take in the name of crime victims, particularly in the name of survivors of sexual and domestic violence, do not line up with the actual needs and desires of the majority of survivors, especially survivors from communities that are most at risk,” said Chrys Ballerano, Senior Director of the New York State Coalition Against Sexual Assault. “As an organization committed to healing and justice for all survivors and to truly ending sexual violence, NYSCASA recognizes that reliance on a biased and inherently reactive criminal justice system will not achieve these goals. Like many survivors, we would rather see public officials take action to ensure that survivors, their families, and communities have the comprehensive resources they need to heal and to thrive; that significant investments are made in community services and institutions that will prevent violence from happening in the first place; that people who commit harm are held accountable in a meaningful way that does not perpetuate a cycle of violence; and that people who commit harm have access to the services they need to stop committing harm.”

“As Ranking Member of the Senate Crime Victims, Crime and Correction Committee, I fully support Governor Cuomo’s decision to restore voting rights to those who have paid their debt to society,” said Senator Luis Sepulveda, who represents the 32nd District in the Bronx. “They also need more supportive programs – and opportunities – to help put and keep them on a stable and productive footing.” Sepulveda continued, “I also believe it is time for a major overhaul of the state’s Parole Board, which the New York Times in an in-depth investigative report called “a broken system.” To that end, I, the Senate Democratic Conference and the Ranking Member of the Senate Health Committee plan to hold a public forum this November in New York City on the issue of Parole Board reform, in which we hope to address a number of issues, including racial disparity of its membership and inadequate reporting of specific details in assessing its decisions.”

“The National Action Network was honored to have Gov. Cuomo announce his executive order, granting conditional voting rights to over 35,000 people on parole in the state of New York at our National Convention,” said Reverend Al Sharpton, President and Founder of National Action Network. “We have fought and will continue to fight for every person’s fundamental right to vote, despite their history in the justice system. Mass incarceration has only served as a smokescreen for systematized oppression and racist practices. Taking away someone’s right to a voice in our democracy only furthers their disempowerment in a system that has already misserved them for too long. As citizens of their communities, they deserve a right to their voice. Voting and fair parole practices are pillars of a fair restorative and rehabilitative system of justice.”

“The majority of incarcerated older adults have completed or even developed many progressive programs that promote education, constructive and critical thinking, and pro-social behaviors for the betterment of the community,” said James Royall, Re-Entry Advocate at Brooklyn Defender Services. “Rejoining their families and being part of the fabric of society is paramount to them. These are the very individuals who, after release, continue to make tremendous contributions to our society, whether as entrepreneurs, mentors, or loving family members. The state must accelerate the release of these elderly people and uphold the voting rights of all those who are justice-involved.”

“Parole is not an institution that belongs swept up in the ever changing political wind. It is an important tool that allows society to acknowledge the completion of an individual’s sentence, and their capacity to have used their time within the correctional facilities to reflect and change,” said Christopher E. Bromson, Executive Director of the Crime Victims Treatment Center and Co-Chair of the Downstate Coalition for Crime Victims Legislative Committee. “Just as victims have the capacity to heal, and can be offered support to move beyond the trauma of victimization, so too do offenders have the capacity to move beyond criminal behavior. Just as each survivor of a crime is an individual, so too is each incarcerated person. Policies barring the Parole Board from considering the important details of each individual case would exclude a vast number of survivors whose voices deserve to be heard. Many survivors view parole as a justified and appropriate end to an extremely painful experience.”

“These ill-timed hearings are clearly a political stunt orchestrated by Senate Republicans to score political points and to mobilize their voters prior to November’s general elections,” said State Senator Gustavo Rivera. “They are being held to cast a cloud of doubt against incarcerated and formerly incarcerated individuals, even after they have paid their debt to society and have been rehabilitated. As a legislator who is fighting relentlessly to reform our criminal justice system, I will continue to champion common sense measures, such as my bill to implement discretionary release as part of the parole process, so that our State can truly improve the parole system for both victims and incarcerated individuals.”

“If people have served their time inside, then they deserve the rights afforded to them on the outside. Voting is one of those rights,” said Reverend Dr. Que English, Founder, NYC Clergy Roundtable. “The system once again is looking for ways to keep our people in bondage while free. Instead of looking for ways to keep people from their rights, let’s work to improve and enhance opportunities, education, housing, and other important supports.”

“This week, the current majority in the State Senate will hold hearings to reinforce their position that the Parole Board releases too many people. It is a sad day when elected officials call a system broken because parole board members are increasingly fulfilling their sworn duty to uphold the law. Instead of this politically-driven attack, our legislators could work towards a more effective—and just—system,” said Liz Gaynes, president and CEO of the Osborne Association. “We must fill the seven empty seats on the Parole Board so that overloaded Commissioners can thoroughly consider the unique circumstances in each case; digitize records so that Commissioners need not travel long distances to review a single copy of paper records, in some cases just minutes before a hearing that is held by video-conference; and move to in-person parole hearings that are fully staffed by three commissioners. Our current televised but not digitized process makes it even more difficult to assess fully the person before them, leading to thousands of people facing repeated denials despite the wishes of prosecutors, sentencing judges, and in many cases, the victims themselves.”

“The politics of fear and the false connection between race, dangerousness, and criminality have served as obstacles to parole justice for far too long,” said Anthony Thompson, Director of New York University Law Center on Race Inequality and the Law. “We should be working to change that paradigm, and implementing reforms that help get people who have paid their debt to society and changed their lives for the better out of prison and successfully reintegrated into their communities. Unreasonably curtailing parole releases and silencing the political voices of those who have been released from prison is bad policy, guaranteed to reproduce the unfairness and injustice we should all stand against.”

“The Campaign for Alternatives to Isolated Confinement (CAIC) supports people who are on parole to have the right to vote, and urges that New York release more people on parole,” said Victor Pate, Community Organizer with the Campaign for Alternatives to Isolated Confinement. “People who have served their time and been released on parole are New York citizens who should have an opportunity to vote for the representatives who make decisions affecting their and others’ lives. Regarding releases, for far too long the Parole Board has repeatedly denied release to those who have demonstrated their low risk, accomplishments and transformation, and readiness for release to the outside community. The Board needs to look at the people who sit before them and base their release decisions on evidence-based, forward-looking factors.”

“Denying me and others who have been justice-involved the right to vote does not help build communities,” said Edwin Santana, Campaign Leader with JustLeadershipUSA. “Restoring voting rights to people on parole provides a voice to those who have been disenfranchised by mass incarceration, overwhelmingly people of color. While Senate Republicans claim that the Parole Board has been “lenient,” anyone paying attention knows the Board is finally taking baby steps in the right direction, but still has miles to go. As a person who lived through multiple parole denials, I have experienced their total disregard for rehabilitation and sheer uselessness of the system Senate Republicans are looking to re-impose. I say let’s invest in forgiveness and healing in order to give our community the nurturing it needs to grow strong.”

“We need to trust our Parole Board professionals to release individuals who do not pose a threat to public safety,” said Chief Brendan Cox (Ret.) Albany Police Department. “We want them out of prison, contributing to society instead of costing us $100 a day that could be reinvested into programs that prevent crime.”

“Parole must be decided based on criteria such as rehabilitation, remorse, and growth,” said Allen Roskoff, President of the Jim Owles Liberal Democratic Club. “Republican Senators’ desire to base parole release solely on revenge and retribution is wrong. It shows a lack of understanding of human potential and degrades the value of human life and the very concept of humanity.”

“It is disgraceful that Senate Republicans continue to oppose the restoration of voting rights for people on parole,” said Susan Lerner, Executive Director of Common Cause/NY. “Do Senate Republicans also think Dean Skelos should be denied the right to vote when he’s eventually paroled? Sheldon Silver? People on parole in New York deserve the right to vote, just like they do in many other states. It’s time for New York to catch up.”

“Limiting opportunities for people to fully engage in society based on their past mistakes makes little sense and is among the last vestiges of race-based voter suppression,” said Avery Bizzell, Community Organizer with Community Service Society. “Voting is the bedrock of democracy, the voice of the people. For individuals to successfully thrive in our communities, they must have the opportunity to vote and be fully empowered stakeholders.”

MEDIA CONTACT: Dave George, ddgeorge23@gmail.com, (631) 885-3565

Watch the press conference here

Full Albany press statement here

Read our press statement opposing the Senate Republicans’ Long Island hearing on Oct. 2, 2018

Written Testimony of Jose Hamza Saldana, RAPP

Written Testimony of Michelle Lewin, Parole Preparation Project

Written Testimony of Tina Stanford, Chair, NYS Board of Parole

Written Testimony of Elizabeth Gaynes of the Osborne Association

Written Testimony of Chrys Ballerano of the NYS Coalition Against Sexual Violence

Written Testimony of Chief Brendan Cox (Ret.) of the Albany, NY Police Dept.

Written Testimony of Anthony Annucci, Acting Commissioner, NYS Dept. of Corrections and Community Supervision

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Filed Under: slideshow Tagged With: aging in prison, aging prisoners, elder incarceration, elderly prisoners, felon disenfranchisement, older prisoners, parole, Parole Justice, parole reform, voting rights

May 22, 2018

Trump, Lynch, And Who We Call Animals: A Safety Alert

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• BY SUSIE DAY • Did you hear Trump call undocumented immigrants animals? It’s stirring up — rightly — a lot of concern. Among humans, “animal” is the essential, go-to word to deprive people of their humanity. It’s the permission some people give themselves to ridicule, enslave, and commit genocide against other people. “Animal” is a term we read as a danger signal, even in a society such as ours, which was built on ridicule, enslavement, and genocide. And “animal” is often used by law enforcement to describe anyone accused of assaulting a police officer. Interesting, how we’ve let this one go.

Over and over, my friend Herman Bell, who spent almost 45 years in New York State maximum-security prisons, has been called an animal. Herman was convicted in 1975 of killing two New York City police officers and sentenced to 25-to-life — meaning that, after 25 years, he was eligible for parole. Thanks to his accomplishments and compassion over the years; thanks to advances in state parole regulations weighing who a person has become and not just the “nature of the original offense”; thanks to enormous love from family and friends, Herman was released in April, after his eighth appearance before the Parole Board.

But this column isn’t about Herman. It’s instead about the institutions and the people who wanted him to die slowly over more decades in prison. As an animal.

When Herman’s parole decision came down last March, Patrick Lynch, president of the Patrolmen’s Benevolent Association (PBA), declared at a press conference, “We’re gonna get you, we don’t care why you’re behind bars… We just care that you are behind bars.” The PBA also issued a “safety alert” to NYPD officers: “In the event of Bell’s release, all PBA members are urged to remain vigilant, both on- and off-duty, to ensure their own safety and to provide back-up to any other law enforcement officers in their vicinity.”

The danger to public safety posed by Herman Bell out of prison roughly approximates the danger posed by 99.6 percent of undocumented immigrants inside US borders: NONE.

The real danger — which most of us are sleeping on — is the vigilante mentality that powers our law enforcement. Since way before Stonewall, cops have rounded up queers; they can still arrest and brutalize us at street protests. But queer communities don’t necessarily see how the cops also work alongside the prison system. So here’s another safety alert; this one’s about the police.

Be on the lookout for:

Use of Scathing Pejoratives: Words like “monster,” “vermin,” “blood-thirsty,” and, of course, “animal” used by police as synonyms for actual people accused or convicted of crimes. This degree of loathing is designed to authorize the deepest kind of lynch-mob contempt. These names are, in fact, used so often to describe people of color that you wonder if they’re simply society’s latest ploy to get away with saying “n*gg*r.”

Lurid Press Coverage: This is the aorta through which “law-and-order” pejoratives and vigilantism enter the public bloodstream. Mainstream media repeat — unquestioned and un-fact-checked — whatever police officials tell them. “Cold-blooded cop-killer” headlines boost ratings. Meanwhile, the press is too busy buying tough-on-crime accounts wholesale to ask journalism-101 questions, such as why a law officer such as Pat Lynch threatening, “We’re gonna get you, we don’t care why you’re behind bars” isn’t … well … illegal?

Copying down “cop-killer” denunciations, reporters seldom bother to question if adjectives like “cold-blooded” and “monster” are close to accurate. NYPD Commissioner James O’Neill, on hearing of Herman’s parole, wrote that Herman should remain in prison because, “His mind has not changed, his heart has not opened…” Mainstream news outlets never asked how James O’Neill knew this.

It’s inconsequential that O’Neill (also Lynch, Mayor Bill de Blasio, and any other official denouncing Herman’s parole) never met Herman Bell or evinced an interest in records describing how Herman’s changed over the years. This sidelining of journalistic curiosity in favor of garish headlines is the foundation of media and police collusion. Through it, we’re bullied out of wondering if “criminals” might actually be people a little like ourselves.

Backlash Against New Parole Board Regulations: In another press conference, Patrick Lynch lamented the “coup” at the State Parole Board, where “right-minded” commissioners were ousted and replaced by those with an agenda. Already, conservative state senators, who only noticed progressive regulation changes after Herman’s parole, have passed several bills overturning these advances.

Although the bills still need Assembly approval, they include regressions such as mandatory life sentences without parole for a broad range of offenses; requiring the Parole Board to accept statements from third parties — specifically, the police — which would remain confidential; and extending the waiting period between prisoners’ parole applications from two to five years.

These bills would enforce a penal structure denying mercy and equality to thousands of human beings who, for a moment, had hopes of not being seen as animals. Already, tabloids are carrying stories about why the Parole Board should not make the Herman Bell mistake and should deny parole to other “cop-killers.” Already, the PBA has bought radio ads to keep Herman’s co-defendant in prison for the rest of his life.

Assuming the Life of a Police Officer Weighs More than that of a Civilian: In a May 17 editorial titled, “Will every cop-killer in New York now go free?”, the New York Post writes, “cop-killers strike at the core of public safety. That’s why there was long a presumption against ever granting them parole.

But the PBA’S “public safety” means protection from “animals” — not protection for people like Eric Garner or Sandra Bland. It encourages a “worst-of-the-worst” category, which, once established, endangers everyone’s humanity. Recently, in The New Yorker, Masha Gessen wrote about the plight of immigrants and refugees, of Hannah Arendt’s concept of “the right to have rights.” These rights, in theory, “belong to every person by virtue of existence.”

So either we all have this right to have rights or we buy into a safety that ultimately removes our individual agency. Accepting that we don’t matter as much as the person in blue with the badge and the gun provides a cornerstone of an oncoming police state. And — remembering why Hannah Arendt wrote in the first place — that kind of thing has happened before.

This article appears at Gay City News/ http://gaycitynews.nyc/ along with others by Susie Day on parole justice and the case of Herman Bell.

 

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Filed Under: article, slideshow Tagged With: Aging, aging in prison, Aging People in Prison, aging prison population, elder parole, elders, Herman Bell, older incarcerated, older prisoners, parole, Parole Justice

December 9, 2017

The People’s Campaign for Parole Justice NY

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RSVP HERE to be part of a powerful movement to end the cruelty of permanent punishment.

• Photos: Walter Hergt • Here’s how it looked last time we gathered in Albany (on January 14, 2020) demanding that our elected officials end death by incarceration and advance parole justice. RAPP, the Parole Preparation Project and hundreds of others from across New York State mounted a Day of Action to pass Elder Parole (S.2144) and Fair and Timely Parole Act (S.497A). We marched, rallied, and met with dozens of New York State elected officials. Go to our Press page to read what the media had to say about the rally and the issues.

NOW WE’RE GOING BACK TWICE AS STRONG, and we need you to RSVP here to join us on April 21

WHY: New York State has the eighth highest rate of people serving a life sentence in the country—roughly 9,200 people. More than 1,000 of them are serving Life Without Parole or virtual life without parole—with a minimum sentence of 50 years—sentences. 75 percent are People of Color.

Long and life sentences combined with few opportunities for release have created a crisis of aging, sickness and death in New York State prisons. There are now more than 10,000 people in NYS prisons—20% of the prison population—aged 50 or older; most are Black and Latinx. While the prison population in NYS fell by 27% between 2000 and 2016, the number of incarcerated older people more than doubled. Older people, especially those who have been convicted of the most serious crimes, pose little if any risk to public safety. In fact, when released, many formerly incarcerated older people engage in work that enhances public safety and community health.

To begin to scale back long and life sentences in New York State, promote the release of long-serving incarcerated older people, and reunite families and communities, New Yorkers across the state are pushing for two pending legislative initiatives:

  • Fair & Timely Parole (S.497A): A bill that would change the parole release process in New York State ensure that people are evaluated for release based on who they are today and not their crime of conviction.
  • Elder Parole (S.2144): A bill that would allow people aged 55 or older who have served 15 or more years in prison a chance at release, regardless of their sentence or crime of conviction.

Both these bills made some progress in the 2019 state legislative session, but never made it to the floor for a vote. That’s why we need to be up in Albany at the beginning of the new 2020 legislative session. Come with us to keep fighting for justice on April 21—and be part of the solution. RSVP HERE

MORE: Read more here about these bills and why we need them.

At Albany Capitol on January 14, 2020

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Filed Under: article, slideshow Tagged With: advocacy for elders, aging behind bars, aging in prison, Aging People in Prison, elder parole, incarcerated elders, life sentences, parole board, Parole Justice

February 12, 2016

3 Steps To Parole Justice in New York

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Shock waves continue to spread from the August suicide of John MacKenzie in his 40th year behind bars and following his 10th parole denial. At the August meeting of the New York State Board of Parole, the chairperson read an angry letter blaming the Board for John’s death.

Fueled by our grief for John’s death, we must now push forward and make a change. It is time to get the Board to release our elders, our family members, the thousands of people in New York prisons who have served well beyond their minimum terms, who pose no threat to public safety, but who remain in the tombs of our state because the Board denies their parole applications every two years.

Those denials, after all, are what killed John.

  1. Urgent, Right Now: Comment on New Parole Board Regulations

Reacting to years of pressure from the public, the NYS Board of Parole has published new draft regulations to guide release decisions. The new version is designed to correct a major fault in the current regs, which ignore a 2011 law directing the Board to base decisions on risk and needs assessments—evidence-based tools that help predict a person’s future actions.

Some of the proposed changes to the regulations may provide greater protections to parole applicants. Specifically, the proposed changes require commissioners to consider risk assessment scores, as well as age (for people who were under 18 at the time of the crime and face a life sentence), with more purpose and intention than is current practice. In the same spirit, the new regulations also require that in their denials, commissioners must give “factually-individualized” reasons for their conclusions.

But the proposed regulations do not fundamentally change the structure or methods of the Parole Board. The rules are not explicit and clear in making sure that the Board assesses applicants based on their current risk, rehabilitation, and readiness for release. As such, the regulations could result in a continuation of the Board’s current practice: refusing to release people from prison even when they pose a low risk of endangering public safety and are undeniably suitable for release. THIS sample comment, which you can use in submitting your own, explains this more fully.

The Board needs to hear from us—incarcerated people, family members, community organizations and individuals who care about justice and want to see the prison population decrease.

Click here for instructions on submitting comments.
Click here for suggested points to include.
Click here to read the Parole Board’s draft regulations.

Read comments filed by:
RAPP
Center for Appellate Litigation
NYC Council Member Daniel Dromm, 25th District Queens
National Lawyers Guild New York City Chapter
Community Service Society
New York State Bar Association Committee on Civil Rights
Quinnipiac University School of Law
Christopher Seeds, Attorney at Law
Milk Not Jails
Kathy Manley, Attorney at Law
Brooklyn Defender Services
Legal Aid Society and Prisoners’ Rights Project
Correctional Association of New York
Brooke Taylor
Claude Marks/Freedom Archives
Daniel McGowan
Glenn Martin/Just Leadership USA (JLUSA)
Prince Shabazz
Michael Gauthier
Ryan Barbur
NahShon Jackson
Jeffrey Bernstein
José Garcia
John Curry
Rise & Shine Community Services, Inc.
Mark Dixon
Donnell Deberry
Roslyn Smith
George Hill
Robert Rose
Issa Kohler-Hausmann, PhD, JD; Avery Gilbert, JD; Christopher Seeds, JD
Richard Hontoria
Annette Ross
Kevin Mays
The Osborne Association/Elizabeth Gaynes
Dwight James
Adrian Lopez
Alberto Rivera
Moira Meltzer Cohen, Esq.
New York State Prisoner Justice Network
Aaron Talley
Alejo Rodriguez
Richard Robles
Nancy Jacot Bell
Prison Action Network
Elysa Vulpis-Zoccoli
April Ruiz
Aretta White
Blair Meyer
Parole Justice Committee of Capital Area Against Mass Incarceration
Brittany Blizzard
Cale Layton
Charles Bowman
Christine Lolisco
Chuck Culhane
Craig Stallone
Dawn Savarese
Connie Tusa
DeAnna Dawson
Center for Community Alternatives
CURE-NY/Deborah Bozydaj, President
Damaris Reina-Herbas
Donna M. Accettulli
Elaine Arsenault
Erobos Lamashtu
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Andras Turcsan
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Errol Prince
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Marvin Everett
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Joan Potter
Kerry Gant
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Lisa Drapkin
Lisa Melendez
Liseli Haines
M.C. Wise
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Nakayima Fennelly
Mike Cintron
Patricia Lydon
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Sarah Mills
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Mary Frances Burek and Pat Case
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Philip Fernandez
Robert Rose III
Peter King
Luzcelenia Lamont
Lawrence Dotson
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Sharyn Kerrigan
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Richard Kuhn, Criminon
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These materials are suggestions—undoubtedly it is those most affected by parole who are the experts in its reform. However, we believe there is great power in sending a unified and consistent message. We can demand that the Parole Board create clear regulations to begin doing what Parole Boards should: release people for whom further incarceration serves no purpose—neither protecting public safety nor advancing personal growth and rehabilitation. With your help, we can work toward parole reform and help reunite people with their families and communities.

Comments can take the form of a letter, or even just a list. We encourage you to include your own personal stories of how you or your loved ones have been impacted by current parole policy, as well as criticisms of the current proposed regulations.

2: Remove Obstacle: Recalcitrant Commissioners

Improving the regulations would be an important step forward. But there is another obstacle to justice: some parole commissioners have shown themselves to be dead set against following any such changes. They deny parole release over and over, thumbing their noses at the law. There is no reason to believe that these commissioners will respect the new regulations any more than they have respected the 2011 law.

The Board’s practice will never improve with such commissioners in office. Therefore, we urge Governor Cuomo, who appoints the Board, to remove these commissioners now or refuse to reappoint them when their terms expire. Among the most recalcitrant Commissioners are G. Kevin Ludlow, Lisa Beth Elovich, Walter William Smith, and James B. Ferguson (all appointed by former Governor Pataki). Governor Cuomo, who is the ultimate authority for the Board, must tell them and all commissioners: Either follow the law or find another job.

  1. Join the Fight for New Laws for Parole Justice

Two bills now before the New York State Legislature—the Safe and Fair Evaluation (SAFE) Parole Act (S.1728/A.2930), and Assembly Bill A,9960—would correct basic problems with New York’s parole practices. The Assembly bill (A.9960), for example, says:

…risk and needs assessments shall comprise presumptive evidence of the inmate’s risk of re-offense. Should the board choose to override such risk and needs assessments in deciding whether or not an inmate will iive and remain at liberty without violating the law, its decision must provide a detailed, individualized and nonconclusory statement as to its reasons for departing from the risk and needs assessment findings which shall be subject to judicial review. Such override decisions shall not be based solely on information relating to the instant offense and/or the pre-sentencing report for such offense.

Join RAPP, Parole Justice New York, and many other groups (more than 100 so far) in urging your representatives to pass these laws.

(Photo on homepage by Victoria Law)

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Filed Under: article, slideshow Tagged With: Aging, aging behind bars, aging in prison, clemency, Comments, elder parole, John MacKenzie, New York State Parole Board, NYS Parole Board, parole, parole board, Parole Comments, Parole Justice, parole reform, Parole Regs, Parole Regulation Comments, parole regulations, Public comments

January 20, 2015

Police Union Blocks Justice in Parole and Community

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The current standoff between the community and the NYPD is even larger than it appears. Not only are police, represented by their union, the Patrolmen’s Benevolent Association (PBA), turning their backs on Mayor Bill De Blasio, but they are also denying New York’s growing population of incarcerated elders a chance at dignity and justice. Aside from the Parole Board itself, no group influences parole release decisions as much as the PBA, and they wield their power to make sure that certain people never get out.

Protesters in New York and throughout the country have made themselves loud and clear: there is a pattern of policing in our cities that suggests the police do not protect but rather endanger Black lives and communities of color. The PBA has taken these calls for change as a direct threat to police interests. Insisting that Black lives matter has become, in the eyes of the PBA, a violent threat. Since the deaths of two NYC police officers at the hands of a misguided man, media have chronicled the “rising tensions” between cops and New York City residents. In the wake of the deaths, the PBA initiated a work slowdown, claiming they feared for officers’ safety.

This punitive attitude has implications for incarcerated people. In light of the imaginary “backlash” against the cops, the PBA has renewed its efforts to keep many parole applicants behind bars – at all costs.

A button on the PBA webpage instantly sends letters to Parole Board Commissioners insisting they deny parole to anyone convicted of violence—even attempted violence—against police. The PBA urges parole commissioners to focus on the suffering of deceased policemen’s families, ignoring the mandated use of risk assessment tools to determine when an incarcerated person should be released. This nourishes a system of revenge and permanent punishment in which a person’s original offense (often committed as many as 40 years ago) is elevated above all considerations of change, personal growth, and current risk to public safety. This effectively positions the Parole Board as a re-sentencing body, in which the nature of the crime is paramount.

It also feeds the continuing growth of the population of people over age 50 in the New York prison system—the very population shown to pose nearly no risk at all to public safety.

PBA president Albert O’Leary insists that “cop killers should never see the light of day,” but nearly every cop who has taken the life of a Black man has walked free. And what of Eric Garner’s family? Akai Gurley’s family? Mike Brown’s family? Is their grief worth less? The PBA, alongside the Parole Board and the courts, is sending a clear message that some lives should matter more than others.

One of the most disturbing effects of this rhetoric identifying cries for justice as “anti-cop” is that it undermines our right to ask for accountability, our desire to confront the racism inherent in police practices, and our ability to question whether the life of a police officer should be worth more than a civilian’s. As the PBA and their president Patrick Lynch cause a racket with their vitriol and their arrogant demands for unearned respect, it is important to continue insisting that Black lives matter. Whether demanding racial justice on the streets, in the courts, or at parole hearings, we will continue making our voices louder than the PBA’s clamor.

#BlackLivesMatter #ReleaseIncarceratedElders #ReleaseAgingPeopleInPrison

(In September, 2015, a front-page NYTimes article provided another example of how the PBA and NYSCOPBA, their statewide union with correctional officers, tries to block justice)

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Filed Under: article, slideshow Tagged With: #BlackLivesMatter, #ReleaseAgingPeopleInPrison, #ReleaseIncarceratedElders, incarcerated people, NYPD, parole, Parole Justice, PBA, prisoners

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