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Vol. 17, No. 3; Summer 2007 Published by Prisoners’ Legal Services of New York HINTS OF CHANGE AT PAROLE Eighteen months after the state was sued over its range of factors about an inmate, not just the nature extremely low parole rates for violent offenders, of the crime, when deciding on parole eligibility. and more than seven months of a new Mr. Alexander said he believes the Governor has administration in Albany, the New York Law given the Board the “autonomy” to do its job, and Journal reports indications that Parole Boards are higher release rates may be the result. “If there has easing back on what critics had contended was, in been any hesitation [to grant parole] in the past, I effect, an unwritten policy of denying parole to think people feel more able to do the jobs that they inmates based solely on the circumstances of their were entrusted with in this administration,” said crime. …article continued on Page 3 According to the Journal, whereas Parole Boards under former Governor George E. Pataki were releasing violent A-1 felons at a rate of between 3 percent and 5 percent from 2000 to 2005, more than 11 percent of such felons were granted Also Inside… release in 2006; more than 15 percent were released from January to July 2007, and June’s release rate Sentence Reform Commission was 26.7--a release percentage not seen in New Gets Underway .......... page 4 York since the early 1990s, when boards appointed by former Governor Mario Cuomo were making release decisions. Case Note: Reviewing Your Additionally, there are ongoing settlement talks Pre-Sentence Report ...... page21 in the federal litigation against the state, Graziano v. Pataki, in which inmates charged that the Division of Parole was unlawfully making parole decisions Litigating an Excessive based solely on the seriousness of an inmate’s Force Claim in the crime. Court of Claims .......... page22 George B. Alexander, Parole Chairman appointed by Governor Eliot Spitzer, told the Law Subscribe to Pro Se! See back page for details Journal that it is Mr. Spitzer's policy, as well as his own, that commissioners consider and weigh a This project is supported in part by grants from the New York State Division of Criminal Justice Services, the New York State Bar Foundation, and the Tompkins County Bar Association. Points of view in this document are those of the author and do not represent the official position or policies of the grantors. Page 2 Vol. 17, No. 3; Spring 2007 A Message From Susan Johnson, Executive Director The election of Governor Eliot Spitzer committed to rehabilitation, reentry, and appears to have brought with it a welcome reducing recidivism. The present administration change in the way in which New York realizes that it is crucial to successful addresses prisoners’ issues. As we reported in reintegration that reentry services begin before our Winter 2007 issue of Pro Se, just eight days an inmate leaves prison. Individuals who have after being elected, Governor Spitzer issued an been neglected, unfairly treated, or mistreated Executive Order that sharply cut the cost of while in prison are far more likely to be a public collect calls from prisons in New York State. safety risk upon release than those who have More recently, on July 19, 2007, had access to programs, education, and Governor Spitzer signed into law the Family appropriate medical and mental health care. For Connections bill, which states that prison more than thirty years, PLS has helped to telephone service is a right and not a revenue reduce that safety risk by assisting individuals generator. In addition, as this issue of Pro Se while in prison, ensuring that prisoners are notes, Governor Spitzer has also recently signed treated fairly, that they receive the programs, legislation that suspends rather than terminates medical and mental health treatment they need, Medicaid benefits for prisoners while they are and that they maintain contact with their incarcerated. This law enables inmates to families so as to facilitate their reintegration reenter society without having to wait two to into society. Years ago, PLS also played a three months for their benefits to restart. significant role in specific reentry programs, but Governor Spitzer has also issued Executive due to drastic funding cuts, we were forced to Order #10, which created a New York State cut back on the services we could provide. But, Commission on Sentencing Reform. The Order the winds have shifted and PLS is working hard states that the goal of the Commission is to to secure increased funding so we can provide perform a comprehensive review of New York’s such services again. current sentencing structure. As part of that Although it is too early to tell what effect review, the subcommittee on Incarceration and the recent changes in the law will have on Reentry will be evaluating the extent to which reducing recidivism, it is extremely clear, at this education and reentry preparation programs can juncture, that the Governor and those who he facilitate the readiness of inmates to transition has placed in administrative positions share a into the community and reduce recidivism. common goal: to increase public safety by Finally, as the cover story of this issue of Pro Se decreasing the likelihood that individuals will notes, there has apparently been a change in re-offend. Facilitating family contact, ensuring attitude regarding the way in which Parole that individuals who are released from prison decisions should be made, the result being a can obtain the medical and mental health significant increase in the number of inmates services that they need, restructuring our being release to parole since Governor Spitzer sentencing laws with a focus toward education has taken office. and reentry, and encouraging the Parole Board Taken individually, any one of these events to consider all the factors that are relevant to could be seen as progress in the fight for release are all ways in which to achieve this criminal justice reform. Taken together, the goal. message is much stronger. New York State is Vol. 17, No. 3; Summer 2007 Page 3 …article continued from Page 1 she is worried, however, that a more open-minded attitude by Parole Boards could Mr. Alexander, a former Erie County vanish overnight if Mr. Spitzer is politically Department of Probation commissioner. embarrassed by the actions of a parolee. “I think Soon after taking over at the Board this it would be his Willie Horton if any of these winter, Mr. Alexander notified commissioners high-profile guys get out and commit a crime," that they are bound to consider several factors she said. “I don't think it will be seen as an when hearing parole cases under Executive Law individual. It will be seen as, ‘No one should be § 259-i. They include not only the nature of the paroled.’” crimes, but also whether the inmates pose a risk …see related articles, Page 13 to others if released, their prospects for re-entering society, and their efforts to improve personally while incarcerated. Critics of the system as it had come to News and Briefs operate under Mr. Pataki argued that the commissioners--all of whom were eventually appointed by the former Governor--gave New Law Reinstates Inmates to Medicaid inordinate consideration to the circumstances of Immediately Upon Release the crimes and little or none to the efforts inmates made, often over decades, to improve Under a new law signed by Governor themselves. Spitzer in July, inmates who were receiving Robert N. Isseks, the lawyer representing Medicaid benefits prior to their incarceration the Plaintiffs in the Graziano suit, said there has will be immediately reinstated to the Medicaid been something of an easing of Parole Board rolls upon their release. decisions toward violent inmates. He attributes Medicaid is a joint federal/state health care that, in part, to his January 2006 litigation on program for low income persons and persons behalf of inmates who contend they were denied with disabilities. parole unlawfully by Boards who failed to Under prior law, Medicaid benefits were weigh all factors relevant to their release. terminated during incarceration. Inmates had to Amy James-Oliveras, who is active in reapply for benefits when they were released, a several parole reform and inmate relatives process which took two to three months and groups, said she has been at meetings involving could result in delays in obtaining treatment and Mr. Alexander at which he has assured families services at a time when they were greatly that a new attitude is in place and that the needed. Those delays caused many former families are an important factor in an inmate's prisoners to forgo needed medical care, even in successful reentry into society. It was the first cases of serious illnesses or addiction. time the chairman has met with the families of The New York Times, for example, recently inmates, she said. “They expressed that there reported the stories of Sheryl Sohn and Rufus was a new atmosphere and that there was a new Dantzler. Ms. Sohn learned while in prison that balanced approach…but that it would take she had an advanced case of Hepatitis C that time,” said Ms. James-Oliveras, of Wappingers had ravaged her liver. Prison doctors prescribed Falls. Her husband, George Oliveras, served 27 medicine to ease her symptoms and put her on years of a 25-years-to-life term for murder a liver transplant list. When she was released before being paroled. Ms. James-Oliveras said Page 4 Vol. 17, No. 3; Spring 2007 last December, however, a pharmacist at a CVS community supervision, and the use of told her that until her Medicaid benefits were alternatives to incarceration” and make reapproved, she would have to pay for her recommendations for future legislative changes.

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