Parole Denials, Solutions, Winning Cases

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[National Oppression] [Release] [New York]
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Parole Denials, Solutions, Winning Cases

I am writing to your publication to report some troubling statistics concerning Black men incarcerated, the parole system, and the latest Supreme Court cases regarding parole denials.

Black men incarcerated

There are approximately 27,494 Black males in the New York state prison system (50.8%) - New York State Department of Corrections and Community Supervision (DOCCS) - and, that's over half (51%) of the prisoners in custody as of January 1, 2011, according to DOCCS Under Custody Report: Profile of Inmate Population. These figures are extremely drastic, appalling and warrant investigation by the United Nations, because Blacks are being targeted to fill up NYS prisons in order for certain whites to maintain employment in the rural areas up north in NY.

Black females incarcerated

In NY prisons DOCCS is warehousing 965 Black females (43.7% of the female prison population). Of the total number of prisoners (54,109) under custody in NY (including DOCCS, jails and other facilities), 2,206 (3.9%) were Black female, according to the Under Custody Report (2011). Compare these statistics to the white prisoners women who are only 1.5% of the prison population.

Blacks and Parole

Dating back almost 50 years, the Board of Parole (BOP) commissioners have been denying parole to Blacks more than any other ethnic group in NYS. Despite our (Black male and female) efforts to rehabilitate ourselves via obtaining education (GEDs, mandated programming by DOCCS and college), the BOP continuously denies Blacks parole at an alarming rate compared to other nationalities. Also, for years the BOP has utilized the nature of the crime as the sole reason for denying Blacks parole - although the nature of the crime (NOC) will not change - it is whatever someone was locked up for. This means that those convicted of some crimes have no chance at parole no matter what they do in prison. This amounts to the BOP admitting that prisons are not about rehabilitation since the one thing a prisoner can not change is the NOC.

In a recent ruling the court wrote: "...they [BOP] cannot base their decision exclusively on the seriousness of the crime and must explain their denials in detail..."(1)

On March 31st, 2011 several significant amendments to the Executive Law (BOP) were signed into law - including Executive Law (Exec. Law) 259-c(4); however, BOPs "lawlessness, arbitrariness and their refusal to follow the mandates of the legislature..." warrants an independent investigation by the United Nations (UN) for further scrutiny about denying parole to eligible inmates who have earned their freedom by doing the right thing (i.e. completing their minimum, taking responsibility for their crime(s) and obtaining their mandated programming).(2) If you are reading this article and you have been denied parole after March 31st, 2011, or you know someone in NYS-DOCCS who has been denied parole unfairly, then please be aware of the following cases recently appealed by inmates that - as a result of their litigation - were released:

  1. Velasquez v. NYS Board of Parole (Feb 6, 2012)
  2. Thwaites v. NYS Board of Parole, 934 NYS 2d 797 [see also Pro Se, Vol 22 No 1] and;
  3. Winchell v. Evans, 27 Misc. 3d 1232(A) (Sup.CT.Sullivan Co. June 9, 2010), [reported in Pro Se, Vol.20, No.4].

All the above cases (Article 78s) are winning cases which resulted in prisoners - who chose to litigate their matter by challenging the BOP - being released from DOCCS custody.

Out of twenty years of my incarceration, I have witnessed the BOP deny parole to many men and women based upon their nature of the crime - despite their efforts to rehabilitate themselves. Some of these people have earned Master degrees, Bachelors and the minimum of an Associate degree, only to be denied by the BOP commissioners who judge the prisoners for a period of 15-30 minutes, if that, during their parole hearing.

The nature of the crime doesn't, will not and cannot change so why are we being denied parole solely based on the very element which will not ever be different?

Conclusion

In my humble opinion - after serving 20 years in NY DOCCS - the only way we prisoners will receive justice is by taking our case to the UN for review. How do we attempt to go about this? Reflect back on the Egyptian people and how they were successful in spreading the message of support for their cause via internet. This tactic will have to involve our families who are already walking around with cellular phones all day so this should not be a difficult project. I strongly believe that we can change the BOP unfair practices against us Blacks and Latinos. If we care enough to work together, putting your petty differences aside to bring our relatives home. Our family members have served their time, changed their lives by establishing entirely new ways of thinking and by obtaining higher education. It's time now for our people to step up and support our cause for challenging the BOP unfair parole denials against Blacks and Latinos.

Notes:
1. Pro Se, Vol.21 No.5 2011
2. For more information contact parolereform.org


MIM(Prisons) adds: As we reported in our review of The New Jim Crow, these statistics on national oppression in the criminal injustice system in New York mirror what happens across the United $tates. This author makes a good point about parole hearings and reasons for denial. If parole is going to be based on the very crime for which someone is locked up, there is no point to having a hearing. If prisons in Amerika were truly serving a rehabilitating purpose, the work prisoners do educating and changing themselves should be the primary basis for granting parole. It is good to hear that some court cases are being won on this front.

We do agree that this is a battle worth fighting to help get our comrades onto the streets sooner, but we don't anticipate the imperialist-dominated United Nations to offer any support for the oppressed people of the world. We may win small reforms through the courts and with mass protests, but the only way to truly put an end to the criminal injustice system is by dismantling the imperialist system it serves.

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