MT Criminal Justice Reform Network Alert

MT. Criminal Justice Reform Network

ALERT November 2010

The Board of Pardons and Parole has recently posted their proposal for New Administrative Rules Change. There are some disturbing changes proposed and we are asking that you look over the proposal and send your opinions to the “powers that be.”

New rule 3 and 4 will be a big problem, it states unless the Board sets a date for you, reviews will be conducted based on a person’s discharge date. Less than 5 years away you will be reviewed every year, less than 10 years away you will be reviewed every three years and more than 10 years away you will be reviewed every 8 years.That means by saying no less often they could potentially give a person a 10-15 year flop.

20.25.901 clemency has changed so that if they deny it the first time you can not reapply. These are just some of our concerns please read through the proposal at www.cor.mt.gov

This legislative session Medical marijuana, DUI’s and DNA are going to be HOT topics. What we do not see this session are two very important issues, Mandatory Parole and Parole Board Reform. The current system is still overcrowded and with the implementation of these new rules we are looking at an even bigger Corrections budget. Montana still has prisoners locked up that have had paroles for years. A bill needs to be drafted right away for Mandatory Parole, and Parole Board reform.

Some talking points for Mandatory Parole could include things like:

  • Mandatory Parole works in several states and has reduced overcrowding
  • MT prisoners should be encouraged to successfully complete programs and groups, and if they have maintained clear conduct they should be granted paroles.
  • Mandatory Parole saves the state money while still protecting public safety.
  • Long sentences = overcrowding

We have received numerous letters from prisoners concerning their Parole Board experiences. These were some of the things they reported:

Completed all groups and classes and have maintained clear conduct for many years and the Board flopped them for 1-5 years. This left them feeling hopeless and wondering what do you have to do to get a parole in this state.

Given a pre-release recommendation by the Board and then being turned down by all of them. Leaving them doing more time inside the prison

Being denied parole because they haven’t done enough time yet.

Nature and severity of offense. ( this is something they can NEVER change no matter what they do)

Parole Board Reform is something that Legislators realize needs to be done, however we see no bill drafted concerning this issue either. Clearly something needs to be done and we need your help to make this a priority with legislators. Please check out the New Administrative Rules listed on the Corrections website www.cor.mt.gov and write, call or email Legislators on the Law and Justice Interim Committee and the Governor as soon as possible.

Family members can call Connections if they have any questions or need help writing letters. Prisoners can write if you have questions or need clarification. A list of Legislators and committees can be found at www.badbills.com

Casey Rudd

1117 N 7th Ave #3

Bozeman, MT 59715

406-556-1139

caseyconnections@msn.com

www.mtconnections.org

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Cutting The Numbers

Educating to reduce recidivism

In Montana there are three primary obstacles that prevent offenders from achieving higher education. The first being the lack of development of effective policies to promote post secondary correctional education [PSCE], lack of legislative support, along with a serious lack of funding. There are still other significant obstacles including lack of adequate facilities and other structural and institutional obstacles that will prevent the implementation of an effective PSCE system. New and innovative policies are needed to overcome these obstacles.

At Montana State Prison, getting a college education seems like a fairy tale for most offenders. They know it would be a life-altering opportunity. Unfortunately, the majority of offenders are not academically prepared for college-level courses, less than 60% of State offenders nation-wide hold a GED or high school diploma. Currently MSP has GED prep classes, though there is a very long waiting list and offenders are passing the GED at a slow rate. The only vocational education provided at MSP is classes in automotive, diesel and welding, which are provided by Montana Correctional Enterprises. There are only approximately fifty slots per semester. These slots are often filled by students from the last semester, leaving little room for new enrollment.

The Open Society Institute, in 2002, found that 66% of Americans want the criminal justice system to emphasize the rehabilitation of offenders through education or job training programs rather than simply using prisons as a place to warehouse offenders who will eventually be released back into their communities. Fifty-five percent of those surveyed believe that current efforts to rehabilitate offenders have been unsuccessful. [Peter D. Hart Research Associates 2002] This belief is supported by high recidivism rates.

Rehabilitation efforts are hindered by an insistence of incarceration and little interest placed on rehabilitative programming. resentment from correctional staff over offenders being offered the opportunity to attend college causes other obstacles. Making post-secondary education available to corrections staff would reduce many of these resentments. If a PSCE system was in place for offenders, the instructors, textbooks, classrooms and equipment would already be available, and services could be provided low-cost to staff for professional development opportunities. new Mexico and Arkansas offer just such opportunities to their correctional staff.

The value of PSCE far outweighs any duplicity that may be implied. For correctional facilities, PSCE can improve security. Better communications between staff and offenders, positive peer role models and a dramatic reduction of disciplinary infractions are just a few positive changes that can be fostered by PSCE programming.[Taylor 1992] The greatest positive changes occur most often in the most incorrigible and violent prisoners. [Taylor 1994]

A study done at Bedford Hills, a maximum security prison in New York, mentioned that offenders enrolled in a college program became better able to judge the consequences of their actions and to take responsibility for them. As a result, offenders were more likely to see themselves as active participants in determining their own future and thus make choices that would improve their situation. [Fine et all 2001]

The most significant benefit of PSCE is improving employability upon release. Most offenders were unemployed or employed at very low-wage jobs prior to incarceration. After release, offenders also face the stigma of being an ‘ex-con’. This can lead most offenders to believe that they will not be able to find gainful employment. College education and/or vocational education can change this.

The largest contributer to the population of offenders is recidivism. Recidivism, whether new conviction or parole/probation violation, is a serious problem in Montana. Thirty-five years of PSCE recidivism studies consistently report statistically significant reductions in recidivism. Data suggests that better educated offenders are less likely to relapse into criminal behavior after release from prison. [Erisman & Contardo 2005] Washington State Institute for Public Policy found that correctional education, including post-secondary education, would help lower prison population. [Aos, Miller and Drake 2006] In 2007, Washington legislature provided an additional $5 million for PSCE to the DOC that year. The Virginia Dept of Correctional Education commissioned a study of their current programs in 2005. The study showed dramatic reduction in recidivism of those who participated in PSCE.

Recidivism is an enormous cost to the taxpayers of Montana. Between 2003 and 2008 the adult male institutional population increased by more than 25%. At a cost of $91.97 a day per inmate, this was an increase of $23.7 million to the taxpayers of Montana. Studies clearly demonstrate that offenders who participate in PSCE have lower recidivism rates. One analysis that examined 15 different studies conducted during the 1990s found that 14 of the 15 studies showed reduced recidivism for offenders who participated in PSCE, with an average reduction of 46% lower than non-participants. [Chappelle 2004]

New Mexico has been able to provide PSCE through Eastern New Mexico University-Roswell via high-speed network connection for 400 offenders at the cost of only $500 per inmate per year. This amount covers tuition, fees and books. The offenders are not able to access the internet to send email or view external web sites. Offenders do not have direct contact with instructors. Instead there are DOC facilitators who monitor the classes, answer questions and pass messages between students and faculty.

John J. DiIulia, a professor at Princeton University, states “..In prison systems cost-effective management is possible only because programs keep prisoners busy, with less supervision than you’d need otherwise… Especially with respect to certain types of prison educational programs, you save money by hiring fewer officers in the short run and reducing recidivism in the long run.” PSCE has been proven to be the most cost-effective rehabilitation programming opportunity in corrections.

Gail Hughes, the former deputy director of Missouri DOC, stated that the real goal of corrections is not to spend money but to produce a good product at a reasonable cost to society. The ‘product’ is a rehabilitated offender, that becomes a law-abiding, productive member of the community. This is not an easy task to accomplish with the current ‘throw away the key’ outlook. A PSCE system in Montana will turn an economic liability into an asset. Reducing recidivism through PSCE will save DOC, thus the State, millions of dollars and in the not-so-long run produce more income for the State through payroll taxes.

~Sam Belyaner, MSP

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New study conducted at the U of WA…

A new study conducted at the University of Washington concludes that the Montana Meth Project, having spent millions of dollars on a now-famous advertising campaign, “has had no discernable impact on meth use.”.. article is here.

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Article on MTAP funding..

-Article this morning in the Missoula Independent on MTAP grant funding loss and its affect on programs in the State. They talked to both Ed and Case, and many others involved in HIV-HCV outreach work around the State. Here you go… Independent article

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Carl Nelson’s Folly

Douglas R. Boese #24525 MSP

This time last year the inmate population on both the high and low side of the prison watched in wonderment, the befuddled installation of the new “sprinkler system”.

This new “sprinkler system” turned out to be a simple mainline water-pipe connected to water stations from which inmates on the yard crews could drag garden hoses to those very same areas that were reached by the hydrant manifolds used for years to water the prison grounds.

The Montana State Prison’s maintenance supervisor apparently directed this contract to two of his friends, which were down on their luck. I must assume they were friends of Carl Nelson as they didn’t have any common sense either.

This two month befuddled irrigation installation ended with blown valves, broken pipes, and a system that will never operate…oh, and thanks to Carl Nelson the Montana taxpayers are out $90,000.00 in these tough economic times.

I have installed “sprinkler systems” on numerous Museums, College Campuses, and Golf Courses with everyone of them still running to this day, with minor adjustments and repairs due to general wear and tear.

Now, lets jump to present day with abandoned “sprinkler system”, Carl Nelson’s friends allegedly being escorted off prison property with the Montana taxpayers $90,000.00 in their pockets, and officials from the Montana Department of Corrections, Montana State Prison, and of course Carl Nelson wanting to sweep this irrigation fiasco under the rug.

I’m sure most of you reading this letter will remember in recent months, the newspaper articles with the Dept. of Corrections director Mike Ferriter touting reform and more accountability for contracted services to these state agencies. Well, a lot of hot air from Dir. Ferriter and $90,000.00 later neither Carl Nelson nor his friends have been held accountable for bilking the Montana taxpayers.

So, if anyone out there is looking for a slightly broken but never used “sprinkler system”, Carl Nelson has one in underground storage here at the Montana State Prison.

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