Probation or Parole

RSS Feed for this category

Republican Lawmakers Shifting Tough-On-Crime Stance As State Budget Problems Multiply

In no state is the philosophical U-turn more abrupt than in Oklahoma, where last year the Legislature was barreling in the opposite direction. New Republican Speaker of the House Kris Steele is expected to unveil a package of proposals that would divert thousands of nonviolent lawbreakers from the prison system and ramp up paroles. Similar crash prison reductions are going on from coast to coast. Michigan has shuttered 20 correctional facilities and slashed spending by nearly 7 percent. South Carolina expects to reduce its inmate numbers by 8 percent by putting drug dealers, burglars and hot check writers into community programs instead of behind bars.
Publication/Source: 
Los Angeles Times (CA)
URL: 
http://www.latimes.com/news/nationworld/nation/wire/sns-ap-us-broken-budgets-prison-problems,0,2779184.story

Massachusetts Governor Patrick Proposes Sentencing, Parole Reforms for Drug Offenders

Location: 
MA
United States
Mandatory minimum sentences for drug crimes that don’t involve guns or children would be repealed, giving more discretion to judges, and certain drug offenders serving mandatory minimums in state prison would be eligible for parole after serving half their maximum sentence, under legislation Gov. Deval Patrick plans to file with his budget.
Publication/Source: 
Mansfield News (MA)
URL: 
http://www.wickedlocal.com/mansfield/town_info/government/x1203794915/Gov-Patrick-proposes-sentencing-parole-changes-for-drug-offenders

Felons Who Want Medical Marijuana Put State in Awkward Position

Location: 
WA
United States
Out of 320 requests from felons on supervision in Washington, seven people have gotten permission to use medical marijuana — a select group that includes a forger wasting away from AIDS and a white-haired grandmother named Kathy Parkins with fibromyalgia. A frustrated group of advocates, attorneys, physicians and patients says the state's Department of Corrections is ignoring the state medical marijuana law by substituting its judgment for that of doctors who recommend the drug. The policy, they say, is ripe for a legal challenge, although none has been filed.
Publication/Source: 
The Seattle Times (WA)
URL: 
http://seattletimes.nwsource.com/html/localnews/2013810004_marijuana03m.html

Growth of Ex-Offender Population in United States Is a Dramatic Drag on Economy (Press Release)

For Immediate Release:November 15, 2010
Contact: Alan Barber, (571) 306-2526

Washington, D.C.- Three decades of harsh criminal justice policies have created a large population of ex-offenders that struggle in the labor market long after they have paid their debts to society, according to a new report from the Center for Economic and Policy Research (CEPR). Because prison records and felony convictions greatly lower ex-offenders' chances of finding work, the United States loses between $57 billion and $65 billion a year in lost output.

“It isn't just that we have the highest incarceration rate in the world, we have created a situation over the last 30 years where about one in eight men is an ex-offender,” said John Schmitt, a Senior Economist at CEPR and a co-author of the report.

The new report, “Ex-offenders and the Labor Market,” found that in 2008 there were between 5.4 million and 6.1 million ex-prisoners and between 12.3 million and 13.9 million ex-felons in the United States. Over 90 percent were men.

In 2008, about one in 33 working-age adults was an ex-prisoner, and about one in 15 working-age adults was an ex-felon. Among working-age men in that same year, about one in 17 was an ex-prisoner and one in eight was an ex-felon.

Because ex-offenders face substantial barriers to employment, the authors estimate that the large ex-offender population in 2008 lowered employment that year by the equivalent of 1.5 million to 1.7 million workers.

"The rise in the ex-offender population overwhelmingly reflects changes in the U.S. criminal Justice system, not changes in underlying criminal activity," says Schmitt. "We incarcerate an astonishing share of non-violent offenders, particularly for drug-related offenses. We have far better ways to handle these kinds of offenses, but so far common sense has not prevailed."

The report warns that in the absence of reforms to the criminal justice system, the share of ex-offenders in the working-age population will rise substantially in coming years, increasing the magnitude of employment and output losses estimated for 2008.

###

Sentencing: South Carolina Governor Signs Reform Bill, Will End Mandatory Minimums for Some Drug Offenses

South Carolina Gov. Mark Sanford (R) Wednesday signed into law a sentencing reform package that includes ending mandatory minimum sentences for some drug offenses. The bill, SB 1154 was based on the recommendations of the South Carolina Sentencing Reform Commission, empanelled by the governor in a bid to slow the growth of corrections spending in the state.

"A number of structural problems with our prison and parole system have prevented Corrections from making improvements that would both discourage recidivism and save taxpayer resources in the process," Sanford said in a signing statement. "This bill accomplishes many of those goals. It's designed not only to make our corrections process even more lean and effective and thereby save taxpayers millions -- but also to reduce overall crime and consequently improve the quality of life we enjoy as South Carolinians."

While South Carolina can brag about how cheaply it can imprison people -- it spends the second lowest amount per inmate in the country -- its prison budgets have soared along with its inmate population since the 1980s. In 1983, South Carolina spent $64 million to keep 9,200 people behind bars; this year, it will spend $394 million to imprison 25,000 people.

The bill attempts to change that trajectory through a number of measures. It ends mandatory minimum sentences for first-time drug possession offenders and allows the possibility of probation or parole for certain second and third offenders. It also removes the sentencing disparity between crack and powder cocaine possession.

It also allows more prisoners to get into work release programs in the final three years of their sentences and mandates six months of reentry supervision for nonviolent offenders. The bill allows for home detention for third time driving-with-a-suspended-license offenders and for route-restricted drivers on first and second convictions.

It isn't all sweetness and light. The bill shifts the status of two dozen crimes, including sex offenses against children, from nonviolent to violent, meaning inmates convicted of those offenses will have to serve at least 85% of their time before being paroled. It also increases penalties for habitual driving-while-suspended offenders who kill or gravely injure someone.

Still, the bill should have a real impact on the system, especially given that drug offenders are the biggest category of offenders in prison in South Carolina, followed in order by burglars, bad check writers, and people driving on a suspended license. Officials estimate the measure will save the state $409 million over the next five years.

Sentencing: California Appeals Court Upholds Ban on Probationer's Medical Marijuana Use

A California appeals court has ruled that a judge who forbade a defendant from using medical marijuana as a condition of probation acted within his powers. The 2-1 decision was harshly criticized by the dissenting justice, who said it undermines California's voter-approved medical marijuana law.

The ruling by the First District Court of Appeal in San Francisco came in People v. Moret, in which Fairfield resident Daryl Moret, then 19, was arrested in 2008 for carrying a loaded handgun he said he had found in the bushes. Moret pleaded no contest to illegal gun possession, and in an interview with a court probation officer indicated he had obtained a medical marijuana card to treat migraine headaches he had suffered since childhood.

At Moret's December 2008 sentencing hearing, Superior Court Judge Peter Foor said he didn't believe Moret's statements about how he obtained the gun or about medical marijuana. "Smoking dope isn't going to help any of this," the judge said, ordering Moret to surrender his medical marijuana ID card and abstain from marijuana if he wanted to be granted probation. Moret agreed to those terms, but appealed, saying the probation condition violated the medical marijuana law.

In rejecting Moret's appeal, the majority held since a defendant can choose to reject probation conditions and accept a prison sentence, California medical marijuana laws did not limit a judge's ability to forbid drug use as a condition of probation. Justice Paul Haerle wrot that Moret accepted probation voluntarily and offered no evidence to support his need for medical marijuana.

But in a lengthy and harsh dissent, Justice J. Anthony Kline said that a judge's demand that Moret forego medical marijuana or face prison for a non-drug-related offense violated the law's ban on criminal punishments for medical marijuana users. A judge "may disagree with the aims and directives of [the medical marijuana law], but... cannot defy them," Kline said.

A medical marijuana ID card is all the proof a patient needs under state law, said Kline. The sentencing judge could have held a hearing if he questioned the medical marijuana card's legitimacy. Merely because the defendant agreed under coercion to the restriction does not make the restriction legal, Kline added.

Moret and his attorney are considering whether to appeal to the state Supreme Court.

Will Foster is Free! He Walked Out of Prison in Oklahoma Today

Medical marijuana patient Will Foster is a free man. According to a phone call I just received from his partner, Susan Mueller, Foster was released on parole and walked out of prison in Oklahoma today. As you who have followed the Will Foster saga know, he became a poster boy for drug war injustice when he was sentenced to a mind-blowing 93 years in prison in Oklahoma back in the 1990s for growing a closet-full of medical marijuana. Thanks in part to the efforts of Stopthedrugwar.org (then known as DRCNet), Foster eventually got his sentence cut to a mere 20 years--for growing plants!--and was eventually paroled to the care of Guru of Ganja Ed Rosenthal in California, who had taken up his case. Last year, Foster was raided and charged with an illegal marijuana grow in California, although his grow was perfectly legal under the state's medical marijuana law. He spent a year in jail in Sonoma County before prosecutors dropped all charges, but by then, Oklahoma parole authorities demanded he return to the state to finish his sentence. Foster dropped his fight against extradition and returned in September. A good sign occurred a few weeks ago, when the parole board decided he had not violated his parole and should be released. This week, Oklahoma Gov. Brad Henry must have agreed--he had the final say in the matter. Right now, Foster is making his way to parole offices in Oklahoma City to sign the paperwork. He should be back with his loved ones in California in a matter of days. Thanks to everyone who agitated for his release. Every once in awhile, we win one.
Location: 
Oklahoma City, OK
United States

Will Foster is Almost Free. You Can Help Open That Prison Door By Acting Now

The Drug War Chronicle has written several times about the trials and tribulations of medical marijuana patient Will Foster, who is currently sitting in once again in an Oklahoma prison, jerked back from the new life he had made in California by a vindictive and corner-cutting Oklahoma parole bureaucracy. But while Foster certainly appears to have been the victim of vengeful parole department employees, who charged him with ficticious parole violations--causing him to be locked up in a California jail for 16 months before being extradited back to Oklahoma--the parole board itself has done the right thing. In a hearing last week, the board rejected the charges against Foster and recommended he be released. But there's one more step. Under Oklahoma law, the governor signs off on all parole board decisions. This is where you can help. There is still time to write or call the governor to encourage him to follow the parole system's recommendation and FREE WILL FOSTER. Please ask that Will be given time served and set free to return to his family in California. Please call Gov. Brad Henry's office at 405-521-2342 Or fax a letter to 405-521-3353. Make sure you identify Will as Will Foster, #25271. The argument is simple: Will Foster is a non-violent offender who has served enough time and plans to leave the state to settle in California. Keeping him in prison or on parole in Oklahoma serves neither justice nor public safety and is not worth Oklahoma taxpayers' money. Read the link above to get informed before you call or write if you need to. Be polite and to the point. Will Foster, who never did anything to anybody, has been in the clutches of Oklahoma justice for 15 years for growing some plants to ease his pains. He's almost free. You can help open that prison door. Do it.

Will Foster is Back in Prison in Oklahoma and Needs Your Help

Will Foster’s nightmarish saga continues. Foster, you may recall, is the medical marijuana patient who was sentenced to 93 years in prison for growing a few plants in 1997. Thanks in no small part to a publicity campaign by Stopthedrugwar.org, Foster’s sentence was eventually reduced to 20 years, and he was paroled to California. After three years on parole, California officials decided Foster no longer needed supervision, but Oklahoma officials disagreed. When Foster was arrested in California for driving on an Oklahoma drivers’ license, Oklahoma issued a parole violation extradition warrant, but Foster filed a successful writ of habeas corpus to quash that warrant. Then, last year, Foster was arrested on bogus marijuana cultivation charges--those California charges were dropped after he spent a year in jail--and Oklahoma again sought his extradition as a parole violator. Oklahoma officials took Foster from the Sonoma County Jail in California, and he is now residing in prison in Oklahoma until 2011--or 2015, as Oklahoma parole officials are now claiming. In Oklahoma, the governor ultimately decides on whether to revoke parole or not. Foster had an administrative hearing Tuesday, which unsurprisingly found he had indeed violated his parole (by refusing to sign paperwork agreeing that his sentence had been extended). An executive hearing will take place sometime in the next one to three months, then that decision goes to the governor for approval or rejection. Foster and his supporters are urging the public to write to the parole board to ask it to recommend pardoning him or commuting his sentence, and to write or call the governor asking for the same thing. Key points: * Foster is a non-violent medical marijuana patient seriously ill with rheumatoid arthritis; * Foster plans to return to California and never set foot in Oklahoma again; * The after-the-fact extension of his sentence from 2011 to 2015 is unfair and unwarranted; * It does not make fiscal or budgetary sense for the state of Oklahoma to spend thousands of scarce public dollars to incarcerate Foster again for this non-violent offense. I just spoke to the parole office in Oklahoma, and they don’t yet have the information in their system required to send letters to parole board members, so instead, fax your concise, respectful letters to the Oklahoma Pardon and Parole Board at (405) 602-6437. Mention Foster’s full name, William Joseph Foster, and his prisoner number, ODOC #252271. Fax your letter to Oklahoma Gov. Brad Henry at (405) 521-3353 or, better yet, call his office at (405) 521-2342. In either case, mention Foster’s full name and prisoner number, and be polite. Drug War Chronicle will continue following Foster’s saga. Look for a feature article on the latest twists and turns on Friday.

Medical Marijuana: Will Foster Extradited to Oklahoma

Medical marijuana patient Will Foster is behind bars in Oklahoma after being picked up last Friday by Oklahoma law enforcement officials. He had been held at the Sonoma County Jail in Santa Rosa, California, for the past 15 months as he fought bogus marijuana cultivation charges there -- he was a registered patient with a legal grow -- and, after the California charges were dropped, on a parole violation warrant from the Sooner State.

https://stopthedrugwar.org/files/willfoster.jpg
Will Foster (medicalmarijuanaofamerica.com)
Foster had been arrested and convicted of growing marijuana in Oklahoma and sentenced to 93 years in prison in the 1990s. After that draconian sentence focused national attention on his case, he was eventually resentenced to 20 years in prison. He later won parole and moved to California, where he served three years on parole and was discharged from parole by California authorities.

That wasn't good enough for vindictive Oklahoma authorities, who wanted to squeeze more years out of Foster. He refused to sign Oklahoma paperwork requiring him to return there to serve out the remainder of his sentence. He also refused to sign paperwork that extended his original service. Oklahoma authorities issued a parole violation warrant, and the governors of both states signed it.

Foster had sought to block extradition by filing a writ of habeas corpus -- he had won a similar writ against Oklahoma earlier -- but that effort failed last Friday, and Oklahoma authorities were there to whisk him away. Foster is scheduled to be held at the Tulsa County Jail before being assigned to a prison in the Oklahoma gulag.

Efforts by Foster supporters to secure his release continue and are now focusing on Oklahoma parole authorities and the state governor. For more information about the Foster case, see our Chronicle story here and Ed Rosenthal's blog here.

Drug War Chronicle will continue to follow the Foster case. Look for a feature article next week.

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, 2017 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Pill Testing, Safer Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psilocybin / Magic Mushrooms, Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School