Posts Tagged With: Associated Press

Julie On Justice: A Season Of Compassion

Posted on December 7, 2012 by mejustice
December 2012
Dear MeJustice:
Happy Season of Compassion! Okay, well maybe there’s no official season by that name, but I always think of this time of year — from Thanksgiving through Hanukah and Christmas — as the season when people are at their most giving and compassionate. It’s during this season that we give thanks for the blessings in our life and try to remember, if not serve, those who might be struggling.
Last week, FAMM joined with Human Rights Watch (HRW) to release a new report on a law that was designed to show compassion to those in prison who really need it. That law, passed nearly 30 years ago, gave federal courts authority to grant people early release from prison — commonly referred to as “compassionate release” — for “extraordinary and compelling” reasons such as imminent death or serious incapacitation. The law makes good sense.The law comes with one serious catch, however. A judge cannot grant a prisoner compassionate release unless the federal Bureau of Prisons (BOP) files a motion asking the judge to do so. The FAMM-HRW report, titled “The Answer is No: Too Little Compassionate Release in U.S. Federal Prisons,” revealed that the BOP makes such motions very rarely. Since 1992, the BOP has filed only two dozen motions per year, despite the fact that the federal prison population now exceeds 218,000 and is getting older.The BOP’s disregard for the law and lack of compassion has resulted in families being kept from their incarcerated loved ones when they died, and in taxpayers footing the bill for extraordinary, end-of-life health care expenses that could have been shouldered by the offenders or their families. This is the kind of nonsense that happens when jailers think it’s their job to be judges.Our new report does not simply point out the problem; it also proposes solutions. I hope Congress and the administration will heed our call for reform, a call we plan to echo in the coming weeks and months. Given how much press coverage our report has generated — from the Associated Press to National Public Radio and many others — everyone should be aware of the problem now. Mary Price, our VP and general counsel, deserves enormous credit for her hard work on this report, as does her co-author, Jamie Fellner of HRW.The Bureau of Prisons is not the only part of government failing to demonstrate mercy and compassion. President Obama, who said during the 2008 campaign that he knew how excessive drug mandatory minimum sentences are, has granted fewer pardons and commutations than any modern president. What’s stopping him?The President could start by granting clemency to every federal prisoner serving a life prison sentence for drugs only! (Considering that a recent poll showed that just 7 percent of the American public thinks the drug war is working, Obama would be safe demonstrating that kind of mercy.) Or he could grant clemency to the prisoners serving crack cocaine sentences who didn’t benefit from the crack reforms passed two years ago because the reforms were not made retroactive. Talk about righting a wrong!

The President should also attend the forum we’re cohosting with the Heritage Foundation and the Constitution Project on December 10th to discuss ways to fix the broken clemency process. He would learn a lot!

Showing mercy through the robust use of compassionate release and presidential commutations could free thousands of people from prison who are not a threat to the public safety. If the President and the Bureau of Prisons need help finding deserving prisoners, we’re happy to assist them — we know lots of them.

In fact, it’s painful to think of the thousands of people in prison we know who will celebrate another holiday without their families. But I hope you will think about them. I hope you’ll make a phone call, or send a card or an email to a prisoner or a family affected by incarceration to remind them that they are not forgotten. It’s a simple act of caring that can spread great joy.

The Dalai Lama wisely observed, “If you want others to be happy, practice compassion. If you want to be happy, practice compassion.” Those are words to live by.

I hope you stay healthy and happy during this Season of Compassion!

My best,

Julie

Julie Stewart
FAMM President
Categories: Guest Letter | Tags: , , , , , , , | Leave a comment

A 57 Year Old Montana Homeless Man Sentenced To Prison For 5 Years Over $9.30

Posted on June 19, 2012 by mejustice

Robert Frickel

It’s Christmas Eve, a hungry and cold man that has fallen on hard times, unemployed, no where to go, homeless.  Did anyone help him?  No.   Instead he went and forced open the front door of a dry cleaners at 8:30 a.m. Two employees heard the locked door open, then found Mr. Frickel taking coins from the cash register. One of the employees held Mr.Frickel while the other called police. Mr. Frickel had taken about $9.30. He told officers he was hungry and wanted to get a hotel room for the night.

Robert Oren Frickel was sentenced Tuesday June 5th, 2012 by District Judge Gregory Todd for felony burglary. Frickel previously admitted to the charge for the Dec. 24 incident at Wetzels Quality Cleaners on North 30th Street.

The Department of Corrections will determine how Mr. Frickel will serve his sentence. He was still listed on the Yellowstone County jail roster Wednesday morning June 6th, 2012.

All Related Articles: 

 Photo Credit Image Movers Digital LLC.  ”A Christmas Carol” by Disney featuring Jim Carrey

  • Well Montana, I think we out did Ebenezer Scrooge in the classic “A Christmas Carol.”  District Judge Gregory Todd did somewhat better instead of placing him in a center where he could pay back that debt of $9.30 he is sentencing him to prison where he can have a roof over his head with 3 square meals a day, yes, with losing his freedom.  It will just cost us the taxpayer roughly around $35,000 per year for 5 years.  We are being sentenced along with him but at a higher cost.  I guess Ebenezer Scrooge found a way around this one….get him off the streets, make $175,000.00 off of $9.30, win/win situation for Ebenezer Scrooge.   This is what Montana officials have been doing and we have been going along with it, all the while being suckered.  Montana did you realize this is what you are paying for with Prisons For Profit?  They are taking situations and creating them in a way where they can make money all the while giving you a song and a dance telling you that they are keeping you safe.  That is money that should be going to your family, not a corrupted system.  Read this website, see the documentation that is from the state of Montana.   Not saying that this man was not in the wrong, he was.  Not saying that he should not be held accountable, he should. But don’t you think the system could have come up with something different? Restorative justice costs far less, we need  justice reform. How many more are there of these sitting behind bars stealing your money through the system, where those higher up officials get to live high on the hog?  Stop and think for a minute.  How many cases have you heard on the news or read in the newspapers where a defendant actually “won” a case?  How many instead hear or read they said “plead guilty” through a plea bargain?  How many instead have you heard have been found “guilty.”   Or, because the defendant is someone with money, status in the community or state “no charges” are brought against them?  If charges are brought against them they “work something out.”      Montana what are you going to do come election time?  Research your candidates, see where they have stood…..see how bad Montana is looking to the rest of the country.  It’s all you hear about.  We cannot hide our heads in the sand any longer.  I want to be a proud Montanan…..how about you?
Categories: Common Sense, Montana DOJ | Tags: , , , , , , , , , | 8 Comments

AP Says 79 Inmates Died In Custody Between 2010-2011″.

Posted on June 12, 2012 by mejustice

Feb-14-2012 19:44

Nearly 80 Oregon Prison Inmates Died Between 2010-2011- Most ‘Unreported’ Says AP

Tim King Salem-News.com

AP reports: “Most Oregon prison deaths unreported to public; 79 inmates died in custody on 2010-2011″.

Oregon prisons
.

(SALEM) – A new story about Oregon prison deaths by The Associated Press, Most Oregon prison deaths unreported to public; 79 inmates died in custody on 2010-2011 confirms many things we have reported, albeit very much without support from other Oregon media, until now.

The AP article published out of the Midwest, in Columbus, Indiana, was sourced from Salem’s daily newspaper, the Statesman Journal, which until now, has been anything but belicose when it comes to fighting for inmate justice, or representing minorities.

We’ve been screaming about extremely serious issues in the prison system for years, alone and ignored by Salem’s ‘local daily’ because we are not in lock step with the government, the way the Statesman Journal has been. It was so bad at one point that a large protest of this newspaper’s reporting practices was held. (Demonstrators Protest Local Newspaper Over Racism)

Today I feel differently about this organization, in fact I applaud them. Today, the team at this paper served the public at large.

In fact the SJ also reported that the state has no plan to change its policies, and that these prisoners will die in silence in Oregon’s publicly funded institutions. This is unheard of in the past, prisons were never traditionally allowed to legally conceal this information. The state of Oregon only intends to notify the public of, “certain high-profile or notorious inmates”.

According to the Columbus, Indiana, Republic:

The prison system has 14,000 inmates in 14 prisons throughout the state.

The Oregon State Penitentiary in Salem had the largest number of inmate deaths during 2010-11, with 31, followed by 23 at the Snake River Correctional Institution near Ontario, 11 at the Two Rivers Correctional Institution in Umatilla, five at the Eastern Oregon Correctional Institution in Pendleton, four at the Oregon State Correctional Institution in Salem and two at Coffee Creek.

Three prisons each had a single death during the same time period: Columbia River Correctional Institution in Portland, South Fork Forest Camp in the Coast Range and Deer Ridge Correctional Institution near Madras.

Oregon officials figured out a long time ago that prison is a lucrative business and that between bribery, extortion, prostitution and drug and cigarette dealing, hell cattle rustling, (true story) tons of money could be made and laundered to appear as legitimate.Oregon’s archaic, embarrassing laws that lock people up for smoking pot and consider sex between an 18-year old and a 17-year old ’3rd Degree Rape’, have naturally led to an explosive prison population, many times larger than what it ever was in the past, when moral fiber was still interwoven into the life patterns of officials.

Then of course, you need a state literally packed with officials willing to ignore things like the Murder of Prison Director Michael Francke, a crime falsely hung on a patsy who never could or would have committed. The episode in Oregon’s legal legacy is so far fetched, that it was featured in an episode of ‘America’s Most Wanted’ after it was adjudicated.

Today, a degree of hope found its way into the public consciousness, let’s hope the SJ is on an upswing, and will continue to show more responsibility.

The Complete Source: http://salem-news.com/articles/february142012/prison-deaths.php

  • Now you see why a prison would want to go to a lock down status?  They don’t want visitors and people prying into the prisons business.  This way when things like this happen unless they have family that really stick with them a lot of people would never know.  It’s just business as usual.  Herd them out and herd new ones in, just like cattle.
Categories: Common Sense | Tags: , , , , , , | Leave a comment

Warden Kirkegard, MSP And The Montana Parole Board

Posted on June 11, 2012 by mejustice

MONTANA STATE PRISON

Warden K:

I do not believe in
warehousing.
However, there is a
reason the prison is
here. Some people
need to be locked up. 

Montana State Prison

It’s all about the warehousing!!   Actions always speaks louder than words!  Some people need locked up, that we totally agree with, but not all of the people that they are locking up.   This is about business…The state has already made that statement. You can’t back pedal now.

Board of Pardons and Parole

Who are the members of the Board of Pardons and Parole?

The board is composed of seven citizens appointed by the governor and confirmed by the Senate. The current members are Margaret Bowman, Darryl Dupuis, Sam Lemaich, Mike McKee (chairman), Teresa O’Connor, John Rex and John Ward.

What are member qualifications?

Board members must possess academic training that has qualified them for professional practice in a field such as criminology, education, psychiatry, psychology, law, social work, sociology or guidance and counseling. Related work experience in the areas listed may be substituted for these educational requirements.One member must be an enrolled member of an American Indian tribe. Board members apply for the position.

How often does the board meet?

Hearing panels composed of two or three members conduct hearings.Once a month, a hearing panel conducts hearings at various locations.

Where does the board meet?

Hearing panels conduct hearings at Montana State Prison, Montana Women’s Prison, regional and private prisons, prerelease centers, the revocation and sanction center in Anaconda, Montana State Hospital, Montana Developmental Center, and Montana Mental Health Nursing Care Center.

What is the board’s relationship to the Department of Corrections?

The board is attached to the Department of Corrections for administrative purposes only. The board exercises its quasi-judicial, policymaking functions independently of the department and without approval or control of the department. The board hires its own personnel. The board reviews offenders based on community safety without being unduly influenced by the pressures of corrections system management.

What is parole?

Parole is the privilege of release of an inmate into the community prior to the completion of the inmate’ssentence, subject to the orders of the board and the supervision of the Department of Corrections.

What is a pardon?

A pardon is a declaration of record that an individual is to be relieved of all legal consequences of a prior conviction.

How much of a sentence must an offender serve before being eligible for parole?

Because of statutory changes over time, parole eligibility varies according to when an offender committed the crime. For crimes committed after Jan. 30, 1997, an offender becomes eligible after serving a fourth of the full term of a time sentence and 30 years of a life sentence. That is the case with most inmates in prison today.

Does being eligible for parole mean an offender is entitled to be paroled?

An offender may have met the statutory requirements for parole eligibility, but no offender has a right to parole. A parole may only be granted in the best interest of society and when the board feels that a person is willing and able to be a law-abiding citizen.

Does every inmate become eligible for parole

Yes, unless a judge specifically orders that an inmate is not eligible for parole.

What is the greatest misconception about the board and its work?

The most common misconception is that the board doesn’t release anyone. On average, the board grants parole to half of the offenders who have parole hearings or who are administratively reviewed

How does the board prepare for parole hearings?

The board receives and reviews reports from the facility where an offender is housed, board staff reports, psychological evaluations, sex offender reports, and written statements in support or opposition to parole.

What factors do the board take into consideration when deciding whether to parole an inmate?

The primary objective of the board is to carefully review each offender and grant parole when it finds there is a reasonable probability the offender can be released without detriment to himself or herself and the community. When making decisions, the board considers institutional adjustment, completion of recommended treatment and programming, criminal history, circumstances of the offense, input from victims, law enforcement,and the public, and any information relevant to the case,the offender or public safety.

What efforts are needed on the part of an inmate to be paroled?

Clear conduct in prison is expected of all inmates considered for parole. The board also expects an effort to be made to complete recommended treatment and programming. An offender also must have verifiable residence and employment.

What happens if the board decides to parole an inmate?

If the board grants an offender’s request for parole, the process begins with an institutional probation and parole officer or case manager. He or she ensures applications for a community placement and/or parole plan are adequate to enable the offender to re-integrate successfully into society. Once the board staff receives the proposed parole plan, it is sent to the respective probation and parole office to be investigated. The investigation of an inmate’s proposed residence, employment and treatment can take up to 30 days. If the plan is approved, the board staff sets the date for the offender to parole from the facility.

What happens if the board decides not to parole an inmate?

If an offender is denied parole, board may set a date for the offender to re-appear or for an administrative review, or pass the offender to discharge

What are some of the most common reasons for an inmate to be denied parole?

The board typically bases its denials on such factors as the nature or severity of an offense, multiple offenses, criminal history, poor history under community supervision, a pattern of similar offenses, repeat sex offenses, previous escape from custody, and strong objection from criminal justice authorities or the public. The board looks at the offender’s entire record when considering early release on parole.

Does the board want to keep inmates in prison longer than they need to be there?

No. The board’s goals are to protect society by not releasing an inmate shown to be a danger to society and to allow parole when the board concludes an offender can be released without detriment to himself or herself or the community. The board is a part-time, appointed citizen board and members have no personal interest in keeping offenders in prison longer than members determine is necessary to meet its goals and obligations. Discretion in releasing inmates is essential and best placed in an independent, informed, just and careful parole board. All parole decisions are tailored to each offender with the primary objective of ensuring community safety.

Can the board be sued for its decisions?

No. The board has quasi-judicial status that enables it to perform duties similar to a judge. Decisions can be challenged in court if the decision was based on erroneous or inaccurate information or for alleged violations of due process.

Can an inmate review the contents of his or her parole file?

The Montana Constitution and Montana law allow an inmate to review his or her parole file. However, the board may withhold any document in the file that is subject to a personal privacy or safety interest that clearly exceeds the merits of public disclosure. The law permits the board to charge a fee to review and copy records as well as limit the time and place an offender can review a file. Inmate file review requests are scheduled based on parole eligibility date, next scheduled hearing date and staff availability at each facility.

For more information about the Board of Pardons and Parole, contact the board staff at 846-1404.
Every article of their’s is fluff.  Meaning it looks good but it is not what they have been operating by.  Many in the organizations attended the same Law and Justice Committee Meetings.  We heard the speakers and we heard what the Law and Justice had to say to DOC.  DOC has just prepared one of those artificial candles that looks like a cake, smells like a cake, but if you bite into it…..it is NOT a cake!   They have to answer to the Law and Justice for all of the complaints and all of the civil suits and all of the issues that surround Montana Department of Corrections like dark storm clouds.  (Re-entry programs said that they have not seen many inmates being sent to them.)

They have allowed County Attorneys and Montana Department of Justice to have the authority to call into the Parole Board and tell them that they want individuals to stay in longer.  Deny them parole.   Of course this is a great deal for them.  Just as DOJ, such as Matt Johnson attorney for Jefferson county called state examiners to change their PSI report recommendations.  Do you think these prosecutors want any of them out?  Especially those attorney’s that used misconduct to prosecute someone. On behalf of the Parole Board if DOJ is calling them and telling them something how are they suppose to know if it is true or not?  Anyone would usually think that the county attorneys were telling the complete truth. 

Montana Department of Corrections is acting like a “riot” could happen.  You see it all through out their reports.  If that is the case it is because they know that they are pushing for one to happen.  How sick is that?  Pushing for a riot to show that they need to be a lockdown prison.  Pushing for a riot so they can get their money.  Pushing for a riot so they can suspend all visitors, so no one can see all the little dirty misdeeds that are going on.  Officers having sex with inmates, stealing money out of the Inmates Welfare Fund, abusing the inmates,  not allowing them to be paroled.  Yes, it looks like they have let many out, let us see the state records showing those statistics.  According to previous records before from the department these numbers do not coincide.   Threats and blackmail are happening all the time in MDOC.  This is not just with the SOP classes but also with the Chemical Dependency Classes.  They are forcing inmates to sign documents that they have to take these classes although their crime or their sentence from the judge has nothing to do with that.  Wouldn’t that make you angry?   That would make any normal person angry.  If it did not make you angry that would make you abnormal which is what these Montana departments expect them to be.  It does not make sense…..except it is a trap. A trap to make money, lot’s of money.  Taxpayers hard earned money.  The most corrupt system that we have seen. 

Categories: Common Sense, MDOC/Abuse, Montana BOPP | Tags: , , , , , , , , , , , , , , | 2 Comments

Montana Incarceration “It’s Business. It’s Dollars And Cents, And It’s Jobs.” Direct Quote To Law And Justice Committee

Posted on May 13, 2012 by mejustice

New Gallatin County jail forces Broadwater County to struggle

Mount Baldy, Big Belt Mountains, Broadwater Co...

Mount Baldy, Big Belt Mountains, Broadwater County, Montana, April 2010 (Photo credit: Wikipedia)

By Phil Drake On September 21, 2011

By PHIL DRAKE
HELENA – A new $12 million jail that was to make money housing inmates from other counties may have to shut its doors due to its biggest customer upgrading its correctional facilities, a state panel was told.
Harold Blattie, executive director of Montana Association of Counties, recently told members of theLegislature’s Law and Justice Interim Committee that Broadwater County’s jail, built in Townsend in 2005, may have to close due to a decrease in operating income.
But a Broadwater County commissioner said officials are working hard to make sure that doesn’t happen and reaching outside the county limits to let other law enforcement agencies know there is space available at the 46-bed facility.
Officials built the new, bigger correctional facility with plans to pay for financing through inmate boarding from other counties, Blattie said. That plan worked until last year when Gallatin County built a new facility.
The average inmate population has dropped to four for the last 10 months.
“That reduction of income to Broadwater County is today, right now, is causing a hole in the budget of a half million dollars,” Blattie said, adding that to fund the jail at its previous level would consume virtually all of the county’s taxing authority.
“A county cannot spend a quarter of a million dollars a year to house four inmates,” Blattie said. “Quite frankly, that county is having to very seriously look at probably closing their jail.”
He described the facility as one of the “newest, most modern well-designed jails” in the state.
“But they simply do not have the non-levy revenue to support the operation and maintenance costs.”
Blattie appeared before the panel Sept. 9 to discuss jail suicides and suicide prevention programs. He referenced his remarks about Broadwater County in discussing financial challenges facing jails.
The $37 million Gallatin County Detention Center opened in Bozeman in April. The 90,000-square-foot facility has 160 beds and opened nearly two years after voters approved a $32 million bond, The Belgrade News reported. Officers transferred 76 inmates from the old jail and the Broadwater County Jail.
Laura Obert, chair of the Broadwater County Commissioners, said they contacted Blattie soon after learning about the reductions.
She said commissioners were able to cover a $200,000 shortfall earlier this year, but were told by Blattie that the figure could increase to $300,000-$500,000 a year if “you guys don’t do something to change this.”
“We need to put out the word we have space available,” she said adding the jail employs six certified detention officers who work around the clock.
Obert said the commissioners met with the sheriff and undersheriff to draft a plan to make the jail viable again.
“We have one of lowest night fees in the region,” she said. “It’s $63. We have to advertise that, it’s a blue light special.”
Suggestions include assisting with transporting inmates from other counties who do not want to drive another 30-60 miles.
On Sept. 7, Lewis and Clark County and Helena city officials formed a committee to look at a new jail facility for the sheriff and Helena Police Department, saying they have outgrown their current facility. According to its website, the Lewis & Clark County Detention Center was built in 1985 to house 58 inmates but has an average daily population of 63.
Obert said they have spoken with Lewis and Clark County commissioners and Sheriff Leo Dutton.
“We would like to work with them,” she said. “There’s no reason we could not put together a contract that would be attractive to them and to us.”
Dutton said 12 inmates were taken from his jail to Broadwater County on Wednesday.
“We are working with them to attempt to solve our overcrowding,” he said. Dutton did not know if it would be a long-term or stop gap solution. ”We are really exploring what need to do.”
At the Sept. 9 Law and Justice Interim Committee meeting, members were told Billings, Great Falls and Missoula are the only jails in the state with more than 200 beds. The vast majority of Montana’s jails have less than 50 inmates a day.
Sen. Jim Shockley, R-Victor, who chairs the committee, said he believed the number of county jails was shrinking and suggested counties join together to make regional jails.
He was told regional jails may work elsewhere, but in Montana there were problems of distance.
Obert said closing the Broadwater County Jail was “the last resort” and added that even if the facility were closed there would still be costs.
“We just have to have enough to not have a half-million-dollar shortfall every year,” she said. “It’s business. It’s dollars and cents, and it’s jobs.”

Complete Source: http://montana.watchdog.org/2011/09/21/6212/

Friends this was in September of 2011.  No wonder in February of 2012 they were asking for an increased budget, now stating that the sex offender registry alone was going to be projected at 700+ a year. (Here the proposed prison budget stated 150 inmates per fiscal year, but they halted that remember?  They have increased their numbers behind closed doors.)  Now when someone calls the DPHHS on possibilities of suspected abuse it will automatically be turned into the police department.  You can be charged and convicted on hearsay without any proof that the alleged crime happened. (Watch out for upset divorced spouses or upset friends or family, and that neighbor that doesn’t like your dog or loud truck.)   There are those in prison on theft, DUI‘s, etc. that are being labeled as a sex offender.  They have given the complete power to the Montana Parole Board to override any judges sentence or court order and add on to the sentences.  They can work with the SOP therapists and now override any court stipulations and make inmates take SOP 2 classes even though the judge said “no”, even if their crime has nothing to do with a sex offense.  SOP 2 you have to admit in detail to the crime or you never get out of prison.  You have read it and you are hearing it from the horse’s mouth.  This is a business.  It’s about dollars and cents, and it’s jobs.  This is not about your safety, your tax dollars or your freedom.  You are just a piece of meat for them to make money off of.  Just like the cattle rustlers back in the day.  Montana, know your candidates, know what they believe in.  Aren’t you tired of the corruption?  Those in higher power or in the good ole boys getting away with crimes while us lowly Montanan’s get stuck in prison for money?  Just so they can continue to live their life off of our money?  Stand up! Speak Up!  It is time for your voice to be heard!!  Your children are in more danger of being locked up for profit than from an actual real crime.  That is what has made this so barbaric.  Something that was intended for our safety, there are those that have found yet another way to find a loophole to make money.  They are banking on us remaining stupid and laughing all the way to the bank! 

Categories: MDOC/Abuse, Montana Politics | Tags: , , , , , , , , , | 3 Comments

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