PEF members speak out on risky parole policies

By SHERRY HALBROOK

Passions ran high and wide March 18 at

a state Senate hearing in Albany focused on the “graduated sanctions” policy at the state Division of Parole (DOP) that has left a number of parole violators on the streets, and a trail of mayhem in their wake. The graduated sanctions policy sees a

parolee’s compliance with the terms of his or her parole in shades of gray, rather than black and white. Instead of immediately returning the parolee to prison for failing certain conditions of the parole, such as curfews, drug tests, or associating with other felons, DOP may tighten the restrictions or send the parolee for another round of drug-abuse treatment. Members of the Senate Committee on

Crime Victims, Crime and Correction came to the hearing armed with news reports of very violent events. The incidents involved at least seven parolees who had previously violated the terms of their paroles and broken laws, but were not sent back to prison. Among the parolees mentioned was

Howard Tucker, 37, who was shot and killed February 16 by Albany police after he tried to run an officer over. Tucker reportedly had failed at least seven drug tests during his parole. Reports also featured James Tyson Jr,

33, who was killed in a 2009 shootout with police in Syracuse. Reportedly, he, too, had been allowed to remain on parole after failing drug tests. Seventy-one percent of parolees have a

history of drug abuse and 37 percent were convicted of drug-related crimes.

Saving lives?

State Parole Board Chair Andrea Evans

and her top staff members at the DOP defended the graduated sanctions program as providing needed flexibility in helping parolees adjust to life outside prison walls. Evans introduced a parolee who failed

several drug tests before succeeding in remaining drug free for a year, and who now appears to be law-abiding and productive.

Or saving money?

PEF members from DOP testified they

believe the desire to save money and favorably skew recidivism and crime statistics are the reason state policies keep law-breaking, absconding and parole- violating felons on the streets. “This was all ordered by Denise

O’Donnell” when she was state commissioner of Criminal Justice Services and NYS deputy secretary for public safety, said PEF Division 236 Council Leader Manuelita (Manny) Clemente, a parole officer. Clemente said it’s unfair to hold Evans

responsible for policies that were in place before she became chair of the Parole Board.

Undermining respect

Clemente and fellow officers Michael

Murphy, Ismael Cruz Jr and Wayne Spence, PEF Executive Board members, told the committee the graduated sanctions policy has made it even more challenging for parole officers to fulfill their dual obligations to: Help parolees successfully transition from their highly structured lives in prison to lives as responsible citizens in the community; And to protect the public safety at all times. “Parole rarely (charges) anyone anymore

for technical violations. And it’s not going after parolees who abscond,” Clemente said. The officers said policies portrayed by

DOP as flexible are seen by parolees as lax and toothless, and foster a dangerous contempt for parole and its officers. Shortages of drug-testing kits last year

and a top-down reluctance at DOP to prosecute parolees who fail the tests, are

just two examples of how parole officers’ hands are often tied, Clemente said. Prior to 2008, senior parole officers

could independently issue arrest warrants for parolees who committed technical violations, she said. That authority now rests with area supervisors. Nevertheless, when something goes

wrong, “it’s the parole officer who gets scrutinized and punished,” Clemente said.

Dangerous combination

PEF’s parole leaders said officers’

caseloads have become unmanageably high and DOP disguises the true numbers by counting parolees as fractions of a case after they have been out of prison for a while. “When you are supervising 100

parolees, you can’t even remember all their names or recognize all their faces,” Cruz said. To be successful, graduated sanctions

depends on parole officers giving more intensive supervision to parolees who push the limits of their paroles, Murphy said. “Leaving violators on the street requires

closer scrutiny, more staff and lower caseloads,” Murphy said. “This should be about holding this

(parole) population accountable,” Cruz said. “The parolees are now being supervised on their terms, not ours.”

Lawmakers frustrated too

Committee Chair Sen. Ruth Hassle-

Thompson said, “We want caseload caps in parole and we are going to get them.” “We have to find a balance (between

flexibility and rigidity) where the system works,” Sen. Martin Golden said. Jeffrion Aubry, chair of the Assembly

Committee on Correction and a guest at the hearing, told the PEF members, “The state owes your union and your members a debt of gratitude for all you do for the people of New York.”

RESPONDING—Sen.RuthHassell- Thompson with Committee Council Gerard Savage tells parole officers she agrees caseloads need a cap.

MAKINGA POINT—PEF Division 236 Council Leader Manuelita Clemente tellsmembers at a state Senate hearing inAlbany the graduated sanctions policy hinders parole officers ability to do their jobs effectively.Clemente was joined by parole officers Michael Murphy, Ismael Cruz Jr and Wayne Spence.

—Photos by Sherry Halbrook

Page 6—The Communicator May 2010 PEF Information Line: 1-800-553-2445 Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28