AFRICAN-AMERlCAN MEN PAROLED
1992 1993 1994 1995 1996
JANUARY 20 18 18 24 16 FEBRUARY 18 29 11 18 25 MARCH 18 8 16 13 10 APRIL 23 13 25 12 11 MAY 17 14 17 18 22 JUNE 12 21 10 8 12 JULY 18 12 22 14 12 AUGUST 26 10 13 16 14 SEPTEMBER 22 14 13 14 12 OCTOBER 20 17 11 12 17 NOVEMBER 22 16 12 19 11 DECEMBER 18 15 17 16 23
_______________________________________________________________________ TOTAL 234 187 185 184 185
Note the chart above and you will see that the year before the Sentencing Commission report was due, 1992, our sample institution had 234 Black males released. Keep in mind Appendix Item Three's outlining of the drop in parole rates. It can be safely assumed that this 234 releases was substantially below the number released in 1990 and lower than the number released in 1991. Now note the figures for 1993 through 1996. With only slight deviations which can be attributed to poor record keeping the number of Black men released stays at 185 persons in the presence of ever increasing prison populations. This can not be attributed to chance. It can only be viewed for what it is, a planned release quota to extend the length of time men under Indefinite Sentences is available. Doc. edited EVIDENTIARY EXAMINATION OF THE PAROLE BOARD'S ACTIONS WHEN COMPARED TO PUBLISHED MISSION STATEMENT AND GUIDELINES, FIRST OFFENDER RETENTION. CAREER CRIMINAL RELEASES AND THE RECIDIVISM RATE IN THE STATE OF OHIO
If you write the Ohio Department of Rehabilitation and Correction asking for information, you will receive some pamphlets. In the front of the largest is the Mission Statement and Vision Statement for the ODRC. Their "Mission Statement" is: "The Ohio Department of Rehabilitation and Correction protects Ohio citizens by ensuring effective supervision of adult offenders in environments that are safe, humane and appropriately secure; the department seeks to instill in offenders an improved sense of responsibility and the abilitv to become productive citizens." Their "Vision Statement" is:
The Ohio Department of Rehabilitation and Correction will demonstrate excellence in every facet of our operation to inspire confidence in our ability to collLilluously improve in a system that: meets employee personal growth and professional needs; demonstrates justice and fairness to offenders; responds to the concerns of the citizens of Ohio, and other internal and external stake holders."
On page four of this pamphlet we find the heading: "Crowding and Construction" which states:
Several trends in the areas of crime and punishment will affect the future of corrections in Ohio. One is that prison populations will continue to rise, exacerbating the already serious problem of crowding. The primary reason for this increase is the imposition of longer and "Fixed" sentences andthe drug problem. If one considers that 99% of the offenders in prison will be returned to society, it is important to foster positive conditions within the prisons through efficient management and proper facilities. The state of Ohio has built several new institutions to accommodate the increasing inmate population and help to alleviate the problems caused by crowding. These new institutions are primary factors in our constant evolution toward facilities with tough, secure perimeters enclosing humane, normalized living arens with atmospheres that reduce tension and stress while enhancing the ability of the inmates to grow, through rehabilitative programs and their own efforts toward a crime-free future as productive citizens."
Then the ODRC very smugly lists the new prisons under construction: 2 in Youngstown totaling 950 beds, 1 in Mansfield with 1260 beds, 2 in Toledo with 1175 beds and 1 in Conneaut with 1,000 beds. Next comes the section on "Community Services" which states:
The purpose of community supervision programs such as parole and probation is to provide alternatives to incarceration whereby Communities supervise the offender under local jurisdictions. These programs have the potential of relieving the burdens of cost and crowding in the institutions while helping clients contribute to their own and their family's welfare.... Furloughs are another method used to better prepare the inmates for a life outside. An inmate can obtain valuable work experience by working outside the prison during the day and returning at night. Many times, the job that they have had while incarcerated is given to them upon release, thereby improving their chances of successfully living in society."
In referring back to Appendix Item One we read again Mr. Reginald A. Wilkinson's statement that:
We've been good stewards of the taxpayer's dollars. We haven't sat idly by as our prison and parole populations have went through the roof. We've testified to the legislature about the impact of each and every proposed sentencing law. We've pushed hard for communitybased punishments, and we've got them. The rate of people coming into prison is actually declining. Balancing that is the fact that violent and repeat offenders are staying in longer as they should.
This news release also stated:
Ohio's prison population has increased from 31,519 on January first, 1991, to 45,962 as of January first, 1997, a 45.9 percent increase. The Department also supervises over 27,000 individuals in the community, an increase of over 7,700 or 49.9 percent increase. Since 1991, 36,000 offenders have been sentenced to community-based punishments, saving $313.6 million in prison operating costs.
Wilkinson added that the Department is known for holding the line on spending without jeopardizing security or reducing adequate care and treatment programs. "We would all rather see this money appropriated to schools...Our safety, and yours, depends upon the tools we're given to do our job."
I would also recommend that at this point you read thoroughly the Parole Board Guideline pamphlet paying special note to the following: "..it shall be the purpose of the Adult Parole Authority's decision making at all levels of the agency to protect the public, to preserve the rights of individuals including the victims of crime, and to satisfy reasonable people that it's decisions are fair and consistent."
Also note the goals of the guideline system:
To provide for public protection by not releasing those inmates who represent a high risk of repeating violent or other serious crimes. To recognize the achievement of those inmates with special identifiable problems relating to their criminal behavior who have participated in institutional programs designed to alleviate their problems. To make the decision-making process of the Adult Parole Authority more open, equitable and understandable bothto the public and to the inmate.
In all these statements issued to the public we see a recurrent theme: "Improved sense of responsibility" -- "ability to become productive citizens" -- " demonstrates justice and fairness" -- "foster positive conditions" -- "atmospheres that reduce tension while enhancing the ability of inmates to grow, through rehabilitative programs and their efforts toward a crime-free future as positive citizens." We also have explanations for the dramatic rise in the prison population and what the ODRC is doing to combat it. Furlough programs where "an inmate can obtain valuable work experience working outside the prison during the day and returning at night." Then there is "Parole and Probation" which according to ODRC do the following: "These programs have the potential of relieving the burdens of cost and crowding in the institution while helping clients contribute to their own and their family's welfare." Mr. Wilkinson then explained why the prison population has ballooned, "The primary reason for this increase is the imposition of longer and 'Fixed' sentences." Of course the Adult Parole Authority is working hard to make sure it's decisions are: "To protect the public, to preserve the rights of individuals, satisfy reasonable people, and are fair and consistent."
In reviewing the Ohio Department of Rehabilitation and Correction and the Adult Parole Authority's operational procedures so far we have seen a deliberate decline in paroles since the inception of the new Sentencing Commission. We have also established through fact that the Parole Board uses racial quotas in releasing prisoners with Indefinite Sentences. These figures are too consistent to be disregarded as chance. Now we will enter a facet of the Parole Board's activities which can be and will be very disturbing to the citizens of Ohio. It appears that when ever our legislators and the news media don't want to deal with the real issues confronting American society they come up with some crusade which they can wear on their sleeves and wave as flags to draw attention and garner votes. For the past decade the hue and cry has been "Get Tough on Crime!" If all this effort and money had been put into uprooting the causes of immorality and its resulting crime we would be accomplishing something in our society. Without crime our present politicians would have to face the real issues but as it turns out the ODRC and the Adult Parole Authority, in their quest for a guaranteed state pension, are more than willing to help with the "crime problem" but in a way that the citizens of Ohio would never suspect!
Consult with any Criminology expert and you will be told that the best time to stop criminal behavior is before it starts by instilling a sense of responsibility, morals and work ethic in an individual. But if this is not done or because of circumstances a person gets into trouble with the law then corrective action must be taken during that first experience with the criminal justice system. Once a person becomes "institutionalized" or comfortable with prison life, it no longer is a deterrent. It becomes just another cost of doing business. Any period of incarceration beyond three years for the first offender is counter productive. Beyond that society is only inflicting vengence. The resulting institutionalization makes prison "old hat" and nothing to be feared.
With this in mind we will look at the ODRC's current policies toward prisoners in general and first offenders in particular since this group holds the most hope of being "rehabilitated." While the ODRC in it's published releases to the public laud their own rehabilitative efforts they are at the same time destroying within their own prisons any vestige of hope for improvement. Programs of a beneficial nature are being closed or offered only sporadically. Educational programs which could make the thousands of illiterate prisoners functional citizens are a sham used only to draw extra federal dollars. Sex offender programs, which should be mandatory and readily available, are almost non-existent and so limited as to have waiting lists in excess of four years. Although only 5% of sex offenders ever commit the same crime again this could be reduced substantially. Programs dealing with violence are very shallow and often consist of films on serial killers. This does not help the angry man with a "short fuse" learn to reroute his hostility. There are no realistic programs for drug dealers which could realign their motives to productive areas. While Ohio Penal Industries (OPI) does provide jobs these are profitable to the State and employ only about 8% of the prison population. There are no viable training programs. Workers are recruited from the prison population who already have long work related histories. OPI is a business pure and simple.
Under examination we find that money which should be going to schools and to rehabilitative programs is being spent on new prisons. And the only reason for these new prisons is directly due to the actions of the ODRC and the APA. What we have reviewed shows that there has been deliberate reductions in paroles since January 1, 1991, and that the Parole Board uses race as a criteria for parole. This in itself is appalling but who the Parole Board is paroling is even more frightening. Equally disturbing is who they are NOT paroling.
Prisoners have known for years what the "Board" was doing but were helpless to do anything about it. They lacked proof. Inside Ohio's prisons is a limeric which states their case, "Go to the Hole, Make a Parole!" Ironically, this is true. As was stated earlier, the first offender is the one that has the most hope of returning to a normal life, that is if he is given the chance. In studying Parole Board releases of first offenders we found that the Board deliberately refuses paroles to first offenders particularly if they have clean institutional records. Our study also shows that there is a first Offender Quota." By utilizing data from our test institution we were able to document a pattern that, like the 185 blacks per year racial quota, shows a fixed quota from at least 1993 through 1996. Earlier data was not available so this period only is covered. Recording of offense data didn't start until February of 1993, so January's figures are not available but it doesn't take much work to figure it out.
THE NUMBER OF MEN PAROLED WITH JUST ONE CONVICTION 1993 1994 1995 1996 _______________________________________________________________________ JANUARY NODATA 14 11 12 FEBRUARY 17 05 14 12 MARCH 11 07 06 13 APRIL 07 12 09 09 MAY 09 15 09 10 JUNE 16 02 12 06 JULY 10 08 07 12 AUGUST 06 11 11 12 SEPTEMBER 06 12 10 06 OCTOBER 12 08 11 05 NOVEMBER 18 12 10 08 DECEMBER 05 17 12 17 _______________________________________________________________________ 117 123 122 122
Shown above is the month by month listing of first offender releases between 1993 and 1996. This four year span, just like our racial data, shows a very consistent set of figures. 1993's figure is short 5 men. This data is not available to us but it is safe to assume that like 1994, 1995 and 1996, the figures match. Note that the 1994 figure shows 123 men released. This figure is incorrect in that, in that year 123 men were paroled but only 122 were released. The 123rd man was notified four days prior to release thnt his parole was rescinded. He was taken back to the Board and told to "max out." He had no prior record of any kind and was on a nonviolent charge. In 1996 the Board confirmed both their racial and first offender quota. Our test institution averages two furloughs per month. A furlough is release to a half-way house prior to actual parole release. Up until December, 1996, the quota figures were short. In December the Board furloughed fourteen men, ten Black and four White. This completed their 185 Blacks for the year and as you can see also completed their 122 first offender quota. This fourteen man batch of furloughs was seven times the normal furlough rate for our test institution.
From this data two things are glaringly apparent. First, no matter how hard a first offender tries to straighten out his or her life if he or she is not lucky enough to fall within the "quota" then there will be no parole. Education, programs, institutional record, family support, jobs, selfmotivation and honesty mean nothing. Secondly, the Parole Board is manufacturing criminals by forcing first offenders to remain imprisoned until famiLy, jobs and hope have slipped away. When someone has lost all reason to try then they stop trying. The result is institutionalization and recidivism. First offenders at our test institution routinely receive five to ten year "flops."
Our second area of data can be very unsettling particularly in light of the ODRC and APA's stated policies. This is also the final link in the chain of evidence proving the deliberate inflation of prison populations through unscrupulous means. What it also shows is the premeditated release upon society of known career offenders with the intent on the part of the APA that they do commit further criminal acts in order to return them quickly back into the numbers game. "Ridiculous!" someone will say. Turn to Appendix Item Eight from our test institution. As with the other data collected it is unreasonable to assume that only one institution would be subject to special guidelines and quotas for parole purposes. This data then must reflect the APA parole policy statewide. When viewing Item Eight you will notice at the bottom a legend showing the various markings used to denote the number of convictions each man had who was paroled. This chart covers all paroles from our test institution from February 1993 to January 1997. Note that the first offenders are quite often the smallest group released though they have the greatest chance for success. Notably the men with two convictions usually forms the largest group paroled. These men quite often have to "get their noses bloodied" twice before they wake up. This group still has a better than average chance of succeeding in society and could be considered a good parole risk. Now we look at the groups which could be justifiably called "career criminals." These men have been through the system enough to know its ins and outs and choose to continue their illegal activities. According to both the ODRC and APA published statements these men are not being paroled!
In reviewing the chart you will note that this data covers men with anywhere from one to 6 or more convictions. It could be safe to assume that these men with three, four, five and higher numbers are for whatever reason continuing in a life of criminal activity. It is not the purpose of this analysis to go into tile reasons for "career criminal behavior" but we will note several interesting facts. Thoroughly review Appendix Item Nine and Ten. The ODRC, in the December, 1996 release, shows there were 19,954 new admissions for the year 1995. The February 1997 release shows 19,091 new admissions in 1996. This is an eight hundred and sixty three person drop in one year. The prison population should be going down and yet it's not. And here's the final piece of the puzzle as to why it's not dropping. In l996, 19,064 persons were released from prison. This was twenty seven persons fewer than came in. But note under this 19,064 figure in Item Nine or Ten and you will see parole violations returned 1996 and probation violations returned. This group consists of people put on the streets by the APA and the sentencing courts. According to the APA's 1996 census report there are 10,372 persons on probation. Of these only 927 violated and were placed into prison. This amounts to 8.9%. In comparison Item Nine shows 7,647 paroles for 1996 with 1,594 parole violations returned. This 1,594 men amounts to 20.8% of those released and is probably about equal to those released with three or more convictions. Add the 1,594 men that were P.V. and the 927 that were probation violators and you have enough men to fill a new prison: 2,521. You may even have enough to fill two of the smaller prisons.
It's an interesting and unsettling scenario. People who are supposed to be public servants, the Ohio Department of Rehabilitation and Correction and the Adult Parole Authority, deprive people of their freedom solely for the purpose of extending their employment. These public servants use racial quotas and first offender quotas to keep the savable in prison while releasing career criminals they know will commit more crimes. They are in effect creating their own crime wave and conducting their own criminal training schools. Had the ODRC and APA conducted themselves as professionals, recognizing the importance of the jobs they hold, the State and its citizens would not be facing the present financial crisis.
Had the Parole Board used their guidelines as written the prison population would not have ballooned. There would be no need to spend hundreds of millions of precious taxpayer dollars on useless prisons. Actually there could have been two to four of the States old prisons closed. Our school children and teachers would not be facing the coming century with inferior texts and closing schools. Our citizens who have made mistakes and for the first time in their lives have gone to prison would be looking forward to or would be rebuilding their lives. Our "career" criminals would be undergoing true rehabilitative programs instituted by the ODRC which would save the taxpayers money in crime-related costs. Racism, quotas, and injustices on a massive scale have no place in Ohio's criminal justice system. The results of these actions have caused untold misery and suffering to both those who are incarcerated, their families and the innocent taxpaying citizens of Ohio. It is time the citizens of Ohio demanded a return to justice, reason and financial responsibility on the part of the ODRC and the APA. Give this wasted money to our children's schools.
APPENDIX
ITEM #1: O.D.R. & C. Nears Release in Orient Wire, February 21, 1997. I TEM #2: Adult Parole Authority Published Parole Board Guidelines.
ITEM #3: O.D.R. & C. Annual Report for 1994 Parole Hearings Data.
ITEM #4: Excerpts from reports for years 1994, 1995 and 1996.
ITEM #5: Cure Ohio Newsletter for April, 1996 containing Judge Survey. I TEM #6: Racial Breakdown for End of Definite Sentence Releases.
ITEM #7: Racial Breakdown for Parole, Shock Parole and Furlough Releases.
ITEM #8: Total Men Paroled 2-93 to 1-97, Comparison by Number of Convictions
ITEM #9: O.D.R. & C. Monthly Release December, 1996.
ITEM #10: O.D.R. & C. Monthly Release February, 1997.
ITEM #3
Ohio Department of Rehabilitation and Correction Annual Report For 1994. Adult Parole Authority Hearings Data
1990 1991 1992 1993 1994
Hearings: 14,156 18,341 21,010 23,521 24,429
Releases Granted: 6,041 6,182 7,248 6,100 5,847
Release Rate: 42.7% 33.7% 34.5% 25.9% 23.9%
ITEM #4
Excerpts From Department of Rehabilitation and Correction Reports From the Years of 1994, 1995 and 1996.
1994
Commitments, Total: 19,198
Blacks, Male and Female: 11,056 = 56.8% Whites, Male and Female: 8,142 = 43.19%
1995
Commitments, Total: 19,954
1996
Commitments, Total 19,091 From Report Released 12-96
Blacks, Male and Female 54.3% Whites, Male and Female 43.6% Hispanics, Male and Female 2.0%
ITEM #6
Released at End of Definite Sentence or for Maximum Expiration of Sentence.
GROUP NUMBER PERCENT __________________ ______ _______
African American 1203 56.24% Caucasian 898 41.98% Hispanic 18 .85% Native American 4 .19% Asian 0 0.00% Other/Unknown 16 .74% _______________________________________________________________________ 2139 Total Sample
Those listed as Other/Unknown refused to complete racially related questions.
ITEM #7
Prisoners Released on Parole, Shock Parole or Furlough 12-91 to 1-97.
GROUP NUMBER PERCENT ________________ ______ _______
African American 1003 60.97% Caucasian 580 35.26% Hispanic 33 2.01% Native American 12 .73% Asian 2 .12% Other/Unknown 15 .91% _______________________________________________________________________
1645 Total Sample
APPENDIX TO "An Analysis of Prisoner Release Data for the State of Ohio"
In the section dealing with ethnic release data on pages 11 through 13 there was an accidental failure to clarify one point so as to be easily understood. This data relates to the parole of Black prisoners. In this section the fixed quota for Black prisoners at Orient Correctional Institution for the years 1993 through 1996, was 185. The two minor deviations can be attributed to errors in record keeping on the part of the Ohio Adult Parole Authority.
This same area shows a chart which itemizes the percentages of ethnic groups released on parole. For the Black prisoners there is a nearly 5% greater release rate than the intake figures show should exist. The DR%C's intake percentages show 54+ to 56+% for Blacks. The actual release rate is nearly 61%. Where do these extra Blacks come from? Is the DR&C deliberately deflating the Black population? The answer is "partially." These extra Black prisoners result from the O.A.P.A.'s parole and parole violation policies. As noted in the charts showing releases by number of convictions the A.P.A. releases prisoners they know will reoffend. This gives them an inflated parole rate since approximately 1500 of these men are violated and returned to prison each year. This is itemized in the included DR&C literature. These 1500 men are then added back into the prison's populations. Because these men already have numbers they are not reflected on the DR&C's yearly intake figures. They are excess. When you compare the number of these repeat offenders that are paroled against the number of parole revocations! it is surprising that more of them aren't violated. These men are placed under very close scrutiny and violated for the slightest technical offense.
The Ohio Adult Parole Authority is deliberately releasing less Whites which violates the civil rights of every White prisoner who was qualified for release and was not due to the color of his or her skin. Expanded to a system-wide context the 8% fewer White releases can amount to hundreds in a single year.
In the same context the fixed quota for Blacks also ignores their qualifications for release. If 350 men in a given year are qualified to go home under the guidelines and only 185 are released, the civil rights of the others who were denied release on the basis of the color of their skin have been violated also.
It is well known by all the prisoners in the Ohio system that the pat excuse for a "flop" is "nature of the offense," no matter what that offense is. This gives the Parole Board a rather shaky justification under their complete and unbridled discretionary powers. The truly upsetting aspect of this is that first offenders, both Black and White, are left to sit while men who have shown a definite tendency to reoffend are released only to be violated. These are wasted paroles which could have gone to first offenders the Parole Board knows stand an excellent chance of never returning. But this would be counterproductive to the DR&C and OAPA goals of building more prisons and establishing a greater budgetary and political power base. The "Kiddie Parole Board" shows their intent to start destroying lives at a much younger age in order to increase their potential adult prisoner base. "Vocational" programs within the prisons will turn into Ohio Penal Industries factories and the prisoners will be the new slave labor of the coming century.
If you doubt this ask yourself three questions: Why would any government agency want more crime and more prisons in their own society? Why, in an age that is becoming more technical, are "mind programs" such as college forbidden while "manual labor programs" such as vocational education mandated? Why does the DR&C spend $400 million on new prisons and only $4 million on drug programs when the DR&C itself says that 80% of prisoners have drug and/or alcohol related problems which led to their incarceration? Wouldn't it seem a lot more intelligent and much more beneficial to society, our society, to work on curing the problem rather than building more cattle pens?