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Latest post Sun, Dec 7 2008 8:11 PM by t-ball. 116 replies.
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sandie_221


- Joined on Sat, Nov 22 2008
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We have good news to report! On May 15, the Michigan House of Representatives overwhelmingly passed HB 5329, 5830, 5831 and 6015. These bills would help some people who are serving very harsh mandatory minimum drug sentences for offenses committed before March 1, 2003 (the date previous sentencing reforms went into effect).
Families Against Mandatory Minimums (FAMM) and other advocates and groups have been working since 2003 to expand upon the ground-breaking sentencing reforms that made Michigan a national leader in “smart on crime” sentencing policies. Thanks to the unflagging support of FAMM members, we’ve cleared another hurdle in the legislative process that leads to fairer sentencing laws.
In other heartening news, Governor Jennifer Granholm commuted the mandatory sentences of two FAMM members last week, Sally Smith and Ronald Seegar. To read more about Sally Smith, a long-time FAMM member, click here.
Next steps
Now FAMM’s legislative work moves to the Senate, where we will work hard to keep these reforms moving through the legislative process. FAMM will keep you informed about movement of the bills through ealerts, the FAMMGram, and our website, www.famm.org.
Please take time to also thank your Michigan representative for supporting smart and fair sentencing laws!
Explanation of the bills passed on May 15:
HB 5829, sponsored by Rep. Bert Johnson (D-Detroit), affects individuals who are currently incarcerated. This is the main bill in the package. It includes language that:
- Expands the 2003 early parole eligibility provisions for some individuals who are serving consecutive drug sentences for offenses that occurred before March 1, 2003. Sentences for conspiracy and for some substantive offenses committed before March 1, 2003, will be treated as concurrent (served together rather than one after another) for purposes of parole eligibility only (sentences do not change). Please check the bill for details and call Tom Burkert (information below) with questions.
- Makes individuals serving life without parole for second drug offenses eligible for parole after serving 15 years.
- Provides parole eligibility at half of the minimum sentence for each under-50 gram offense committed before March 1, 2003, that is in a string of consecutive drug sentences.
- Provides parole eligibility at 17.5 years for individuals who committed over-650 gram offenses prior to March 1, 2003, and were sentenced to a term of years.
- Provides earlier parole eligibility to some "650 lifers" with a prior low-level drug offense.
HB 5830, sponsored by Rep. Mark Meadows (D-East Lansing):
- Repeals the repeat drug offender law (this does not effect those whose offenses were committed prior to the effective date of the new law.)
HB 5831, sponsored by Rep. Rick Jones (R-Grand Ledge):
- Makes technical changes to the criminal code to make the probation language consistent with the 2003 reforms.
HB 6015, sponsored by Rep. John Stakoe (R-Highland Township):
- Allows prosecutors to charge individuals who commit repeat drug offenses as habitual felons under the same provisions used for other repeat offenses. (This does not affect those whose offenses occurred before the effective date of the new law.)
PLEASE NOTE: These bills may change in the legislative process. We do not know how long it will take to finally win these reforms – the session ends on December 31, 2008, and action on the bills can happen at any time. We will need everyone's active support to ensure that the bills continue through this process.
Remember – under the proposed reforms affecting individuals serving mandatory minimum drug sentences for offenses committed prior to March 1, 2003, the parole board will determine in each individual case the appropriate time for parole – just as they do now. These proposals do not change sentences, as that would be unconstitutional.
You can find copies of the bills at www.michiganlegislature.org. If you need instructions finding the bills on the website, or would like a copy of the bills mailed to you or have questions, please contact Tom Burkert at tomburkert@famm.org or (517) 487-1261, Mon. – Fri., 9 AM to 5:30 PM. Tom can help you understand the bills, determine what to say in your call, and identify your own legislator. Please leave a message with your name and phone number, if you do not reach him immediately and he will call you back.
Thanks again for your support! Please stay involved and look for more information from FAMM in the near future.
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Anonymous Citizen


- Joined on Sat, Nov 22 2008
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Well, I got the parole notice of decision today, here is what it says:
12 months continuance: reconsideration date: 08/28/2009
Substantial and Compelling reasons for guideline departure: "P needs to develop a better understanding of his addiction for alcohol and why he continues to choose to drink and drive. Needs to get involved in RSAT to reduce risk."
He's been on the waiting list for 5 months now.
The Prisoner's prior post conviction corrections history includes:
-A history of probation failure
-A history of parole failure
-Continued substance abuse under parole/probation supervision
-Commission of crime while under supervision
-New criminal behavior on parole/probation
He was stopped for a "road rage" incident that his truck "looked" like the truck in question. It wasn't him and he was never charged with that crime, so all he got was OUIL 3rd.
Regarding the prior post conviction sanctions, it is our belief the prisoner:
-Fails to understand correlation between failure(s) and risk
-lacks insight into earlier failures
-provides excuses for failures
He stated at parole hearing that he took full responsibility for his own actions and his own lack of judgment and stupidity.
Recommendations for corrective action which may facilitate release:
-Demonstrate responsible behavior by earning positive reports in any programs you may be involved in.
Has these with AA, work pass, no major or minor tickets in the 13 months he's been in so far
-Enter into or continually involve yourself in substance abuse programming.
Again, attending two AA meetings a week and 5 months on waiting list for RSAT
-Identify and develop a positive placement program addressing methods to control substance abuse.
Is set up with a counseling center in our hometown, has an AA sponsor, and AA meetings to attend
-Identify and develop community resources to address special needs identified through group therapy.
Has parole plan outlined: has employment, has transportation, has counseling, has person to install ignition lock on my vehicle, willing to wear SCRAM-alcohol tether, has AA sponsor.
So I'm at a loss as to what more they want.
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crazycajun



- Joined on Sat, Nov 22 2008
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is with him TAKING RESPONSIBILITY IN A VISIBLE, not just VERBAL manner.
just a thought.
you have to BE responsible, not just SAY you are responsible.
michigan constitution, article 1. Sec. 6.
Every person has a right to keep and bear arms for the defense of himself and the state.
keep your powder dry.
"Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote." Bovard 1994
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crazycajun



- Joined on Sat, Nov 22 2008
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we are talking about immoral people who kill for fun, and who lie just to hear their heads rattle.
why should a person take responsibility for a crime they didn't commit?
well, if they are let off for one crime, they get to do the time for the one they confessed to.
now THAT IS STUPID.
unless they are just trying to clear their concience.
michigan constitution, article 1. Sec. 6.
Every person has a right to keep and bear arms for the defense of himself and the state.
keep your powder dry.
"Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote." Bovard 1994
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Anonymous Citizen


- Joined on Sat, Nov 22 2008
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He has shown responsibility in the 13 months he has been imprisoned. He has been on the waiting list since November for RSAT, he has taken it upon himself to go to AA meetings at every place he has been at in these 13 months (he has been moved 9 times) and not for anything he has done. He has gotten good reviews at every place, he has gotten jobs, he is now on a work pass to work for the DNR. Now that he has been at one place for 5 months, he has attended AA twice a week, attends church twice a week, was asked to be unit rep, has support letters from family and friends, has employment when he gets out, has a home to come home to, has transportation to his job, AA meetings, one-on-one counseling set up.
He and I are at a loss as to what more they are asking for when he is a "high probability for parole" and has done everything asked of him.
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Anonymous Citizen


- Joined on Sat, Nov 22 2008
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visible responsibility in prison?
You have really got to be kidding everyone when you make a statement "TAKING RESPONSIBILITY IN A VISIBLE" manner?
How would you do more in a place where being visible is not a good idea and they don't want you to be visible.
This inmate sounds as if he has done VERY VISIBLE things to achieve "corrective" behavior or "rehabilition". I isolate those words because in the MDOC, they mean nothing.
They just see an easy low maintenance inmate that they can get 30,000 + a year for and keep a LOT of people at the MDOC employed.
That is what this is all about, not the safety of the public. The parole board does not really care about the safety of the public.
It is a LIE!
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Anonymous Citizen


- Joined on Sat, Nov 22 2008
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what are you talking about?
a misguided poster wrote...
"You have really got to be kidding everyone when you make a statement "TAKING RESPONSIBILITY IN A VISIBLE" manner?
[no, i'm not kidding. it's the ONLY way to impress the parole board, and that is the only way out of prison without doing your entire stretch.]
How would you do more in a place where being visible is not a good idea and they don't want you to be visible.
[first off, being IN prison is not a good idea to begin with, so THAT was a stupid thing to say. second, who cares whether or not they WANT YOU TO BE VISIBLE? rehabilitation isn't about doing the EASY thing, it's about doing the RIGHT THING.]
This inmate sounds as if he has done VERY VISIBLE things to achieve "corrective" behavior or "rehabilition".
[i beg to differ. all he is done is the MINIMUM THAT WAS EXPECTED OF HIM in order to qualify for parole.]
I isolate those words because in the MDOC, they mean nothing.
[so do the EMPTY PROMISES made by inmates daily. they all PROMISE to be good, not to re-offend, not to assiciate with known felons. none of them DO ANYTHING ABOUT THOSE PROMISES.]
They just see an easy low maintenance inmate that they can get 30,000 + a year for and keep a LOT of people at the MDOC employed.
[no, they see a TYPICAL CRIMINAL that has no other skills in life other than those that will end his sorry ass in jail. he can't even lie well enough to get parole.]
That is what this is all about, not the safety of the public. The parole board does not really care about the safety of the public.
[no one here cares about the 'safety of the public'. the public is only here to pay the bills, not be protected by government. when are you going to wake up out of your publicly schooled malaise and realize that?]
It is a LIE!
[yes, it is. but YOU VOTED FOR IT... SEVERAL TIMES.]
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Anonymous Citizen


- Joined on Sat, Nov 22 2008
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okay.. let's look at their
logic.
your house is close to where he got the drugs that got him into trouble in the first place.
let's try this. let's release him till he fails his first RANDOM drug test. we don't have to know WHERE he is, like a tether tells us. we need to know what he's putting into his system, like a urine test tells us.
these need to be done on a RANDOM basis, as in, HE DOEN'T KNOW WHEN THEY ARE COMING, and they need to be done OFTEN ENOUGH that they don't allow him ANY LEEWAY in taking drugs.
passing ALL those tests, given for the rest of his term, would show that he has CHANGED.
failing ONE would show he hasn't.
how about it?
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Anonymous Citizen


- Joined on Sat, Nov 22 2008
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I said nothing about drugs!
I'm not sure where you got the drug idea from. If you would read my post, I said he was going to AA and he was arrested for OUIL 3rd (that alcohol). He has never done any drugs and therefore he would never fail a drug test. Of course he can get alcohol (beer) near our house, since we live by grocery stores and gas stations. Come on, you want to keep him in prison because of that? That is what he needs the substance abuse treatment for....beer.
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Anonymous Citizen


- Joined on Sat, Nov 22 2008
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Also, there is a community corrections agency
that is 5 miles from our house that does do random drug tests and Breathalyzers. He would have to call in every morning and find out if he needs to go there that day within 1/2 hour to test.
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Anonymous Citizen


- Joined on Sat, Nov 22 2008
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So what are you proposing?
Keeping him in prison for the rest of his life to ensure that he doesn't drive?
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Anonymous Citizen


- Joined on Sat, Nov 22 2008
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he never be able to get a license to drive, ever.
that MAY NOT STOP HIM, but if he has CHANGED, and REHABILITATED as you say, he won't drive again.
i know, that chances of THAT are pretty slim, seeing as since he's ALREADY violated the law THREE TIMES, but it's worth a try.
oh, by the way, put it in writing that when he violates the law THIS time, he gets TEN YEARS FLAT TIME.
that might slow him down some.
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crazycajun



- Joined on Sat, Nov 22 2008
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Please keep Charlie Brown and g-ma out of this one. Just like you.
This bill would right what is wrong with the parole board process now.
[how, all it mandates is CONSIDERATION.]
If this is passed, and if the GOP has its way, it won't pass it, it would allow the parole board to really do a better job at determining whether an inmate is really ready for parole.
[how can this bill pass? it's dead in committee
and even the chairman of the committee won't consider bringing it back up on the floor.]
The only problem is that the parole board members will have to take out their own personal bias from their decision making.
[they can't. it's mandated by law. they have SOLE DESCRETION as to whether an inmate gets parole. unless you take away that discretion, their biases are what helps them make those decisions. now, take away the RESPONSIBILITY for releases gone wrong, and i'm sure the parole board will just go nuts releasing inmates.]
They will have a hard time doing that.
Also, can you use a more civilized language when you post here? thank you.
[have you even read all the posts here? i think not. i've personally been called everything from a twisted individual to a son-of-a-bitch for simply disagreeing with a liberal. now, if you want civilized language, all you have to do is get the libs around here to stop all their stupid name calling. it's just that easy. besides, i have no control over what OTHER posters write, only what CRAZYCAJUN writes. and CRAZYCAJUN sometimes feels compelled to tell it like it is.]
michigan constitution, article 1. Sec. 6.
Every person has a right to keep and bear arms for the defense of himself and the state.
keep your powder dry.
"Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote." Bovard 1994
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crazycajun



- Joined on Sat, Nov 22 2008
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why don't you put your support behind THIS bill?
it CHANGES THE PAROLE LAWS and ACTUALLY MANDATES ACTION.
it is an HONEST ATTEMPT TO CHANGE WHAT YOU HAVE BEEN BITCHING ABOUT.
the only thing it DOESN'T do is mandate early release, that must be why you don't support it.
that, and your grandchild has ALREADY BEEN PAROLED, you do no longer care about parole reform.
michigan constitution, article 1. Sec. 6.
Every person has a right to keep and bear arms for the defense of himself and the state.
keep your powder dry.
"Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote." Bovard 1994
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Anonymous Citizen


- Joined on Sat, Nov 22 2008
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that the Parole Board out of 10 members has 4 ppl is the "public people?"
"The "Citizens'" Parole Board
One would like to think that a battered woman's petition for clemency would be approved or denied according to the merits of the woman's case and her prison record. Unfortunately, in Michigan, as elsewhere, it is the composition of the Parole Board and the occurrence of high profile crimes by recent parolees which ultimately determines whether a petitioner is released.
The current Michigan Parole Board has shown itself to be extremely unsympathetic not only to women seeking clemency, but to many prisoners seeking parole. In the late 1980s and early 1990s, about two-thirds of Michigan prisoners who applied for parole were released. 58 In 1995, the Parole Board approved only about half of the appeals it heard. 59 The Parole Board's reluctance to grant parole is causing the Michigan prison population to soar, even when the number of incoming inmates is declining.
Between 1985 and 1995, Michigan's prison population has skyrocketed from 17,744 to 41,112. 60 A report to the Michigan Sentencing Commission states that if the Board continues these parole practices, the prison population will reach 65,000 by the year 2007. That is an increase of 20,000 in ten years. 61
Tight Parole Board control has caused a drastic increase in prison population for two reasons:
1. Michigan's indeterminate sentencing policy allows the Parole Board great power over a prisoner's out-date. 62 Under an indeterminate sentencing system, a sentencing judge gives prisoners a minimum term proportional to the crime committed. The Parole Board then sets the exact amount of time to be served according to post-sentencing factors. The current Parole Board does not assume that the prisoner should be released at the end of the minimum sentence.
2. The current Parole Board revokes parole for minor and technical violations of parole conditions. Critics contend that while the Parole Board's function should be to assess whether a person poses a danger to society, it has, in fact, become a re-sentencing court. 63 This re-sentencing function is especially dangerous since prisoners do not have a right to counsel or to dispute inaccurate information at their hearing.
The Parole Board's reluctance to grant clemency or parole can be traced to an incident in 1992 in which a parolee committed a series of rape-murders. 64 The ensuing public outrage led to formation of a "law and order" Parole Board.
From 1976 to 1992, Parole Board members all had corrections experience and civil service protection. 65 Following the 1992 incident, the Board was stripped of its civil service protection and completely reconstituted. Today, the Director of the Department of Corrections appoints Parole Board members. Stature requires that at least four members have no prior Department of Corrections employment. Thus, the Parole Board has gone "from a professional Board with corrections experience to a 'citizens' board not required to have any experience with prisons or prisoners." 66 (See appendix 7 for an up-to-date list of Parole Board members.) Because the Parole Board may be held politically accountable for the actions of parolees, it may deny parole or clemency to any controversial candidate."
The Parole board cannot be as strong in power as they say they are IF they have to "hire" the public people to make the rulings for them
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Anonymous Citizen


- Joined on Sat, Nov 22 2008
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COULD YOU BE ANY MORE RIGHT
I TOTALLY AND 100000000% AGREE WITH EVERYTHING U JUST SAID.....ITS ALL BULLSH*$ WITH THE STUPID ASS GOVERNMENT....ITS ALL ABOUT THEM AND UNFORTUNITLY IT WILL PROBABLY STAY THAT WAY...MY ADVICE (AND IM GOING TO TAKE IT MYSELF) IS TO WRITE,CALL JUST BASICALLY COMPLAIN TO THE GOVS OFFICE...IF ENOUGH PPL DO IT MAYBE SOMETHING CAN GET DONE ABOUT IT......IF ANYONE AGREES AND DOES IT THE BEST OF LUCK TO YOU!!!!!!
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Anonymous Citizen


- Joined on Sat, Nov 22 2008
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THE PEOPLE SHOULD VOTE FOR PAROLE BOARD MEMBERS!
Soon I will initiate a petition to amend section 791.231a. I believe the current parole board and it's practices are harming Michigan. I am on parole. I committed a non-violent crime 10 years ago at 18 years of age. I have seen it go from being hard to get out of prison to the current practice of impossible to get off parole. It is literally as though they want to keep as many of us on parole as possible until (somehow) society's agenda once again turns to building more prisons and unnecessarily housing more prisoners. Enough is enough, how long must we live fearing that one day we will arbitrarily be torn away from our families. Actually with parole costs increasing exponentially why not do away with parole altogether. We already have mandatory minimums. I got sentenced to 3 years. Did 6 and am still on parole yet have committed no new crimes. I'm 28 and have yet to live life without fear.
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t-ball


- Joined on Mon, Dec 8 2008
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Re: 2007 House Bill 4548 (Revise parole guidelines )
It is time to contact your Senators to pass this bill in the Senate!! It will help keep track of the parole board, as it was intended, and allow the inmate to appeal a denial if they have a high parolable score. It will save money in the Corrections budget. Please write, call, email your local senator today to get this passed during the lame duck session!
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