SECOND CHANCE
FOR OLD LAW PRISONERS
THERE ARE over 2500 OLD LAW PRISONERS IN WISCONSIN
What is an “Old Law” Prisoner?
1)
People convicted of crimes committed before December 31, 1999 are old law prisoners.
At that time they were eligible for parole after serving 25% of their sentence or 13 1/2 years if given a life sentence (WI
1989-1990 statutes 304.06) . They would be released if their conduct was good.
2) They have served at least 14 ½ years.
3) All are 30 years of age or older. Studies show the best indicator of dangerousness is age, and crime declines dramatically after
age thirty. It is almost nil by age 50.(see chart next page)
4) Many have multiple degrees from PELL grants for advanced education. Grants for prisoners for education were stopped with
TIS Truth in Sentencing in 2000.
5) Many are elderly. Open records request in 2012 revealed there were 1000 inmates over 55. The oldest prisoner had recently
died at 102.
6) THE MAJOR TRUTH THE DOC DENIES IS THAT PEOPLE CHANGE. The men in prison today after decades , many
of whom had lots of training and treatment before Truth- In- Sentencing stopped all that, is not the same man who committed
his crime as a youth.
7)Wisconsin for the first-time in its history spends more money on corrections than it does on the whole University system.
8) The wasting of resources in holding these parole ready prisoners and the resulting abandonment of the mission to rehabilitate,
demoralizes staff and prisoners alike and the system has become entirely punitive. While many of the older prisoners have
learned self control and have the personal skills to navigate the corruption that riddles the system, the mentally ill and
younger prisoners usually have no such skills. Yet there is little treatment or training for these “kids” coming into prison and
most will be released in a few years making us all less safe, while elderly prisoners with stellar behavior records and multiple
degrees are denied parole.
9) While OLD prisoners have no definite release date, TIS inmates are released to the outside, by law, “ready or not.” And without
training or treatment, – it is mostly “not ” and these young folks are often soon back in prison. .
10) Many of these prisoners are fathers, wanting nothing more but to have a chance to be good guides for their children . They
helplessly watch as their children, without positive role models, turn to crime in their late teens and follow their parents into
prison. There is a growing movement of ex-prisoners dedicated to stopping the school to prison pipeline with positive Black
roll modeling . With an effective parole system , where only those prisoners who need to me incarcerated are held would go
a long way toward healing broken communities.
Here is a quote from the Pew Charitable Fund(2012) on the subject :
“Researchers have consistently found that age is one of the most significant predictors of criminality, with
criminal or delinquent activity peaking in late adolescence or early adulthood and decreasing as a personages. Older offenders are less likely
to commit additional crimes after their release than younger offenders. Studies on parolee recidivism find the probability of parole violations
also decreases with age, with older parolees the least likely group to be re-incarcerated. A 1998 study found that only 3.2 percent of
offenders 55 and older
returned to prison within a year of release, compared with 45 percent of offenders 18 to 29 years old.21
Likewise, a 2004 analysis of people sentenced under federal sentencing guidelines found that within two years of release the recidivism
rate among offenders older than 50 was only 9.5 percent compared with a rate of 35.5 percent among offenders younger than 22 . Given
these statistics, releasing some elderly inmates before the end of their sentence poses a relatively low risk to the public.”
Another reason to reevaluate the “risk to the public” of old law prisoners:
VIOLENT CRIMINALS vs prisoners convicted of a violent crime
vs old law prisoners.
When Truth in Sentencing came in and in order to receive the VOTIS money, WI had to certify that it was
keeping “violent Offenders in” and that it had enough violent offenders to qualify for the funds. ALL old law prisoners
were swept under that appellation when in truth , many offenders were guilty of being “party to a violent crime” or
were part of non violent crimes,( drugs etc). We have many people classified as “convicted of a violent crime” who
were not “violent offenders” and never wielded a weapon nor hurt anyone physically. On the face of it, it wouldn't
appear to be much of a distinction, but whether a person has ever actually physically harmed someone by their actions
is huge as it relates to risk to the community. In an open records request response the DOC acknowledged that of the
2887 old law prisoners "957 are serving a sentence for a violent crime," instead of labeling them violent offenders.
We believe that the above information and the data from many studies showing dramatic risk reduction
with increased age, gives the DOC a mandate to change present PAC rules to eliminate the power of the parole
commission to use overly subjective criteria. With the addition to the hearing of advocates and other
testimony from those who know the prisoner and can testify pro and con, the parole deciders will have the
broad view needed to accurately and fairly assess the inmate’s readiness and the rehabilitated prisoners will be
released to society where they belong.
Education Cut While Prisons Get Increases
Education cut while prison get increases
When most of the baby boomer went to prison, college was
affordable, often free. Education was a high priority. Last year
for the first time Wisconsin spent more on Corrections than on
the University system. Likewise all education has suffered as
we go for punishment as the answer to all problems. There has
been much reporting on a new no tolerance policy in schools
where kids as young as kindergarteners are expelled for being
disruptive.
After 2000 Parole releases decline to near zero despite clear eligibility
An “Old Law” Prisoner is someone who committed is crime before December 31, 1999. The statutes at that time set parole eligibility at 25% of sentence served.
For prisoners sentenced to life, parole eligibility varies slightly but all are 11 to 13 1/2 years served. All OL prisoners have been in prisoners at least 16
years, many for multi decades. In an open records request of a few years ago, we learned that the oldest prisoner died that year at 102.
As said earlier, judges of prisoners prior to the enactment of Truth in Sentencing,(TIS), Knew that most prisoners would serve 25% of time sentenced-so they gave
the prisoners long sentences to ensure a minimum number of years were serve. For example, an 28 year old might be given a 40 year sentence with the
judges statement:“I am giving you 40 years for this robbery because I want you to serve ten.”
But after Governor Thompson’s memo directing his staff to hold “Old Law” Prisoner in by any means possible within the law , parole declined to near stopping
and that once 18 year old who was supposed to serve ten years according to the judge, is still in after 26 years
The next few pages show graphs and statistics of the change.
Below is straight statistics 1)“extended supervision” is TIS prisoners; 2) Mandatory release is when the law mandates release of old law prisoners- they have
nearly served all of their elongated sentence. 3)Direct discharge are Old law prisoners who serve 100 percent of their elongated sentence. 4)Discretionary
parole is the number of prisoners released on parole- -”discretionary” means it is up to the parole commission whether they release you.
Next is a chart year by year- who gets released-look down the PAROLE column- from 1.422 in 1990 to 172 in 2014.
Prisoners have learned that there is nothing in their behavior that can help their release. And now the DOC is finding new
ways to keep OL prisoners in beyond mandatory release date.
The table at right
shows releases from
1990 to 2014: Look
at those under
:”Parole” : this is the
“old law group”.
Releases went from
1,422 in 1990 to 172
in 2014The judge gave extra
long sentences to
prisoners under old
law, knowing they
would most likely be
released after serving
25%. The lengthy
sentences served as
incentive to
rehabilitate oneself
for if you did well,
you would be out.
That bargain has
been betrayed, for
now old law inmates
learn there is nothing
they can do to get
released- they serve
till the DOC has no
choice legally but to
release them.
WHY ARE THEY KEPT IN PRISON?
MONEY ROLLS IN
•
•
•
•
•
•
•
•
•
•
•
•
•
•
1994 Violent Crime Control and Law Enforcement Act/ $9.7 billion in funding for Corrections
1996 Violent Offender Incarceration and Truth-in-Sentencing (VOI/TIS) Incentive Program
Report to Congress
February 2012
Fiscal Years 1996-2001 VOI/TIS FUNDING
state FY 1996 FY 1997
FY 1998
FY 1999
FY 2000 FY2001
total
WI 1,248,453 3 ,888,490 2,744,286 5,095,329 465,141 4860,545 21,962,244
WISCONSIN RECIEVED 21 MILLION DOLLARS between 1996-2001 From Federal government to
build new prisons, enacted TIS and keep old law prisoners incarcerated
Mandate from FEDS for WI :
KEEP VIOLENT OFFENDERS IN
Gov. Tommy Thompson letter to DOC Secretary
Michael Sullivan , April 28th, 1994
At right is the infamous letter of Governor Thompson to
Doc Secretary Sullivan telling him to keep Old law
prisoners in as long as legally possible and the system
continues to be creative in finding ways to hold the
prisoners indefinitely. It is our information and belief
that the compass testing is this effort’s newest
ramification ( more on compass testing here).
So basically , the old law prisoners have been treated
like truth in sentences prisoners only with their original
much inflated sentences remaining intact. In most
parole interviews, the reasons given for parole denial
have to do with nature of the crime and “You haven’t
served enough time for punishment “ or “release at this
time would be too dangerous to the public.” All OL
prisoners are over 30 and as chart on page 3 shows,
they are in them main not dangerous.
What did WI do with the Money?
• WI received more than 21,000,000
• Construction projects at 5 correctional facilities
across the state adding 2,162 cells/beds: NLCI,
SCI, and Supermax were new prisons constructed,
GBCI added to, mental health unit at TCI built by
court mandate.
• Implemented TIS (TRUTH -IN–SENTENCING)
A)THE BEGINNINGS : some VOTIS Documentation from the prison boom era, when new parole were implemented
Like most states, Wisconsin received much funding though these bills:
1994 Violent Crime Control and Law enforcement Act and the
1996 Violent Offender Incarceration and Truth-in-Sentencing (VOI/TIS) Incentive Program
1)Letter number one is the famed 1994 Tommy Thomson memo to the then secretary Sullivan enacting the policy of using all legal means to
keep old law prisoners in for as long as is possible. Today most old law prisoners are kept until their MR dates although recently, there has
been a spate of releases a few months before MR. Many inmates and activists think this is a cynical attempt to make it look like parole is
happening again.
Letter from US
Attorney
General’s
office to
Secretary of
WI DOC Joe
Litscher
~September 21, 1999
Passage from US Attorney General to DOC Secretary Litscher
April 28th, 1999
Moneys awarded:“Based on your state’s documentation of yearly increases
in Part 1 violent offenders arrested, sentenced to prison, and/or serving
longer periods of confinement. Your state has also met the requirement of
part 1 crimes serve not less than 85 percent of the sentence imposed.”
WISCONSIN’S BIG LIE
• TO receive federal funds, WI had to keep “violent offenders” in
prison.
• PROBLEM: NOT ENOUGH VIOLENT OFFENDERS IN WISCONSIN
• SOLUTION ONE : BIG LIE : Governor Tommy Thompson changed
this requirement to those ”convicted of violent crime” which
means all those convicted of being ‘Party to a crime” still remain in
prison. Many of these people are categorized as “violent” when
they have never hurt anyone.
• SOLUTION TWO: treat ALL old law prisoners , no matter the crime,
as if they were truth- in -sentencing prisoners by virtually
eliminating parole.
HOW Kept in ?with unwritten rules and contradictory rules
The usual excuses: Has not served enough time-(no criteria given)
Has not completed programming ( not offered in prison he is in or told he cannot
complete till almost at MR date)
Must be released from minimum security institution
Must have 11 month defer before release
less known examples of unwritten rules used to confuse and befuddle/and statutes
misapplied
1) mandatory Programming must be assigned by the judge. Many reports of programs
assigned retroactively
2) catch 22 of administrative segregation: many seg rules do not allow programming,
leaving the mentally ill out- then they are given extra time for not doing programming.
3) Most common recently in minimums:
require inmates in SCI is to do work release before parole when there are few jobs,
require FLCI inmates to work on the farms surrounding the prisondozen of jobs for hundreds of inmates. Another ruse.
We have reports of many inmate waiving parole hearings because they know it is such a
sham and heart break.
Words of Kim Szemborski
It seems like every single time the issue of the gross wasting
of lives and money in holding old law prisoners comes up, it is
quickly followed by the DOC pointing out that 95% of these
prisoners are violent offenders, which leaves the most crucial
part of this story untold.
DOC received $21,962,24.00 for certifying to the Feds that
they were making violent offenders serve 85% of their time
and that the prison time served is directly related to the
determination that the prisoner is a violent offender.
In actuality they lied to the Feds because many of those that they kept in longer and
certified to be violent offenders were merely convicted of violent category crimes and
were not violent offenders.
On the face of it, it wouldn't appear to be much of a distinction, but whether a person has
ever actually physically harmed someone by their actions is huge as it relates to risk to
the community.
Note: In an open records request response the DOC acknowledged that of the 2887 old law
prisoners "957 are serving a sentence for a violent crime," instead of labeling them
violent offenders, they have never acknowledged the difference on any other front. Doing
so raises more questions about why these guys are still locked up and they don't want to
have to answer those either.”
Wisconsin VS Minnesota Prison Population Increase
…and the WI population tripled
7 thousand in 1994 to 22 thousand in 2007 (13 years)
MINNESOTA DOES IT RIGHT
While WI was growing its prisons , Minnesota was putting
its money into probation, rehabilitations and community
support. It now has 1/8th the prison population, and the
crime rates are similar.
2008 chart and Report from WISTAX: Wisconsin
spent $1.08 billion on corrections in 2008,
compared to $460 million in Minnesota.
MN has 12,000 fewer prisoners than WI with similar
populations. MN puts its funding into community
programs and probation, and has the same crime
rate as WI.
consequences
WI prisons hold nearly 3000 prisoners who are rehabilitated, wanting to
give back to society, many with children needing them badly. We need
them too for many have learn self discipline and focus few people have
in this distracted world
Families are broken up and households fatherless-leading to cycles of
poverty and crime in poor communities. Money needed for programs
and treatment centers for the mentally ill is going to medical care for
the old and sick.
We now spend more on corrections than we do on the whole university
system.
Next:
Of particular concern:
Mass incarceration of young black men
Mass incarceration of the elderly
INCARCERATION OF
AFRICAN AMERICA MALES
In 2010 Wisconsin the census
count of men ages 18 to 64
incarcerated in state and local
correctional facilities showed WI
has the highest rate in
incarceration rate for black
males in the nation..
The study concludes:
over incarceration
increases crime
Impact on the young , minority and poor communities
The impact of holding these Old Law prisoner extends throughout society in lack of finding for all other worthy programs like college. But
our policy also devastates families and communities and yes, increases crime. Wisconsin is way ahead in this one also- infamously. A few
years back Wisconsin was named as the state that incarcerates the most African American males. Significantly, Milwaukee has often been
also named as the city with the poorest math and reading scores. Last year UWM Employment and Training Institute did a study on the
impact of WI justice policies on the Milwaukee Community. Here is the heading of their study and its opening statement.
(from study introduction) “The prison population in Wisconsin has more than tripled since 1990, fueled by increased government
funding for drug enforcement (rather than treatment) and prison construction, three-strikes rules, mandatory minimum sentence
laws, truth- -in-sentencing replacing judicial discretion in setting punishments, concentrated policing in minority communities, and
state incarceration for minor probation and supervision violations. Particularly impacted were African American males.
Notably 26,222 African American men from Milwaukee County have been or are currently incarcerated in state correctional
facilities (including a third with only non-violent offenses), and another 27,874 men (non-offenders) have driver's license violations
(many for failure to pay fines and civil forfeitures) preventing them from legally driving.”
Study’s conclusion: over incarceration increases crime.
It is easy to see the impact of our lock- em-up- and- throw- away -the -key policy through the younger T-I-S prisoner. Many of our
old law prisoners have children who only know their father and mothers as prisoners and now many these now young adults are
having children. As most Milwaukeeans know and this study shows, the absence of fathers is a major factor in crime in Milwaukee over incarceration causes crime. And over and over again we hear from TIS prisoners that they grew up without their fathers; that
their only model was the drug dealer on the corner or the movies.
Below are the words of a 17 waiting for his father who has served 17 years of a 50 year sentence for the crime of robbery in
which no one was hurt. He has been eligible for parole for the last 4 years, has done all his programming and has been well
behaved. Like most of the other old law prisoners, the reason given for no parole is: “Not enough time served for punishment.”
“Hello its me Robert!! Im a senior at park high school. Im 17 and I don't have a good relationship with my dad but I would love a relationship with
him. I would love to see him at my prom and graduation that's all I want really. I haven't seen my dad in 2 years and I would love for him to come
home. I would like to have a father in my life now and I go to prom on May 17th and I graduate June 8. My relationship to my father is not what I
want I really want to see him and I want him to come home. The reason why I want him to come home is because he hasn't been a father in my
life for 17 years and I want him here. I believe he should come home because he been in there for 17 years and its time for him to get out of
prison. I love my dad and I believe he deserve another chance at life and you should put him on parole house arrest or something just let my
father come home where he belong's. We'll that's all I have to say so i end this with a goodbye and I pray you over look his case and send him
Statement of son
Hello its me Robert!! Im a senior at park high school. Im 17
and I don't have a good relationship with my dad but I
would love a relationship with him. I would love to see him
at my prom and graduation that's all I want really. I haven't
seen my dad in 2 years and I would love for him to come
home. I would like to have a father in my life now and I go to
prom on May 17th and I graduate June 8. My relationship to
my father is not what I want I really want to see him and I
want him to come home. The reason why I want him to
come home is because he hasn't been a father in my life for
17 years and I want him here. I believe he should come
home because he been in there for 17 years and its time for
him to get out of prison. I love my dad and I believe
he deserve another chance at life and you should put him
on parole house arrest or something just let my father come
home where he belongs.
We'll that's all I have to say so i end this with a goodbye and I pray you over look his case
and send him home. Goodbye.
Robert’s father has served 17 years of a 50 year sentence for armed robbery. No one was
hurt.
Like most of the other old law prisoners, the reason given for no parole is: “Not enough
time served for punishment”
CRISES OF THE ELDERLY
ACLU At Americas’
Expense: Mass
Incarceration of the
elderly
Most Important: Prisons are not built to house of care for the elderly
Life in prison can challenge anyone, but it can be particularly hard for those whose minds and bodies are
being whittled away by age. Prisons in the United States contain an ever growing number of aging men and
women who cannot readily climb stairs, haul themselves to the top bunk, or walk Long distances to meals or
the canteen; whose old bones suffer from thin mattresses and winter's cold; who need wheelchairs, walkers,
canes, portable oxygen, and hearing aids; who cannot get dressed, go to the bathroom, or bathe without
help; and who are incontinent, forgetful, suffering chronic illnesses, extremely ill, and dying.
Nancy Ezell
“I was sentenced to 65 years prison for less than of maybe $350.00. I've been lock
down since April of 98 and have had numerous of major Heart surgeries
, costing the tax payers Thousands and Thousands of dollars. You would be shock at
the health care bill for me.”As of November 2016,
she was diagnosed with cancer. 62 YEARS OLD , in since 1998
The prison says she was a big time drug dealer, he neighbors and she attests that she
was running a mean site, albeit paying for the food with drug sales. She says ‘Look
at the photos in the newspaper- the rooms are full of tables and chairs!” At any rate,
she has long passed her release eligibility date and is very ill and needs to be home.
We did a compassionate release application for her last year but the DOC doesn’t
recognize compassionate release for Old Law prisoners even though there is an
executive order delineating provisions for compassionate release for Old law
prisoners…(find conditions give link)
Robert R. Taylor 181190; Foxlake Correctional inst.
Sentenced to 50 years for robbery, no one go hurt. Has been in prison for
19 years. Has son who just finished high school and is still waiting to get to
know his father.
http://parolecases.blogspot.com/2014/07/robert-taylor.html
Why are we holding these people?
James Schuman and Parents. He tried for compassionate release so
he could be with his parents as his mother has was dying of cancer. Now
after her death, he prays to get home to help his father.
Scott Howard with aging parents
Parents not long to live, these men want most
to be with them in their last days. Scott Howard and James Schuman are both in their 60’S and long ago rehabilitated. They both
have ailing parent and their most earnest desire is to be with them in their last days.
Scott Howard's blog for more infoclick here to read James Schuman's blogpost
Terrance Shaw has been in prison for 32 years, for murder. He is a Viet Nam veteran
and now knows he had PTSD when he committed his crime and still works at
controlling the symptoms, is model prisoner and has been offered treatment at the
VA Hospital and a job mentoring others after treatment is finished- he must be
released first.
/View Terrance's blog http://terranceshaw.blospot.com/
Hector Cubero
Rufus West has been is prison for 21 years for Robbery. Enough time. He has transformed
himself and is model and teacher for all. Incredibly, this man is still in a maximum prison.
He won a lawsuit that ended one of the WIDOC most controversial and punitive programs:
Behavior management
Here is his blog : http://vanguardsofjustice.blogspot.com/
Hector Cubero was in prison for 27 1/2 years . He was then paroled ;then revoked for tattooing a
minor who lied about his age- His revocation has extended too long.
ORDERED DEPORTED BUT ARE STILL HERE.
It is an incredible fact that we have many prisoners from other countries who were eligible for parole many years ago and we ordered deported bac
Jose Fuentes
Like the next petition, he wants to be deported, is eligible to be
deported. He is rehabilitated, his family is waiting
Here is Jose's blogpost
Ron Schilling and mother shortly before she died
Ron Schilling:
Born In 1951, Ron Schilling is now 64 and has been incarcerated since 1976, 39 plus years.
Ron was granted parole by Leonard Wells until he became victim of the new tough on crime rhetoric that also cost
Leonard Wells his job. Since then he has been back and forth from minimum to medium and is transferred without a
word on why and is convinced there is retaliation going on.Here is what his social worker said:
"Mr Schilling has a keen mind and a good heart. If he is not a successful candidate for
restoration to the community, then no one on my caseload could possibly be!"
be!" his blogs
Ron schillings parole story and much on how parole doesn't work:
http://freeronschilling.blogspot.com/;
Ron schillings essays:
http://schillingessays.blogspot.com/
Verlin H. Walker, #171948
Verlin walker as part of the PDCI sand bagging crew
Another man granted parole by the commissioner and then denied by the parole chairman. This man has had many work release jobs, was a
fork lift driver in Seneca and is a saw operator for Midwest Metals today. He has had access to people keys in his work and at one point drove
80 miles to his job form the prison. What are we waiting for???
Incarcerated 3/96 on a 35 years sentence for masked armed robbery
Has served 19 years, Born in 1970 , in now 44.
Become parole legible in 2004:
10/06(18 month defer), 4/08(12), 4/09(11), 3/10(10), 1/11(1), 11/11(8), 7/12(8), 3/13(7), 10/13(7 w/ a Pre Parole Investigation [PPI]), 5/14(6),
11/14(4 w/ a PPI), 3/15(grant recommendation).
His blog post:http://parolecases.blogspot.com/2015/06/verlin-walker-parole-granted-and.html
Mr Marlon Powell 179852
45 years of age; Kettle Moraine Correctional Institution;26 years old when
arrest for 1996 robbery. Incarcerate 19 years so far for armed robbery.
All he wants is to be home caring for his mother, who has Alzheimer's.
counts armed robbery.
Marlon Powell And His Mother
IN SUM
Because of the high cost of holding old law prisoners there are
no funds for anything else. In Wisconsin there are treatment units for
the mentally ill planned and ready to be built but there is no funding.
Good health care staff is hard to keep because pay is not competitive .
Whereas before TIS , prisoners could get PELL grants for college
education, now there are none and there are a only a few programs of
any worth left in the system. In the main, the TIS prisoner who is
illiterate going in today, will come out the same even if his/her desire
to learn is intense.
Whereas the prison system used to be place where rehabilitation
was offered by design, that design has changed and sadism is often the
rule. ”They don’t want to help me” is a common phrase. When there
are no tools to give people what they need to help them, a system can
only deteriorate.
173 million dollars a year is what we spend on old law prisoners,
many of whom never were violent and most of whom are now
rehabilitated. Time to put those funds to better use. Time to end the
horror.
Evolution of the stuck
system was calculated:
no accident
2006 Quote by Ron Schilling, 63, incarcerated since 1976
"The entire prison industry is not so much a moral
failure as it is a designed systemic failure, geared to
maintain exploding prison populations and satisfy
the requirements for obtaining the billions of dollars
in federal grants. Moreover, from a public-safety
point of view the system is making matters worse.
And from every perceivable angle, it is by design. Can
it be turned around? There has to be a commitment
to make sweeping changes in the system, but I do
not imagine those sacrificial changes coming on their
own. The system will not sacrifice itself for the sake
of correcting corrections, or doing the right thing for
the public good. “