TO: . . . Robert M. Bell, Chief Judge, Maryland Court of Appeals - f410-347-3908
Judge David B. Mitchell, Criminal Courts of Baltimore City - f410-545-7322
John Henry Lewin, Jr., Criminal Justice Coordinating Council - f410-244-7742
Footnote 1: Please share with other members of the Council.
Delegate Peter Franchot - Appropriations Subcommittee Chair - f410-841-3532
RE: . . . Criminal Commitment Documentation, Transmittal and Recordkeeping
Quality / Consistency / Reliability / (?) Authoritativeness
Questions Propounded by Quinton Osborn, #264-449, MCIH
This memo is somewhat of a follow up to my two prior memo/letters addressed to Chief Judge Bell on October 11, 1998 and January 7, 1999 regarding the complexities of documentation/recordkeeping as they pertain to diminution credits.
It is my understanding that Judge Bell, Mr. Lewin of the Criminal Justice Coordinating Council, and others are presently working toward a revised plan for the courts to be reported/submitted to the legislature by October 1st of this year in time for the 2000 legislative session.
I was present at the June 15th hearing before the Appropriations subcommittee and I took copious notes which I have re-reviewed prior to inscribing this memorandum. In addition, as of April 27, 1999, I submitted a report of my findings with regard to the District courts, subsequently transmitted by fax to Mr. Lewin's office on May 18, 1999.
The inmate Quinton Osborn is housed at the medium security prison known as the Maryland Correctional Institution (MCIH) on the outskirts of the town Hagerstown in Washington County. Inmate Osborn's commitment number (beginning "264") indicates he is relatively new to the system and his first parole hearing date indicates he will be released one way or another relatively soon.
The population of MCIH (only one of the three major prisons in Hagerstown) was reported by official Department of Public Safety statistics as 1,993 during July of this year. Average age was 35.2. Average stay was calculated at 53.1 months (roughly 4« years), when excluding persons with life sentences. Previous and current estimated custody costs per year for individuals committed to facilities of the same or similar nature in the State of Maryland at least exceed $20,000 and many estimates tend to run more than 25%, 33% beyond that or even higher. Footnote 2: Court courts and ancillary expenditures tend not to be incorporated in most of these estimates.
Inmate Osborn writes to me in a handwritten letter two-sided on a single sheet of standard ruled yellow legal pad. It was postmarked yesterday and arrived today. For the reason of problems associated with handwriting as opposed to typeface Footnote 3: I have no information whether this inmate has access to or skills with a typewriter, primitive word processing device or the like., I shall paraphrase and reiterate below his principal questions for the purpose of better clarity and to overcome any shortcomings of fax machines or photocopiers. Footnote 4: Inmate Osborn's complete two-page letter in full text will follow by fax. "I have a few questions that I need answered immediately ..." 1) Is a commitment paper with no seal of authentication legal? 2) If my rap sheet says "No Disposition" where it says "Sentence", what does that mean? 3) If my counselor's copy has a seal but my copy doesn't, does that have anything to do with the 5th Amendment, 14th ("due process") or equal protection? 4) a) Is the judge who sentenced me supposed to put his full signature on the bottom of the commitment paper instead of initialing it? b) What if the initial doesn't match the judge's name? Is this a defect in the commitment? P.S. If I only have a carbon copy of my commitment, should there be a seal on my copy: True or False?
Please know that this inmate's experience is not unusual, only timely in terms of the October 1 reporting deadline and succinct and to the point in its own way.
Please also note Inmate Osborn asks in conclusion: "I would like to know if all these things are a cause for me to take civil action. It doesn't seem right, that's why I have come to you." I find I will be unable to answer him immediately.
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2 handwritten sheets to follow by fax (5 sheets total)
cc: . . . Parris Glendening, Governor - f410-974-3275
Kathleen Kennedy Townsend - Lieutenant Governor - f410-974-5882
Stuart O. Simms, Secretary of Public Safety - f410-339-4243
William W. Sondervan, Commissioner of Correction - f410-764-4182
Patricia Cushwa, Parole Commissioner, f410-764-4355
Stephen E. Harris, Chief Public Defender - f410-333-8496
Stephen Z. Meehan, Esquire, PRISM, 1-410-778-2918
Dwight Sullivan, American Civil Liberties Union - f410-366-7838
Quinton Osborn, #264-449, MCIH (by mail)
Also to be posted on Internet website: http://www.geocities.com/CapitolHill/6774