You can not Always see your Destination on the First step of the Journey

Following the removal of parolable lifers from the pre-release system in June 1993, a group of concerned citizens began lobbying for changes in the Criminal Justice system. In 1995, Delegate Clarence Davis introduced HB-623. This bill called for total repeal of the Governors authority to sign for parolable lifers release after twenty years. In 1996, Senator Nathaniel McFadden; Delegates Davis, Cummings, and Merriott introduced SB-755 and HB-1021, respectively. These bills also called for the total repeal of the Governors authority to sign for the release parolable lifers after twenty years. In 1997, Delegate Davis again introduced legislation calling for the repeal of the Governors authority, only this time the legislation involved Sun-Set Clause of five years, HB-1293. Finally in 1998, SB-394 introduced by Senator Nathaniel McFadden, sought a three judge panel to review a sentence after twenty years, and HB-685, introduced by Delegate C. Davis, C. Mitchell, S. Merriott, and N. Oaks calling for repeal after twenty years with the five year Sunset Clause.

A crisis situation has developed in the Maryland Criminal Justice system, and our efforts attempt to address some of those concerns. Our lobbying methods involve having each individual know what legislative district they are from, who the Senators and Delegates are in that district, and to have them, their family, and friends in contact with those individuals. We have also instituted a process called Vote by Proxy, which means the family member and friends cast their vote for the candidate we as a collective body select.

SEEKING JUSTICE

After having inherited dismal conditions created by the 'Willie Horton' syndrome, and its dangerous political ramifications, no one can fault the Governor for protecting himself from those consequences. His position of vindictive retribution in terms of parole for lifers, however, leaves serious questions of his ability to be objective in using his discretion, (vested in him by law) especially when the position is not supported by facts on lifers.

Maryland, like most states, has parole expectancy built into its system. Also consistent with other states is Maryland’s use of various degrees of sentences: Maximum length; Medium length; Minimum length; Mandatory length; With parole; Without Parole; Etc.,

The parole system, as with many other laws passed by the legislature, operate under specific criteria, which has been tested and accepted by the judiciary. Until 1995, an area which should have been corrected was made painfully clear by the newly elected Governor. Messier Glendenings' administration mandated that there would be no consideration for persons serving parolable life sentences.

To date neither he nor his administration has offered any proof to support his position. He is, however, the Governor and his views must be considered. The Governors' position is that persons serving parolable life sentences are predators, and a danger to society, and that keeping them in prison is his answer to the crime problem. He has stated that he will not sign for the release of any parolable lifer unless they are very old or dying.

The Degree of Civilization in a Society can be Bridged by Entering Prison

Is the legislature the appropriate venue for challenging a defacto ex post facto amendment to Art. 41, 4-516, on grounds that it violates procedural due process of law, and imposes additional punishment without due process of law?

The philosophy of warehousing individuals until their release…is not practical, from a fiscal point of view as well as from a humanistic one. The reality is that 95% of all incarcerated people will be released back into the communities from which they came. The sensible approach has been abandoned intentionally by politicians who use the criminal justice issue as a political tool for seeking political office. Because of this trend, it has become necessary for concerned citizens to put forth a sensible approach, and that approach is to remove politics from the process.

THERE IS NO GREATER POWER ON EARTH THAN AN IDEA WHOSE TIME HAS COME

He stated in his State of the State address, January 1998, that ‘We have changed the policy, that life means life,' there will be no parole for persons serving parolable sentences.

In the interim, we (Lifers) have put forth some opposing views. Note, in the past, parolable lifers have been released on parole based on criteria established by the parole commission, and approved by legislature. (Their records will indicate that the vast majorities are now living productive lives in society, and that recidivism is less than 6% as opposed to 18% for all other groups.)

Until June 1993, parolable lifers progressed through the correctional system; maximum security, to medium security, to minimum security, then to work-release and family leave before being considered for parole. This process took years, sometimes as many as twenty, all depending on exceptional behavior before being approved for a lesser classification. (Mr. Richard Lanham, Commissioner of Corrections, removed lifers from the pre-release system following an unfortunate domestic incident.)

In a suit filled on behalf of the lifers, the Honorable Judge Motz stated "Hope and the longing for reward for one’s efforts lie at the heart of the human condition." "Their destruction is punishment in the profoundest sense of the word." (Cruel and Unusual Punishment)

Since Maryland has a statute of life without the possibility of parole as well as one with the possibility of parole, when passing sentence the judge has the option of which sentence to impose.

An Injustice Anywhere Is a Threat to Justice Everywhere. M.L.K.

If a sentence of life with parole has been given, that was the Judges' intent one would assume, so for Messier Glendening to take an opposing view, he has in effect created a unique class of individuals, POLITICAL PRISONERS.

It cost the tax payers of the State of Maryland 20-25,000 dollars a year to warehouse a lifer. In 1983 there were 819 persons serving parolable life sentences in Md., and today there are over 1800. In 1987 there were 12,342 inmates in the division of correction, today there are over 22,000. In 1987 the actual fiscal year expenditures were 281,482,836, the 1997 FY expenditures was 641,915,764. For Parolable lifers' alone it cost 45,000,000, and if current trends continues, before the year 2000 D.O.C. FY expenditure will surpass the billion dollar mark without effort.

Some little known facts on people serving parolable life sentences should help the reader understand the need for the requested relief:

Facts: Lifers are not eligible for parole before serving 15 – 20 years (less diminution credits) Md. Ann. Code, Art. 41-4-516 (d).

Facts: Maryland has a life without parole law. Art. 27, 412, and 413 of the code.

Facts: there are over 1800people serving parolable life sentences in Md., and over 100 without the possibility of parole.

Facts: Recidivism lifers is less then 6% as opposed to 18% for all other groups.

Distrust Anyone In Whom the Desire to Punish is Powerful
F.N. Questions Presented

Are prisoners serving parolable sentences of life in Maryland entitled under the statute to meaningful parole hearings, where parole is a real possibility; after they have served the statutory requirement of 15 years minus diminution credits?

2.

Do prisoners serving life sentences in Maryland have a 14^th amendment liberty interest in a meaningful parole hearing?

3.

Does a Governors directive to the Parole Commission, restricting it’s ability to carry out a legislative function, constitute a law for Ex Post facto purposes, where the directive enhances the sentence of a specific class of prisoners?

4.

Can a Governor through use of executive power issue directives to the Executive Department, directing the Parole Commission not to recommend parole for prisoners serving life sentences, who have met the statutory requirement of serving 15 years, by adding new requirements not contemplated by the legislature, under the State Constitution?

5.

Does Governor Glendening’s executive order to the Maryland Parole Commission, deny parole for inmates serving life sentences unless they are terminally ill or very old, constructively amend Ant., 415 –4-516, of the Md Annotated Code (where it increases the length of time lifer inmates serve before they would be seriously and meaningfully considered for parole) by adding additional considerations?

and that all he ever needed was an opportunity to succeed, and that everyone should be given that opportunity.

Al Wiggins: Al was incarcerated at the age of fourteen, and spent the formative years of his life behind prison walls. He took advantage of opportunities available to him in the prison system, and when released became a productive member of society. Al has been free for over twenty years, and credits his success to his strong belief in God. He owns his own business, A & G Handyman Services, and when not working, (which is sometimes 12 to 15 hours a day), he is in the Church. He is a member of his church, and actively participates in organizing programs and projects for the young members, and elderly. Al understands the importance of having a support system, and also having people that believe in giving a person another chance. He has stated, that he does not consider himself the exception, but rather the rule, because lots of people like himself, who have been incarcerated return to society and succeed.

There are two types of Laws

There are just laws,

And there are Unjust Laws

An unjust Law is no Law at all.
ST. A.

Facts: 1800 x 25,000 = 45,000,000 that it cost the taxpayers to warehouse lifers for one year.

Facts: From 1982-1994, 75 lifers were paroled 0.06% of the total.

Facts: 1982-1994, 1584 lifers were not paroled 99.25% of the total.

Facts: 1982-1994, 71 lifers died in custody, 0.69% of the total.

Facts: Blacks make up 73.8% of lifers.

Facts: Whites make up 25.3% of lifers.

Facts: There were 134 lifers in the pre-release system in 1993.

Facts: 57 Lifers were on work release, some working at skilled jobs, such as managers, supervisors, foremen, graphic artist, carpenters, cooks, telemarketers, etc.

Facts: 14 Lifers were in the family leave program.

Facts: 63 lifers were working in such pre-release jobs as maintenance men at Spring Grove State Hospital, Bowie State College, State Surplus Supply, BWI, Martin State Airport, Road Crews and at other state, county and city roads and buildings.

Facts: Almost all the lifers had served 20 years or more when removed from the pre-release system.

When profiled, persons who have served long term incarceration indicate less recidivism, and high success rates:

Mary Brown: Incarcerated since December 1974, 24 years. Ms. Brown has made substantial accomplishments since incarceration,

She has furthered her education, and participated in many self-help and social organizations. However, the parole commission repeatedly stated that Ms. Brown must be on work-release before she can be paroled. In January 1992, she was classified as pre-release security and transferred to a pre-release facility. In April 1992, she was approved for work-release, and while in the pre-release system Ms Brown did not violate any prison rules. In fact, she received recommendations for continued participation in the program. None the less at Ms. Browns parole hearing the parole commission denied her parole noting 'awaiting life policy.'

Walter Lomax: Incarcerated December 1967, 31 years. Mr. Lomax has made continuous progress since incarceration. He has also furthered his education, participated in, and also established a self-help organization for youthful offenders. The parole board recommended Mr. Lomax receive work-release and family leave before being considered for parole. In April 1988 Mr. Lomax started work-release, and in September 1988 he started family leave. He maintained this status until June 1993, amassing 54 successful family leave privileges and 5.5 years of work release. Mr. Lomax has also been recommended for parole by the full parole panel twice, each time being denied by sitting governors'.

Etta L. Myers: Incarcerated since 1977, 21 years. Etta obtained her G.E.D. and attended college at Anne Arundel Community College and Catonsville Community College. She has participated in self-help organizations offered in the division of correction. Prior to June 1993, Etta had progressed as far as she could through the correctional system. She had obtained work-release and received family leave, and also been recommended for parole on two separate occasions by the full parole commission, yet she remains incarcerated because of the political ramifications concerning prisoner release.

Glen Watkin: Incarcerated since 1972, 26 years. Mr. Watkins has been a model prisoner since being incarcerated. He has continued his education, and participated in the many self help programs. In 1985, Mr. Watkins was classified as minimum security and transferred to a pre-release facility. In April 1987, he achieved work-release status and began working, and in August 1988 he was approved for family leave. He continued in these programs until June 1993, when all persons serving parolable life sentences were removed from the pre-release system. Mr. Watkins has been denied parole by the parole board, the reason for denial…the Governors policy on lifers has not changed.

Leo Coleman: Leo an ex offender having spent twenty years of his life behind prison walls, has been free for over eighteen years. Leo admits that his youth was not without fault, drug addiction, crime, and prison, but once given an opportunity to succeed he has turned his life around. He is an active member of his Church, and lets God dictate the direction he takes. He credits his success to the church, and when not working at his job as a Conventional Plate maker, which pays 14.65 an hour, he assist with the church functions. He is active with the Senior Citizens, planning banquets and other activities for their enjoyment. Leo is a prime example of what an individual can achieve in spite of having the prison experience. He says that his freedom is the most important thing in the world to him.