new campaign= your emails and letters needed

NEW: HELP OPEN PAROLE with your support letters and emails to Parole Chairman TATE! Starting September first 2021,we will be posting stories and documents of prisoners asking for support letters to Parole Chairman Tate for their upcoming hearings and Tate's review. Their documents will be here to provide proof of statements made and we ask that readers consider helping by writing or emailing the chairman. Before I started this work , I wrote regularly for Amnesty International- they would send out stories of those needing support in struggles against foreign totalitarian regimes and it helped. Now we can do the same here for a for people entombed in a system that destroys them , their communities and families- ALL COMMISSION DECISIONS ARE REVIEWED BY THE CHAIRMAN and he does overrule, so you letters can make a big difference. please help. Peg Swan, Founder, Forum for Understanding Prisons ( FFUP),a 501c3 non-profit,

Friday, October 15, 2021

Update on the Old Law Freedom Campaign by Ben Turk

Update on the Old Law Freedom Campaign
written in 2020, soon to be updated

by Ben Turk

Since Governor Evers appointed John Tate II to replace Daniel Gabler as chair of the parole commission, many people sentenced under the old law and their families and loved ones have been cautiously excited. The election of Evers and appointment of Tate, a former social worker and Black alderperson from Racine held a promise of long awaited release.

Under Daniel Gabler—who is currently a Milwaukee county Judge seeking re-election on April 7—parole releases had diminished to almost nothing. Unfortunately, John Tate II has thus far been unable to restore the parole commission to its original purpose: releasing people from prison who were ready to return to society. By attending monthly parole commission meetings, corresponding with incarcerated people, and networking with other advocates, Forum for Understanding Prisons (FFUP) is working to help everyone understand why.

OLD LAW PRIMER- and how we got this way



BELOW: WHAT IS AN OLD LAW PRISONER?
A PRIMER

A short Q & A
scroll down to find:

1)what is an old law prisoner
2)As taxpayer why should I care?
3)How do I know these people are no longer  dangerous?
4) AS human being why should I care?
5) How did we get here?
5) What is the solution? What is Second chance And FFUP proposing?

1)What is an Old Law Prisoner?
 Short Version: We have around 2500 prisoners who:

 •  WERE sentenced before 2000, all are over thirty  many are elderly and most pose no threat to the public.
 •  CAN prove themselves rehabilitated and ready for release.

•  ARE ELIGIBLE for parole, all have been for years, some for decades

 •  ACCORDING to the law of that time, they were eligible for parole at 25 % of sentence

 •  have been kept in prison through the use of unwritten contradictory rules

                               


2)As taxpayer why should I care?
For the first time in history , Wisconsin taxpayers pay more  for prisons than we do for our whole university system . Many of us old timers went to college for around 500 dollars a semester now students are saddled with thousands and thousands of dollars of debt for the same education. We used to support our schools.

you are paying around 30 thousand dollars per year per old law prisoner, most  of whom have long been ready for release.

note: all old law prisoners are over 30, over 1000 prisoners are over 55, creating a crisis of the aged in prison. Prisons are built to house the young and healthy. Conditions for the elderly are inhumane. We are responsible for what goes on in our prisons as we do pay for them. 


More of the consequences of  No Parole Policies
examples and stories clarifying each of these points coming.

a) Mission of rehabilitation has been abandoned in favor of warehousing
b) Overcrowding and understaffing makes dangerous conditions for both staff and prisoners
c) No treatment for the mentally ill, little programming and treatment for others. 
d) The irony of holding rehabilitated Old law prisoners saying they present a "risk to the public" is this: 
Prisoners who came into the prison after 2000 are called "truth in Sentencing "
or TIS prisoners. They are often released to the streets without any training or treatment. The courts do not mandate it and for many, even if they beg for treatment, there is none available to them. How does that make us safer?
e) For the first time in history we spend more on prisons than on our University system. We used to support our schools and no longer as the mountains of student debt our kids now hold testifies. Yet the DOC is not rehabilitating and is not making us safer.

3)How do I know these people are no longer  dangerous?
three points:

ONE) Studies show that most non corporate crime is committed by people under thirty. Period.  Below is a recent and incredibly detailed study by the ACLU that went state by state to get data and found that after 30, the percentage of prisoners to reoffend  was 6 %, after 55 it dropped to zero. This and studies by the FOB and other organizations  showing similar findings  need to be given much consideration when deciding whether and elderly inmate, once violent, is still a danger. People change. All old law prisoners are over thirty (crimes committed 15 plus years ago) and about a third of our nearly three thousand old law prisoners are over 55. Many are fathers, grandfathers.  
Crime Declines Precipitously With AGE for ALL Crimes    Research has conclusively shown that long before age 50, most people have outlived the years in which they are most likely to commit crimes. Even when examining data on arrests that may not lead to conviction or indicate guilt, this holds true. For example, the figure below shows the percentage of individuals arrested nationally by age in 2004. Less than6% of individuals ages 30-34 were arrested ( nearly 14 % for 19 year olds), whereas a little over 2% of individuals ages 50-54 were arrested and almost 0% of those age 65 and older were arrested. This trend of decreasing crime rates from adulthood to old age has held constant overtime, as shown by the 1979 arrest curve

TWO) Before 2000, when truth in sentencing came in and funds for treatment and education were cut, these old law prisoners had access to good treatment and education programs. PELL grants funded college degrees for many of these prisoners and some have multiple degrees going to waste. We propose a program that will allow the release of those prisoner who can prove they are ready.  In the present system old law prisoners do not get paroled until a few months before they have to be released by law or at that date, called MR date. For prisoners who were given a life sentence, which at the time of sentencing meant release after 13 1/2 years if the prisoners was rehabilitated. They system worked before 2000 and can work again, providing safe release of those who are ready.  Most old law prisoners are father or grandfathers who want to be home with their families and are sorely needed. 

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.



4) AS human being why should I care?

Big questions, we will start with some studies, will continue the discussion later
1)The  moral & financial crisis caused by incarcerating too long
At America's Expense: the mass incarceration of the Elderly1212 in depth study click to view



Human Right Watch, HRW Old in Prison, 2012 study
click view pdf file



b) Devastated communities among minorities and the poor caused by overincarceration and targeting of minorities




                                      Black Imprisonment, a study by UWM/click to view






2012 From: THE EFFECT OF CHILD SUPPORT AND CRIMINAL JUSTICE ON LOW INCOME FAMILIES” by The Center on Fathers, Families, and Public Policy, CFFPP ;www.cffpp.org
 In Dane County, Wisconsin, arrest rates for African-Americans have been shown to be 35 times those of white residents. While arrest rates have soared generally, they are staggering for minorities… One-third of African-American males will spend some part of their life in jail compared to one in 20 white American males. When arrests for drug offenses are broken down by race, the disparity becomes yet more evident. In 1999, African-Americans represented 13% of monthly drug users in the United States, but 35% of those arrested for a drug crime, 53% of drug convictions, and 58% of drug-offender prisoners. The study notes remarks given during focus groups:
“You going to go to jail. It’s just like a scientific fact. I mean, you’re jail-bound when you come across the border to Wisconsin.” “You come to Madison on vacation, and leave on probation.”

5)How did all this Happen? How did we go from 7000 to 22 000 prisoners in a decade? 
evolution of a stuck system was no accident. View report on pdf file:https://ffupstuff.files.wordpress.com/2016/01/evolution-of-a-stuck-system-no-accident.pdf
the story of Governor Thompson, 1994 And 21 billion in federal dollars. 

We went from 7000 to 22 thousand prisoners and almost total corruption stems from that .
   
historic documents Tommy Thompson's memo 1994
US Department of Justice to the then secretary of DOC



Thursday, October 14, 2021

Clear the parole backlog! by George Cooper



George Cooper sent us a suggestion for clearing the Parole Commission's backlog of deferrals. We forwarded his suggestion to Chairman Tate with a brief introductory letter. George gave us permission to share the letter.

If you like George's ideas, drop him a line sometime!

George
E. Cooper #148394
P.O. Box 938 (OCI)
Oregon, WI 53575





Dear Chairman Tate,

After sending notes from recent parole commission meetings to people incarcerated under the old law, I received the following suggestion from a man named George Cooper.

Previous parole chairs used to send out Pre-Parole Investigations and Parole Grants in the mail. You have a list of names of those who are actually ready now to go home today but due to back log and things done by commissioner LaCost, they are just sitting holding up space and adding to the back log.

Wednesday, October 13, 2021

waiting and asking for deportation


 ORDERED DEPORTED BUT 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 back to their homeland upon release. Why are we holding them? Families are waiting for them in their own country. 

Sonniel R Gidarisingh 287108 WCI; PO Box 351, Waupun, WI 53963


Sonniel Gidarisingh

From 9 28 2021 letter

I have a life sentence, I request Executive Directive 31 relief for deportation only. I was given a life sentence for a  self defense act, I am requesting parole for deportation only. I have been incarcerated for over 24 years.  April 2022 will be 25 years I am in prison. Link coming:: 8031 petition of October 2020

PLease help alert the public. I was given a life sentence for defending myself against criminals who came in a private residence to rob me of drugs and money and they labeled me falsely as an opposing gang . The key prosecutor's witness testified that the two victims tried to rob me for drugs and money and they tried to attack me when I shot them.

See criminal complaint ,hearing Transcrips and  trial transcripts of Robert outlaw.(links Coming) He was the prosecutor's key witness. “The two victims were very boozy and James Moore. They came into a private residence to rob me for drugs and money I didn't have and they labeled me a GD which is an opposing gang enemy to them they were vice Lords. I am not into any gang. They tried to physically attack me and I shot him in self defense.  The judge acknowledged that of two victims was coming after me in a combative way when I shot him and he was considering giving the jury lesser included advanced offense instruction. This is included in trial transcripts. I did not send that.  

I also did the compass test this test is given to inmates and see if they will reoffend I score a low in all areas of reoffending. I did not add this in the 8031, but I sent all of this to Lieutenant farms Milwaukee DM, Mr Chisholm, Mr Josh Kahl.

 I had three inmates jumped me because of my case in GBCI. Three inmates that were Vice Lords gang. They jumped me. I reported this to security and they did nothing, then I was locked up on  AC for years. Security filed false criminal charges against me.

           
   

Juan Navarro, wrongly convicted, has served over 40 years .
Juan Navarro

SEE Juan's asking for action now:

   He is 72, has had a stroke and surgery and has been eligible for parole since 1993. Juan had two witnesses who testified that he was attacked by a man with a knife and he shot in self defense. But  he was convicted anyway and ordered deported. And again the system failed him: because we have no treaty for deportation with Mexico, he has been buried in maximum security prisons in WI for 40 years.  His  niece waits for his release and gladly offers him a home and the support he needs .

Wendy Mann-Flores, Juan's Niece

   

We find that those wrongly convicted have the hardest time in prison= the daily humiliation and abuse is especially hard on those who feel they should not be there at all.  And for Juan, who did not know the language well, it has been especially hard. 








JOSE FUENTES 309759;
SCI ;100 Corrections Drive; Stanley, WI 54768

 
Jose Fuentes
Jose Fuentes is one of many WI prisoners who were ordered deported by the judge upon release from prison. In 2005 Jose had a teleconference with a Federal Judge in Chicago where he issued a deportation order to go back to Mexico. Jose was sentenced in 1995 and has served 23 years of a 40 year sentence. He could have gone home 10 years ago, for pre 2000 statutes say he is eligible after serving one quarter of his sentence.
     In his own words:” I have completed all of my required programs.I have seen the Parole Board 8 times, and each time, instead of discussing the deportation order, I am told that they want me to serve more time.
       I have the love and support of my entire family who have written several letters over the years to the DOC expressing their support. My sister has a kidney disease and has to go through kidney dialysis every week and I want to give one of my kidneys to her. My father is 80 years old and his health is failing and he needs me to help with the farming."
But after doing everything the DOC has asked of me, it never seems to be enough. When is it time to give up?
And here are his final words to us and we think we should heed them.
"Mr. and Mrs. taxpayer. What about the incarcerated undocumented immigrants? Do you know that you are still footing the bill to keep them incarcerated long after they have finished all their required programs and long after a Federal Judge issued orders for these inmates to be deported. These immigrants should be deported out of the United States and no longer be a threat to society. Instead of deportation and saving Wisconsin taxpayer money, the Department of Corrections and the Parole Board are keeping them incarcerated to serve their entire sentence. Again, to fuel the Wisconsin prison industry and a big waste of taxpayer money."
Like the next prisoner, he wants to be deported, is eligible to be deported. He is rehabilitated,his family is waiting.Here is Jose's blogpost

           

JOSE GARCIA 305468 SCI 100 Corrections Drive; Stanley, WI 54768
           Jose Garcia is another prisoner in a miserable position.
Jose Garcia
He is a Colombian citizen and has been incarcerated , separated from friends and family , for 20 years. His sentence was 72 years and he had his first parole hearing in 2013. His crimes/convictions were very serious – attempted homicide, reckless injury, second degree sexual assault, false imprisonment and he states over and over again that he takes full responsibility for his crimes. He has taken every program he can and participated fully wherever he is allowed but the prison will not let him take certain required programs until he is 3 years from his mandatory release date which means he will have served 45 years before he is allowed to take basic programming when he was eligible for parole in 2013. He has all the friends and family back in Colombia to support him. Jose Garcia’s explanation is more eloquent:
         “Throughout my incarceration, I have, and continue to request to participate in any and all programs which will assist me in dealing with the issues which have led to my incarceration. I have been consistently denied.
           As I am to be deported to Colombia upon my release from prison, despite the current policies which allow inmates to be deported prior to their release, I have been denied such opportunities. As the process is explained, the Department of Corrections is the final authority to approve the early release and immediate deportation, and without reason, I have been denied such opportunities.
          I cannot say it enough, I take full responsibility for my actions, yet, believe I am being unjustly denied the legitimate opportunities to prove myself and no longer be a burden to the State of Wisconsin.
         Specifically, if I am eligible for parole, as I currently am, how is it I am denied due to the fact I have not completed the required rehabilitative programs, when such programs have been continuously denied by the Department of Corrections? How can I be denied due to insufficient time served, when current laws has permitted for review for early release? If such laws provides for me to be deported prior to serving my sentence, why not allow me to return to my country of origin? Is their any fiscal or ethical way to justify keeping me in this State, costing the average taxpayer 30,000 a year when Colombia will accept me back, as one of their citizens? How can I be of any threat to the citizens of Wisconsin, when I am deported?
           I understand the need for justice and to protect Wisconsin residents, yet, how is this accomplished by not providing the programs it requires of me, or refusing to allow me to return to my home country?

           I humbly ask for nothing more than what the law provides, I ask to either be allowed to take the rehabilitative program required of me or allow for my deportation.” 


 Lene Cespedes Torres 122605:note: high hopes for release this Fall/ will live with friend/supporter
NLCI Box 4000, New Lisbon, WI 53950

Lene came here at 16 on the Mariel Boatlift and lied about his age, changed his name from Lenin to Lene. He knew little of the language and  was convicted of murder soon after, in 1981. He has always maintained his innocence and has been a model prisoner. In his case, with a life sentence, he was eligible after about 13 years- since 1994- AND the judge ordered deportation upon release.
His family awaits him in Cuba.
Lene Cespedes- Torres


He is a fine poet and wonderful artist.
Here is his blog:




Jose CMeraz 406884 WSPF
I got sentenced to 20 years in prison for selling drugs back in
 2000. Of the 20 years I have 23 months left. In a few weeks
Jose Meniz

I'm going to file for me 85% .If I get it, I would be getting deported  back to Mexico. I was 18 y ears old when I came to prison. the  judge that  sentenced me gave me boot camp,or minimum! I was in medium custody for 10 years. I got a ticket and that sent me here. I got okayed to medium custody 9 months ago but it is taking a long time to get to medium because of the over crowding  of the prisons.
https://ffupcases.files.wordpress.com/2019/01/jose-meraz-deportation.pdf




Edgar Montano 612191 NLCI( BD 1985)

edgar  montano

1. Name and Number: Edgar Montano #612191
2. Birth date 1984(BD)/Age Now: 34
3. Date & age at incarceration: 07/21/2012. 28 years old
4. Years in prison: 7 years on July 21, 2019
5. Offense description: 
1) 940.10(1) Homicide by Negligent Operation of a Vehicle 2) 346.67(1)1051 Hit and run - involve death 3) 940.09(1)(A)1011 Homicide by intoxicated use of vehicle 4)346.67(1)1101 Hit and run- involve injury
6. Length of sentence: 15 years and 9 months
7. Current Prison: New Lisbon Correctional Institution
8. MR/PMR Date:01 -13-2028 04/13/38
9. Original parole eligibility date: N/A
10. Programs taken: Certificates on Employability Skills. 36 hour of AODA/Anger Management, Computer Basics, Basic Skills for Improvement, Multicultural Awareness: Valuing Diversity. Book Club. Transition to Success. Stress Management, Critical Life Skills and fork lift truck operator
11. Number of parole hearings/number and length of deferments:N/A
12.Official reason for denial/deferment: N/A
13. Do you have a verifiable support system? (Release support needs): Yes, family member
Juan Montano I can live with him or my mom and I -work on Auto Repair shoe as a mechanic. I have a certificate on Auto Maintenance Service Technician

To: Governor Tony Evers, his transition team and staff:
I understand you looking for candidates to release from Prison, I believe I am a good candidate. I arrive to Wisconsin when I was 16 years old in February 2001, from Mexico. I went to high school, college, and I had my own Business, and I've always payed my taxes. And this is my first incarceration, I do not have a criminal record, except for what I am here right now. And also I have a ("ice") detention, so I'm going to get deported to Mexico. Since the prison are overcrowded, and if I get deported sooner than later you have created a space and save money. During my time of being incarcerated I've taken a number of treatment programs. I've taken responsibility for myself, and I'm ready to make the best of any opportunity you might offer me and my conduct is been good, I did not received any minor or major conduct report since my initial incarceration, so this tell a lot about personality, and I believe on 2nd chance!
Sincerely,
Edgar Montano
3-20-2019

Roberto Hinojosa 

158545 RGCI
PO Box 925
Red Granite, WI 54970
  ORDERED DEPORTED. Wants to go home.

Here is the form you sent me and your information and any details about my crime or I was deemed to be deported from a conviction based on circumstantial evidence. I was convicted on circumstantial evidence based on what an inmate in jail said I told him-no physical evidence, no gun, no bullet, no DNA of any kind-No place of crime, no times and date of crime.

Birth date (BD) / age now: 05-13-61 - 57
Date & Age at Incarceration: 22 years
Years in prison: 35 years
Offense description: 940.01 First Degree
Length of Sentence: Life-based on 20 Current prison: Redgranite Corr. Inst.
MR/PMR date: unknown
Original parole eligibility date: 01-05-96
Programs taken: HSED, culinary arts,
 Number of parole hearings: 15
Official reason for denial/deferment:
 Do you have a verifiable support system? Yes, mother's home in Mexico.
Statement (couple paragraphs)
          At the time I was convicted the life sentence was based on 20 years less good time earned which left 11 yrs, 3 mo. The law changed in 1983 under 1983 Wis Act 528, 1987 Wis Act 412, 1995 Wis Act 48 = Wisconsin now has 3 different options of a life sentence. The D.O.C applies new law to prolong incarceration.