Gratitude
As always, thank you for your continued support of CCJRC.
Graciously,
Christie, Ellen, John, and Pam
www.ccjrc.org
Colorado Criminal Justice Reform Coalition
The votes marked a significant shift from decades of tough-on-crime policies that burned through $1 trillion in tax dollars over 40 years, led to the arrest of 850,000 Americans for marijuana law violations in 2010 alone, and fueled the rise of deadly drug cartels abroad. But even as pot reformers celebrated their long-sought victories, the threat of a confrontation with the federal government loomed. Both ballot measures would legalize recreational marijuana use only for adults, and cannabis would remain a controlled substance under federal law.Colorado's Amendment 64 -- which won with 54 percent of the vote in favor, 46 percent opposed -- had vocal opponents during the run up to the election and many of those are sounding off in the wake of the unprecedented passage of the marijuana legalization measure. One of those opponents is Colorado Governor John Hickenlooper, who reacted in a statement:
The voters have spoken and we have to respect their will. This will be a complicated process, but we intend to follow through. That said, federal law still says marijuana is an illegal drug so don’t break out the Cheetos or gold fish too quickly.Cheetos and gold fish? LEAP's Tom Angell, for one, didn't appreciate the apparent joke the governor was making about marijuana users. "What an insult to the majority of voters who did not follow your recommendation, governor," responded Angell. "I wouldn't be surprised to see that comment bite him in the ass."
Huffington Post
After nearly 20 years and over $20 billion spent, California voters
have voted overwhelmingly to reform our state's draconian "three
strikes" law. The statewide ballot measure, Proposition 36,
delivered a two-to-one mandate (68.6%-31.4%) to close a controversial
loophole in the law so that life sentences can only be imposed when the
new felony conviction is "serious or violent."
Three strikes laws, often known as habitual offender laws, grew
out of the "tough on crime" era of the 1980s and 90s. Between 1993 and
1995, 24 states passed some kind of three strikes law, but California's
1994 three strikes ballot measure was especially harsh.
While the 1994 law
required the first and second strike to be either violent or serious,
any infraction could trigger a third strike and the life sentence that
went with it. Therefore, petty offenses - such as stealing a piece of
pizza - have led to life imprisonment for thousands of people.
Although 25 other states have passed three-strikes laws, only
California punishes minor crimes with a life sentence. In fact, 3,700
prisoners (more than 40 percent of the total third-strike population of
about 8,500) in the state are serving life for a third strike that was
neither violent nor serious. Because of its unique stringency,
California's habitual offender law has generated numerous legal
challenges based on the 8th Amendment to the U.S. Constitution barring cruel and unusual punishment.
Yesterday, voters in California put an end to one of the harshest and
least effective sentencing laws in the country. Proposition 36 ensures
that no more people are sentenced to life in prison for minor and
nonviolent drug law violations. In fact, implementation of the new law
will not only bring relief to petty offenders moving forward, but
inmates currently serving life sentences for non-serious, non-violent
crimes can apply for a new sentence. In these retroactive cases the
sentence can only be reduced if a judge determines that the individual
is no longer an unreasonable threat to public safety.
"Californians finally appear to be coming to their senses on the basic
question of who deserves to spend the rest of his or her life behind
bars," said Ethan Nadelmann, executive director of the Drug Policy
Alliance. "Locking up people for life whose only recent offense was a
minor violation of the state's drug laws never made sense in terms of
public safety, finance or morality. California at last is rejoining the
civilized world."
As California set the trend for the passage of 3-strikes laws across
the country in the 1990s, we are optimistic that the passage of
Proposition 36 will also set the trend for rethinking these reactionary
and costly laws in other states. California incarcerates more people
than any other state in a country that imprisons more people than in any
other country, with 25% of the world's prisoners, but only 5% of the
world's population. There is still a long way to go to dismantle the
mass incarceration industrial complex we have built in the U.S. since
Nixon declared the war on drugs in 1971.
The Denver Post
(It has recently come to our (CCJRC's) attention that the service we
use (Feedblitz) to send out our blog
The Denver Post
GRAND JUNCTION — When Robert Dewey's cellphone jangles in his pocket, Lynyrd Skynyrd's "Free Bird" is the ringtone.
Dewey
said it's just one way he has to remind himself that he really is free
after spending 16 years in prison proclaiming his innocence for a
gruesome rape and murder that put him there.
"It was like being
in a roomful of people, like, I am here and I'm yelling and you can't
hear me," Dewey told a classroom of criminal justice students Monday
evening at Colorado Mesa University.
His visit marked the first
time Dewey, 51, has spoken publicly about his ordeal in the town where
he was convicted in 1996 and exonerated in April.
Dewey
told the students — many of whom were still in diapers when he went to
prison — that his main message is that they should "look beyond the
cover of any book and read a few chapters."
Dewey is heavily
tattooed. His hair hangs below his waist. He is back to wearing the
biker leathers that were the costume of his preprison existence. And he
hasn't toned down the tough-guy talk.
"Robert's the same. He
hasn't changed a bit," said Steve Laiche, one of the attorneys who
originally represented Dewey and who continued to work on Dewey's
defense while he was in prison.
Laiche also teaches the criminal
justice class where Dewey spoke in a rambling, profanity- and
humor-laced question-and-answer session that ended with one student
handing him $20, others giving him hugs and handshakes, and some posing
for cellphone photos with him.
"How does it feel to be a celebrity," one student asked and got only a chuckle in response.
Dewey
was anything but a celebrity in 1994 when 19-year-old Jacie Taylor was
murdered. Her body was found in her Palisade apartment in a
neighborhood that was the epicenter of a growing methamphetamine
subculture.
Dewey was identified as a suspect based on the
changing stories of other meth users and on his suspicious and furtive
behavior. Blood on the Texaco shirt he often wore at the time was
identified as possibly being Taylor's based on early DNA tests.
Dewey candidly told the students Monday that the blood on the shirt was his — a result of shooting up drugs.
That
was proven to be true, and Dewey was exonerated after much more
sophisticated blood testing also showed DNA samples in Taylor's
apartment belonged to a man now serving a 40-year sentence for the
murder of another woman in Fort Collins. Douglas Thames, who also lived
near Taylor, is going to be tried for her murder.
Since shortly
after he was released, Dewey has been living in Colorado Springs with a
girlfriend he knew before he went to prison and her 8-year-old son. He
had back surgery a month ago to remove pins and screws that a prison
surgeon used to treat injured discs. A still ruddy scar slices through a
dragon tattoo on his back. He lives on $698 a month in disability
payments.
His focus has been on rebuilding an old Harley-Davidson
motorcycle because it was imaginary motorcycles that got him through
prison. He spent much of his time behind bars fantasizing about riding.
"I would picture myself walking down a sidewalk lined with bikes, and I'd pick one and ride away," he said.
Dewey
said he's not sure what he wants to do with his life now. Decisions
come hard because he had few opportunities in prison to make choices. He
"blows circuits" on something as simple as picking food from a menu,
much less choosing a career after he received no training in prison
because of his "lifer" status.
Dewey may be telling his story next to the Colorado legislature. Several legislators are working on a measure that
would give compensation to the wrongly convicted who are exonerated
based on new DNA testing. There are 23 states that offer such
compensation.
Nancy Lofholm: 970-256-1957, nlofholm@denverpost.com or twitter.com/nlofholm
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©2012 CCJRC 1212 Mariposa St. #6, Denver, CO
80204
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The Huffington Post
The nation’s first privately owned prison could be under fire after
an audit report released last week by the Ohio Department of
Rehabilitation and Correction (ODFC), revealed the prison has failed to
meet state standards.
The Ohio Correctional facility, formerly a state prison, bought by
the Corrections Corporation of America, (COC) was cited for 47
violations according to the audit report. The nature of the violations included quality of food, hygiene and sanitation among many others.
City Beat described the sub-standard conditions of the prison in a recent article.
The report says “there has been a big staff turnover,” and only one
staff person was properly trained to meet Ohio Risk Assessment System
standards. The audit found that a workplace violence liaison wasn’t
appointed or trained. Inmates complained they felt unsafe and that staff
“had their hands tied’” and “had little control over some situations.”
The local fire plan had no specific steps to release inmates from locked
areas in case of emergency, and local employees said “they had no idea
what they should do” in case of a fire emergency.
The report described overcrowding in the prison, as inmates in double
bunked cells had an additional inmate sleeping on the floor.
Additionally, the sizes of the inmate cells are smaller than the
required measurements and some single inmate cells housed two inmates.
The Associated Press also reported "auditors found mildew in showers and
an unmarked urine specimen on a desk. It says inmates operated a meat
slicer with no safety guards."
What was perhaps the most disturbing violation, were inmate claims
that laundry and cell cleaning services were not provided, recreation
time was not consistent as required, food quality and sanitation
standards were sub par. According to City Beat, CCA could not provide
documentation to prove otherwise.
States like Ohio, who are strapped for cash have in recent years
embraced the extra income that comes with peddling prisons to companies
like CCA. Although it may take the financial burden off the state
budget, reports show that it actually costs more to run a private prison than a state run facility.
A life of panhandling on the streets of Denver is brutal, boring and soul-crushing.
Many
of those who do it are long-time substance abusers, caught in a vicious
cycle: You wouldn't stand out there 12 hours a day unless you
desperately needed heroin, and then only another dose of heroin would
get you through another 12 hours.
Angel Gamboeck was one of those
stuck in that terrible, seemingly endless circle, for much of the past
two years in Denver. A young, once-promising girl from the Wisconsin
heartland, she ended up here after a failed move West to seek a new life
with her boyfriend.
On Denver's streets, Angel lived her life in a series of $15 increments. She'd "fly a sign" for money along the city's busiest
streets, and buy more dope as soon as she'd
made enough for the next dose. Most overnights were inside or next to a
trash bin near 11th and Osage; dawn meant a "wakeup" shot of heroin and a
long trudge back to a begging corner. Beginning Sunday, the
Denver Post begins a three-day series based on Angel's trials on the
streets. For six months a reporter and photographer followed her,
documenting the harsh life and the everyday failures of addicts in the
thrall of a dangerous drug.
Westword
There was a time in the mid-1990s when Dorothy Rupert, then a state
senator from Boulder, made a point out of touring every prison in
Colorado. No easy feat, since at the time the state had the
fastest-growing corrections system in the country. "I was just appalled
at the rapid growth," Rupert recalls. "It took a hundred years to lock
up a thousand people in Colorado. By the mid-1980s, we'd tripled that.
People said that it was just keeping up with the overall population, but
that wasn't true."
By the end of the 1990s, thanks largely to harsher sentencing schemes and the war on drugs, Colorado's prison population had doubled again
and was approaching 20,000 inmates. And Rupert had become one of the
staunchest critics of the lock-'em-up mentality down at the statehouse.
Rupert left the legislature in 2000, but this week, she and former state
representative Penfield Tate will receive the inaugural Rupert-Tate
Game Changer Award at a fundraiser benefit for the Colorado Criminal
Justice Reform Coalition -- an organization launched in response to the
two lawmakers' pioneering efforts to put the brakes on the burgeoning
prison-industrial complex in their back yard.
In 1999, Tate and Rupert sponsored an audacious bill calling for a
three-year moratorium on prison expansion and the creation of a task
force to explore alternatives to incarceration for low-level offenders.
"It was something that needed to be talked about," says Rupert, a
Democrat who taught in public schools for 35 years. "The war on drugs
was just a heartbreaking experience for me, for some of my students, for
our country."
The bill didn't pass. "The prison industry has the same kind of
relationship with state legislators that the Pentagon has with
Congress," Rupert says. "There are all these heavy lobbyists, and the
fear factor is immense. A lot of people said they would love to support
me, but they just couldn't."
Yet the battle prompted some of the bill's supporters to build a
statewide, grassroots reform organization -- the CCJRC, which has gone
on to successfully push for major revisions in drug sentencing laws, parole conditions, and related issues.
The state's escalating prison population has leveled off in recent
years and even diminished slightly, leaving corrections officials
puzzling over what to do with a spare supermax and closing other costly facilities.
"The only good thing about being in a recession is that it has made
us pull back on locking people up in crazy ways," Rupert notes.
Rupert is 86 now. She no longer tours public and private lock-ups
with any regularity, but she teaches a class in democracy at the
University of Colorado at Boulder. And she's full of praise for CCJRC
and its executive director, Christie Donner: "I'm just so grateful for
their voices."
Donner's group feels the same way about Rupert and Tate, who will be
the first recipients of their eponymous award at the organization's
annual fundraiser on Thursday, September 20, from 5 p.m. to 9:30 p.m. at
Mile High Station, 2027 West Colfax Avenue. The event features dinner,
guest speakers -- including two former inmates now active in assisting
others in re-entry programs -- and a silent auction of trips, concert
tickets, cooking classes and other goodies, including a Scarabeo
scooter.
For more information or to purchase tickets, check out the CCJRC website or call 303-825-0122.