No Parole Increases Mass Incarceration

It is impossible to turn the television onto the news or pick up newspaper without learning of the State’s government being forced to deal with the skyrocketing cost of California’s prisons associate with sentencing, health care and overcrowding. Especially with these tough times and the State’s budget being harmed by economic downturn.

This is the time to be open and smarter on crime and reduce the waste and counterproductive warehousing of nonviolent life term offenders. There is a growing consensus among prisoners, families, and community member and advocacy groups alike that we need to get a clear message across. There is something wrong with California’s Bureau of parole Hearing (BPH), repeated denials of parole for life term offenders who contribute to the overcrowding of the prison system, the financial woes, and faced with the injustice of a dysfunctional criminal legal system. What is the true cost in monetary support, to from communities and in human terms with the BPH’s biased policy of parole denial for the vast majority of eligible 45- to 65 years of age non-violent, life term prisoners (LTP)?

The average cost of incarceration for a prisoner over the age of 45 to 65, is a staggering $130,000 per inmate per year. The courts mashed it by calling it 25 years to life with the possibility of parole, but they are not letting these inmates out of prison after 25 years.

“Lifers are forced to die in prison over politics, not the law!” ~Willie B Thomas, CDCR, Prisoner 40yrs in prison.

“It goes to the question of whether we want sentences to be punitive and how to weigh rehabilitation versus punishment.” ~ Laurie Serfino, Law Professor, Pepperdine University.

Until the tough on crime 80’s governors came to power with “No parole Policy,” parole was routine for those sentenced to life with the possibility of parole that showed evidence of rehabilitation. Now do the life term prisoners have any rights, hopes or prayers to a term less than death within California’s Department of Correction and Rehabilitation, after 25 years in prison and 50 plus years of age?

Of California’s 166,000 prisoners approximately 20% (33,000) are sentenced to life with the possibility of parole. Yet 20,000 life term prisoners (LTP) are beyond their Minimum Eligible Parole Date (MEPD), some as much as twenty years, costing taxpayers literally billions of dollars. 20,000 x 138,000$= 2.8 billion in dollars, added to the State’s budget.

In the vast majority of the cases this is not because these lifers are not worthy of parole, but because the Parole board has become so politicized. The regulations guiding the BPH, suitability decisions (CCR, Title, Section 2281, 2042, and Penal Code 3041) assume that after the completion of the base term “A parole date shall normally be set.” The BPH has adopted such a narrow legal interpretation that prevents enforcement. Yet almost no life term prisoners, regardless of programming in prison, are granted parole at, or even near their MEPD. So the question is how many more LTP’s will be kept in prison past their matrix due to politics and not the law?

As a 50 year of age and a first time offender, who has been incarcerated for 25 plus years, for a 1986, crime; which I do accept full responsibility, with remorse and shame that I carry for my life sentence crime of the attempted robbery and murder at the age of 23. No, I was not the shooter, but still just as much involved, because I did nothing to stop it. I apologize and make amends daily to Mrs. Teruke Betty Canty, her family and especially my mother, family and friends for my irresponsibility and lack of consideration for the consequences of my actions. May I be forgiven by all. A MEPD in 2004 was given to me and with an assumption I would be released, by following a good program and rehabilitating myself, I maintained a spotless, non-serious behavior record and devoted myself to helping family, friends and other inmates, some who were there dying at the California Medical Facility (CMF) in the prison hospice program. This program is also one of the first of its kind in a prison system in this country. TO some I was a favorite caregiver to others a friend, but I was always willing to help anyone with a positive task. Giving a gift of love where angels often do not land, to those who needed help most. I offered my services with a big loving heart and a warm smile for many years. While working in the hospice program caring for dying imprisoned men; some living their last days broken hearted and discarded by family and society; giving aid was my metaphor recompensing for the life I submissively helped take. It was one of the greatest programs I had become involved with, before I, myself became ill over taken by thyroid cancer in 2004 and 2005. Knowing how it feels to be sick with no one, who will care and nurse you, I took pride in my duty to be able to be at the bedside of those ailing no matter the hours be it 24 hours a day 7 days a week, for someone like me, a human being. No one wants to die alone, as some here inevitably are forced to do so. All of that was really a life changing event, leading me down the path to becoming a model prisoner, man, NO!, Human.

Now it has become harder on life term prisoners to have faith in the integrity of the BPH and criminal justice system. A system that states “If you do this, that and the other, then a parole date shall normally be set,” then you stand before them and time after time a date is never set. This causes erosion of faith in fairness with the BPH due to the severe disparities with their narrow legal adoptions and devious interpretations that prevent the enforcement of penal code 3041. Even now due to a 2008 Marcy’s Law, one can only appear before the BPH, no less than every three years and that is if and only if you are not denied the minimum period and bequeathed the five, seven or fifteen year denial period, where most will just give up on life outside or inside prison walls.

I have been in front of the BPH, three times and each time praying that this time I have done enough to convince the panel that I am innocuous and should be found suitable and released back into society. While having a clean prison record, a job lined up upon release, a place to live and multitudes of letters of support seeking me being paroled.

My third appearance for the parole suitability hearing was October 2010 and like the vast majority of every other life term offender, I was filled with hope and trepidation that most LTP share.  That maybe just maybe, this time I will express myself in just the right manner, speak the correct words from the bowels of my heart, all while demonstrating my guilt, remorse shame and the new epiphany found for my life, so that this BPH would now grant me suitable to be released on parole. Oh the trepidation, only because it seems no matter what one says, how eloquently they speak from the very heart of the soul, the BPH members decision has already been made premeditated if you will, as to not grant one suitability finding to make one eligible for release on parole. This BPH not only denied my freedom for a third time, but laid upon me a five year denial period to return, even though my prior two BPH hearings granted me three year denial period. They are in no way using the judgment of King Solomon. With a positive character, my head held high, and tears in my eyes as I prayed with faith in my God to help me stand firm with courage, love, hope along with the many family members and friends that that day would not be the end all. We would now have to seek a judgment in the courts for our relief of the “No Parole Policy.” One has to dare to struggle to dare to win.

I have done everything humanly possible that I am able, given my current condition cripple and wheel-chair bound. I have programmed successfully, having only one serious rule violation within 25 years, which was 16 years ago. I have complete several vocational programs, so I can be employable upon my release, even now being disabled; I have participated in all the available self-help groups and become an extravagant self-taught artist. (See Shuja’s art at www.FreeD.S.J.com).

At this moment California’s 2012 State budget finds funds for realignment of the prison system, Governor Jerry Brown puts forth a ballot initiative to raise taxes, while, slashing education, health care, welfare and whatever programs needed for societal success, CDCR budget remains the same to the tune of 10 billion dollars. Decision makers and legislators should use the statistical risk information from CDCR’s own study on recidivism to reduce the number of older life term offenders, as well as the recent study by American Civil Liberties Union (ACLU), of the “Mass Elderly Incarceration, At Americas Expense.” Instituting and making use of the opportunities for geriatric release would yield significant savings without imposing any increased threat to public safety. The implementation of the realignment that shifts responsibility and funding for non-serious, non-violent, non-sex offenders from the State to the counties, which can more effectively sanction and rehabilitate offenders.

Paroling life term offenders 45 to 65 years of age with 25 years inside would enable the State to safely reduce the prison population without resorting to a whole scale release of inmates from prison. Granting parole to some of these 20,000 life term prisoners who are pass their MEPD, 25 years in prison, plus 50 years of age would equal out on parole. This in itself would significantly reduce approximately 2.8 billion dollars from the State’s budget, saving the tax payers a piece of mind due to no tax hikes, and no added fear of public safety. It is a well-known fact that California’s bulging prison capacity are due to the amalgamation of tough sentencing laws, the fear mongering , prison officials with the help of the guards union (CCOPA), who intended to keep it that way.

Certainly, now, more than ever we need to raise awareness to be proactive, not reactive. Only in this way can we combat the many destructive fallacies and wide spread discrimination of life term offenders and improve prison conditions. There are solutions to the current state of unequal, unfair justice system that is broken. Now the pressure from the court to reduce corrections CDCR over expenditures must come to an end. Help us seize the moment of hope and opportunity, I know we can do it, with a great deal of compassion on this issue that cannot wait.

25 years in prison, 50 years of age, equal out of prison on parole. I know it is brave folks amongst you who will not condone inhumane and uncivilized treatment of any human being. If you are waiting to be invited into the struggle of a crisis that needs to be worked out, consider yourself invited and a certified VIP, but please those who are all talk and no action just be a follower of the cause and if for some reason you do not want to get involved, then move out of the way. Let us speak out, Let us be seen and Let us be heard, we will succeed.

25 years in prison, plus 50 years of age equals out on parole! (25+ 50= OUT!)

The power to help is in your hands,

Respectfully

Damon “Shuja” Johnson, LTP, CDCR# E-20385

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