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News :: Miscellaneous |
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C-Number prisoners imprisoned for decades without parole guidelines |
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by benjamin evans
Email: b-evans (nospam) uchicago.edu (unverified!)
Address: Illinois |
05 Apr 2001
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The current rate of incarceration of 702 persons per 100,000 population advances the U.S. position as the world leader in imprisonment. Here in Illinois we have an opportunity to address this problem by supporting legislation to establishment clear guide lines for the parole of over 400 prisoners with indeterminate sentences, "C-Number" prisoners. |
Almost a year ago, on June 30, 2000, the number of people incarcerated in the U.S. increased to 1,931,859, according to the Bureau of Justice Statistics. The current rate of incarceration of 702 persons per 100,000 population advances the U.S. position as the world leader in imprisonment. Here in Illinois we have an opportunity to address this problem by supporting legislation to establishment clear guide lines for the parole of over 400 prisoners with indeterminate sentences, \"C-Number\" prisoners.
\"C-Number\" prisoners are those serving indeterminate sentences. They were sentenced prior to 1978, for an indefinite term of years (for example, 50 to 100 years). For the approximately 444 C-Number prisoners still incarcerated, their fate is entirely in the hands of the Illinois Prisoner Review Board.
Today, and for the last 15 years, they are routinely denied parole year after year, although most individual cases strongly indicate they should have been released many years ago. This is particularly true when they are compared to prisoners given determinate sentences after 1978 for similar crimes. While prisoners with determinate sentences know what their definite date of release is, C-Numbers do not.
Objective criteria which reflects who the prisoners have become in the decades since their incarceration should be used for evaluating parole applications (for example, accomplishments while in prison); \"Seriousness of the original offense\" alone should not be used to deny parole. State Representatives Delgado, Howard, McKeon and Flowers proposed legislation to do just that, but it never made it out of committee because of opposition from suburban Representatives who were afraid of appearing \"soft on crime\".
The vast majority of the 444 Illinois prisoners serving indeterminate sentences were either teenagers or in their early twenties at the time of their arrest. Consequently, this class of prisoners has served, at a bare minimum. twenty-one consecutive years of confinement within the Illinois prison system. These prisoners range in age from 40 years old to 73 years old and some are military veterans. A substantial percentage of these prisoners have earned Associate of Arts degrees, Bachelor degrees and Masters degrees, have acquired vocational skills and have been awarded various certificates.
The men and women serving indeterminate sentences are well respected by other prisoners, many correctional officers, prison staff and prison officials. These prisoners have a long history of doing positive things within the Illinois prison system, such as, becoming educational instructors and assistants, developing programs, being editors and writers of prison newspapers, mentoring to other prisoners, creating legal clinics, working as law clerks to assist other prisoners in their legal affairs, mediating conflicts amongst the prisoner population, encouraging other prisoners to take advantage of existing educational and vocational programs, maintaining a positive institutional adjustment in the face of harsh prison conditions, endeavoring to keep peace throughout the prison environment and striving to decrease the level of violence in prison.
Upon entering the Illinois prison system, it was communicated to prisoners serving indeterminate sentences, by prison officials and prison counselors, that their participation in prison programs would markedly enhance their chances for being released from prison. This explains why many of the prisoners became educationally inclined and compiled excellent credentials in the educational and vocational arenas.
Today, a vast majority of members of the Illinois Prisoner Review Board customarily vote against granting parole to prisoners serving indeterminate sentences, regardless of the magnificent educational and vocational successes, as well as commendable institutional records of so many prisoners. Given the anti-prisoner climate that permeates society, in all probability, the appointees of the Illinois Prisoner Review Board do not want to be viewed as being \"soft\" on crime, as they were deemed in the mid-1980s. Therefore, parole is routinely denied, and the Illinois Prisoner Review Board\'s function as the paroling authority is preserved. Statistical data of the Illinois Prisoner Review Board reflect a significant decline in the number of prisoners being granted release from prison from the mid-1980s up to the present time, and this coincides with the present-day get tough attitude on prisoners. Rehabilitating oneself was the \"order of the time\" when these 444 prisoners were sentenced to terms of imprisonment, but exemplification of rehabilitation is meaningless in the eyes of the members of the Illinois Prisoner Review Board.
The Illinois Prisoner Review Board is required to select from the factors listed below as reason to deny parole to prisoners serving indeterminate sentences;
(l).There is a substantial risk that he will not conform to reasonable conditions of parole; or
(2). His release at that time would deprecate the seriousness of his offense or promote disrespect for the law; or
(3). His release would have a substantially adverse effect on institutional discipline.
When denying parole, the Illinois Prisoner Review Board, on almost every occasion since the get tough attitude on prisoners gained popularity, cites the \"seriousness of the offense\" as the underlying basis of its decision.
Without question, the \"seriousness of the offense\" was definitely taken into account at the time of the trial court\'s imposition of sentence. While it is true that Illinois law permits the Illinois Prisoner Review Board to rely upon the seriousness of the offense factor in denying parole, this does not automatically translate into meaning that the law per se can withstand judicial scrutiny. For example, in the context of criminal law , a judge is legally prohibited from utilizing a factor that is inherent in the offense as a basis for imposing sentence, and by logical extension the same legal principle should apply to the Illinois Prisoner Review Board. Many prisoners who are still confined and serving indeterminate sentences are continuously being denied parole due to the seriousness of the offense, but the Illinois Prisoner Review Board, in the past, has granted parole to others serving indeterminate sentences in cases where the crimes were more brutal, the length of sentence longer, and the time actually served less. Could it be that misapplication of the seriousness of the offense factor has taken place? Arguably, all felony offenses are serious. Therefore, could the Illinois Prisoner Review Board be relying upon the seriousness of the offense factor as a means to insulate itself from claims of not objectively considering prisoners\' cases for parole?
The Statewide Coalition in Support of C-Number Prisoners is a growing movement of relatives, friends and loved ones of these prisoners, released C-Numbers and the general public who are all fighting together to get justice for these men and women. We are working with progressive elected officials to pass a new law to change the way the Prisoner Review Board deals with parole consideration for C-Number prisoners.
What can you do?Invite members of the Statewide Coalition in Support of C-Number Prisoners to speak at your school, church or group meeting. You are welcome to attend the Statewide Coalition in Support of C-Number Prisoners \'s Weekly meetings every Wednesday evening 6:30 pm. The meetings are held at 1279 N. Milwaukee, Suite 260, in Chicago. Call 1-773-874-7390 for more info.
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See also:
http://www.illinoispoliticalprisoners.org/
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