2009/11/05

State Supreme Court tosses one suit following inmate's death

Nolan Klein's sister says fight far from over
By Geoff Dornan
(email)
Article in: Nevada Appeal

The Nevada Supreme Court has dismissed an appeal because the inmate who filed it died Sept. 20.

Nolan Klein died of a blood disorder after serving more than 20 years on a rape conviction. He maintained throughout the trial and incarceration he was innocent.

His death, however, did not end two federal court civil actions that U.S. Magistrate Robert McQuaid ordered to go forward last week. Nor did it end his appeal in the 9th Circuit Court charging ineffective assistance of counsel during his original trial.

The state court action was filed after a district court rejected Klein's complaint the Parole Board illegally reinstated a sentence he had already been paroled from. The high court dismissed the petition as moot following Klein's death.

The first federal court action still moving forward charges Klein's First Amendment rights to religious exercise were violated and that he was improperly denied necessary medical treatment for the blood disorder which his sister, Tonya Brown, says caused his death.

The other federal court action still in process seeks damages charging the state failed to give him a parole hearing state law entitles him to for more than a year.

The 9th Circuit appeal is being challenged by the Nevada Attorney General's office as moot now that Klein has died. But Brown said if they can show counsel was ineffective, it effectively clears her brother's conviction off the books.

Finally, she said, she may ask Washoe District Court to throw out the conviction because files she received from Washoe County in June include evidence pointing to the possibility someone else was the rapist in the case. That evidence, Brown said, was withheld 21 years in violation of an order that the Washoe DA turn over all evidence in the case to the defense.

She said Tuesday that the Pardons Board has also been asked to include Klein in its November agenda for exoneration based on that evidence.

2009/10/26

Nevada Accountability

Taken over from Nevada Prisoner Voice

By Jeremy A. Crozier

As my endeavors for prison reform rarely support the common politics of inmates, corrections officers, nor that of politicians in the Great State of Nevada, I have exceedingly attempted to remain silent upon the incidents within the Nevada Department of Corrections, which concern specific individuals; regardless, of those incidents, circumstances, and events either being of an inmate upon inmate, correction officer upon correction officer, inmate upon correction officer, or of a correction officer upon inmate type of incident, and their endless sense of dedication for marring each other that they have.

However, in regards to the blogs that were posted upon the Ely Times message board (in right top corner of screen) on the date of July 15, 2009, by "Local Boy 76," and Abaltar, some words of a "worrisome nature" were exchanged that should be of an imminent concern and distress for all State of Nevada citizens.

For example, for Local Boy 76 to make the statement, "What a load of verbal diarrhea from a waste of life," should serve to show us as a society, and in great detail, the low and poor expectations that we currently have for the inmate population in the United States. As studies, history and experience have taught us over the last 60 years in this country, criminals and crimes are not only problematic to those individuals in the community who have been a casualty of an offense, nor to those individuals who have become another number in yet another statistic, but for all members of society.

As a result, should the members of society not therefore raise their expectations and demands for our nation's prison systems? Even despite the times that one may feel justified in calling an inmate a "waste of life," or "beyond rehabilitation," and have misconceptions that, "people at Ely State Prison (ESP) are mainly there for life, get pampered, or get more than people on welfare," as Abaltar wrote, the actual fact persists that less than 2% of the inmate population in the State of Nevada will abide behind prison walls, and will never be released from the Nevada Department of Corrections.

In addition, that percentage continuously decreases as the courts in the State of Nevada has the highest conviction turnover rate under the appeals process in the United States. Thus, the majority of inmates in the Nevada Department of Corrections will, in fact, be returning to society, and into your communities.

In light of this, we must learn to stop our petty name-calling, trivial bickering, uneducated assumptions and misconceptions of luxurious pampering for "waste of life" inmate attitudes. We must become informed and educated and work towards accountability at the individual, public and government level. This is also the reason why I personally couldn't agree with Local Boy 76 and Abaltar more, when they spoke of there being far too many "Poor me, I'm the victim, and The crime I committed is better than that guy's crime," and "At least I didn't hurt nobody," amongst the many other abundant, ignorant rationalizations and excuses in the prisons today.

Furthermore, I agree that criminals should not be pampered, nor live in luxuries while they are incarcerated at the taxpayer’s expense. Far too long have I beat my head against a brick wall in metaphor trying to explain to others in prison, that there has never been any such thing as a good, better, or victimless crime.
There are some inmates who have failed to understand the true long lasting psycho-pathological effects of the crimes that they have committed in society, which were either directed at an individual, group, or the public through association.

As an example of victims through association of a crime, they may include a single woman who fears to go outside at night after a brutal assault, a husband who hesitates to leave his wife alone at home while he is away at work from worry after a neighbor's home was broken into, or a mother who lives in anguish when her children are at the school where drugs were recently sold across the street.
Some inmates have failed to realize that even though a crime may not be directed at an individual, property crimes, self-inflicted drug use, or indirect crimes still have long reaching and long-lasting effects upon the community.

For this reason, I would encourage all citizens in the State of Nevada to direct their attention, and efforts, not at one another, but rather to bring about full accountability for all individuals in the State of Nevada, from the inmate to the state politician.

For example, why have we not demanded accountability for why the Nevada Department of Corrections has ranked as the third largest profit-making industry in the State of Nevada for the past 30 years and only behind that of the gambling and mining industries, while we currently rank as the 48th worst performing state out of 50 states in America for education?

Why has Gov. Jim Gibbons and Nevada Department of Corrections Howard Skolnick, among others, continued to push for the funding of a new $220 Million prison and the State of Nevada cannot currently maintain a full pay rate for its corrections officers, or when rehabilitation programs have been proven countless times throughout the world to be twice as effective, but only half of the cost of hard beds, and to house inmates upon those hard beds in prisons?

Why has the crime rate per capita in Nevada over the past 10 years either decreased, or remained relatively the same across the board, but the prison system in Nevada has exploded fourfold in the same time period? Perhaps this is the reason why the Nevada Department of Corrections remains is the third largest industry in the state of Nevada.

Why did our Nevada State Legislature representatives negligently fail to ask Director Howard Skolnik the reason as to why, if his claims of overcrowding in the Nevada prisons are true, then how was it possible that director Howard Skolnick had an immediate 600 hard beds available in other Nevada prisons for inmates when the Jean correction facility closed, or another 900 hard beds immediately available had Nevada State Prison closed?

Furthermore, why has Director Howard Skolnick refused to ease the inmate burden upon Nevada county jails had all these hard beds been available as he made claims publicly to our Nevada State Legislature representatives during open meetings in January 2009?

Why has Nevada closed one of two drug rehabilitation programs within the prison system, known as "Wings" when 78% of all crimes committed in Nevada were either directly related, or influenced by controlled substances?

Why has the Nevada Department of Corrections closed its most proven rehabilitation programs known as the structured living program (boot camp) or the “Going Home Prepared” program? Yet, Director Howard Skolnick, Nevada Atty. Gen. Catherine Cortez-Masto, and Gov. Jim Gibbons continuously speak about Nevada's high recidivism rate for offenders? Are these not questions that demand accountability and our attention?
In addition, we must demand programs that serve all individuals and the community in Nevada such as the "Blood for Credits" program which offers good time credits off of an inmate's sentence for volunteering the donation of blood, which is in critical short supply in all the counties in the State of Nevada. Thus, serving to ease the prison population, providing a need to Nevada communities, the well-known medical crisis and easing the tax burden upon all Nevada citizens in the prevention of a new $220 million creation of a prison and continued burden and expenses of another prison in Nevada (look for the article "Blood for Credits," which will be published soon on Make the Walls Transparent.

In conclusion, there are many heavy burdens for all citizens in the State of Nevada, which are created by the Nevada Department of Corrections. While there is never any excuse for the commission of crime by anyone, nor the denial of justice to anyone, we must educate ourselves and inform others to the truths of the Nevada Department of Corrections among other agencies as to bring about the adequate and meaningful purpose of accountability in full, from the inmate to politician.

Should we continue to take the approach that some people will never reform, so why bother, then, as a society, we can never expect change in our state, local communities, and our prison population. We cannot continue to do what we have always done and reasonably, nor intelligently. expect different results.
Demand changes today through accountability.

Jeremy A. Crozier
77906
Ely State Prison
PO Box 1989
Ely, NV 89301

2009/10/25

To all who care: another open letter



by Coyote

(Taken over from Nevada Prisoner Voice)

These few humble words go out to the “Local Boy 76” and to all who care to know what I have to say and to all who would like to join in these open chats. Please, try to stay as open-minded as you can, because I know that most people in society have been taught to believe that all of us behind these walls are the ”scum of the earth,” but I'm just here to try to put things into perspective, if I can.

And I know people really don't know what goes on inside of these sunless cemeteries; they don't know about the effects of long-term isolation; about sensory deprivation; and they don't know about inmates assaulting officers, or about officers assaulting inmates; they don't know about the code of honor that the convicts live by, or about the gang bang mentality of a lot of these prison guards; they don't know about the barbaric nature of prison life; or about the racism, the stagnation, the deterioration, the gangsterism, the perversion and all of the crazy, sick and depressing things that take place in these graveyards, and how both the guards and inmates alike have to turn off their feelings and numb themselves daily just to be able to adapt and cope with the constant madness that goes on in this demented world of darkness; where there is no real love; no real hope; no incentive to try to do good; no programs; real medical care, treatment and no serious opportunities to reform; and where the quality of life is very low, causing things to only deteriorate and get worse and worse as time goes by.

So, for those who actually care, it is important to use sites like these to be able to air it all out, and hopefully to address some of these issues so that it can lead to positive results. Not only for prisoners, but for the communities that some of these prisoners will have to return to.

Well, in my previous engagement I tried to bring “Local Boy 76” (a former guard here at ESP) into the foray, to get him to really be honest and critical about things and to give him a chance to be a real hero and help us get to the root cause of why this place has the ability to turn even the guards into animals, and maybe to help inform the general public of the true nature of these prisons; and to examine the mentality of the prison guard and of the conflict; but it seems like he's more concerned with how many letters of commendation he's received while working at the prison, which he tries to make it appear that these letters of commendation make him out to be such an outstanding prison guard!

Well, I was curious about these letters of commendation that the big shot caller, “King of Ely,” Warden McDaniels likes to pass out to his faithful followers, so I asked about seven of these officers if they've ever received any letters of commendation from the big-time circus leader, McDaniels and every officer then I asked, except for two of these new guards still in training, said, “Yes.”
And when I asked them what did they get these letters of commendation for, some of them just shrugged their shoulders and said, "For working overtime and stuff like that." These letters of commendation don't seem to be very important to them, more like a "doggie treat" and a pat on the head than anything else, I guess for sitting, fetching and rolling over for the “King of Ely,” himself. So big deal “Local Boy 76”
So big deal "Local Boy 76,” you get some letters from the warden telling you how good of a suck ass you were. So what? That doesn't make you a hero, Man, so take your cape off and sit your goofy ass down in a corner somewhere.

And so you think I'm a waste of life, huh? I'm glad you can be honest and say what you really feel about me. I think your statement gives people a glimpse into the average mentality of the prison guard. I know a lot of guards (not all) think that all of us in here are worthless "pieces of shits” and I'm glad you could help me make this point. But more so, I'm really glad that you don't work here anymore! And I don't tell myself lies, "L. B. 76;" I just don't let people like you tell lies about me.

The truth is, I've had plenty of time to sit back and think about things, because believe it or not, I actually have a deep passion and joy for life but pushes me to really want to rise above all this degeneration, which drives me to just really sit back and reflect on my life, taking the time to slay my own personal dragons (which has been a real struggle!).

I've taken a good, hard look at my life, at life in general, at the system, and society, at love, relationships, family, everything, and believe me, I'm not disillusioned, by far. I don't claim to know it all, but I've been able to come to know myself and come to know my own conclusions of things.

In my previous letter I told it like it was, everything I said was real. Yet you came back and tried to discredit me again, by saying that if I keep lying to myself that I'll eventually believe the lies (even though you've failed to admit to lying yourself with your fictional story about my so-called assault of a female officer), but you provide no real argument to try to show how anything I said in my open letter was untrue, so you're just blowing hot air dude, talking out the side of your neck, with your doggie treat the letters, knowing damn well what I said was the truth, even though I was only just touching the surface.

You're sitting out there in the free world, on the computer at midnight, arguing with ladies like "Little Missy" and "Six Wheels," about a man in prison, and yet you have the self-centered audacity to call me a waste of life? Get real, Dude. Do something with your life, Man. You make these fake allegations of me being someone who caused problems all the time, failing to elaborate, trying to make me look bad. How do we know that your definition of causing problems isn't just me putting articles on MTWT, telling it like it is?

But if you want to get real, we can sit here and discuss things, if you want? If you want to pretend that nothing is wrong here at ESP and that overall nothing if any significance is going on here in this death camp, but then if that's true, then tell me why there have been about 60 officers in the last year who have either quit working here, or transferred to other prisons? And then tell me, in what other prisons in this country has a dropout rate of correctional officers as high, or higher than that?

And if nothing´s happening here, then why has the ACLU taken up a class-action lawsuit against ESP? Why have the Feds investigated certain doctors/medical staff that have worked here at this prison? Why did Lorraine Memory -- a real hero -- risk her career and more to write a 13 page declaration about the deaths, discrimination and the negligence that have all taken place here?

Why are there so many different lawsuits going against “The King of Ely” and his goons? Answer these questions, “Mr. Firm, Fair and Consistent.”

But no, I've never claimed to be an angel. I've gone through rough patches in my life, on a path of self-destruction. I've had my share of ups and downs, took my hits and kept moving. I still struggle to this day to keep my cool and to maintain my sanity in here. It has all been a process of self-discovery, of shedding my whole skin, finding my innocence and coming into my own. I can honestly say consciousness is a savior, and not to mention that I've had to be a fighter to even get to the point where I am now.

I see prisoners lose their minds in here, fall under, and break all the way down until they've lost their souls. I've seen the madness, I've lived this shit, and the cold part about it is, it takes a serious level of resistance to stay strong and persevere and to keep a shred of your humanity, but it's that same resistance that gets us in trouble with the prison administration and that keeps us confined to a cell for 24 hours a day for months and years at a time. So it's a Catch 22. There's really no way to win. You either let this shit break you, or you don't, but either way you lose. There's no real victories.

You hear about people in the world to gamble away their whole life savings. You hear about drug addicts who throw their whole lives away trying to chase that next fix, but then you've got people like me who could have one bad day and say fuck it all. It's been a struggle to overcome self-destruction, resist depression and come to grips with life all at the same time.

It's hard to care, when no one cares about you.

And that's the case for a lot of people in here. We had it bad before we came to prison, have it bad while in prison, and will still have it bad when we get out. Going from living in a cage, treated like dirt, and then thrown back into a world that makes no sense to you, as an ex-felon, with strikes against you, trying to learn how to live out there, it's no wonder people are scared to leave prison. These are things that people have to understand. These are things that need to be addressed.

I get out of here in three years. I don't want to get out and fail. I don't ever want to come back to this shit, but nobody ever really wants to come back, but it happens, it's a revolving door, it happens, people come back, and it‟s sad.
We've got to talk about all of these things. We've got to hear it from all sides. There's not just one side to this story. Everybody has a side of the story to tell, the victim, the offender, the guards, society, everybody has their own side of the story, and we can't forget that.

People who don't know me can´t really judge me, ´cuz they haven´t been through what I've been through, they haven't endured what I've endured, they haven't seen how this darkness turns people into monsters. All they know is what they've seen on some prime time television drama, they don't want to know the brutal realities of this horrific world called prison!

And until people start to look at things from all sides, there will never be any true understanding, and without true understanding there will never be any effective solutions to these problems, struggles and tragedies of society, poverty, crime and life.

For all those who care, I just want you to know that I'm here to help now, I'm here to raise awareness and to be a part of the solution. I'm here to pour out my soul, plant seeds of consciousness and to make a difference in my own way.
I've seen how this place, these prisons can turn a kind soul into a cold soul. I've seen what this madness does to a man. That's one of the reasons I'm constantly trying to make more people aware of how important it is to build true, solid relationships between the people on the outside and the people in prison who actually strive to rise above these heartbreaking struggles.

We've been placed in prison and separated from our families, separated from meaningful relationships with the only people in the world who care about us and thrown into a zone of war, deceit, violence, negativity, sadism, corruption, gangsterism, racism, addition and destruction, and then forced to learn how to sink or swim with the sharks and in the process of survival, become as heartless as the next man.

We've been thrown into these prisons, stripped of a sense of purpose, will and spirit and slowly we began to lose a sense of connection with life beyond these walls and we become more and more tuned into this barbaric world of predators, and as we become more and more tuned into this madness called "prison life" would become less and less tuned in to ourselves as we learn to numb ourselves and brace ourselves and endure loneliness, torment and all kinds of suffering: and then released back into society and forced to learn how to live there with the odds stacked against you. It's sick!

And until people start caring about us, and about what goes on in these hellholes, things will only get worse. We're not gonna be able to care enough about ourselves until people start caring about us, and that's real!

We need people to get involved in our lives in real and meaningful ways, because we have been exiled from society and placed in an even more hopeless environment, and we start to deteriorate and become even more antisocial until we get to the point where we feel we have nothing to lose and that's when we become reckless with our lives and we go all out, throwing it all down the toilet, and we are destroying ourselves and being destroyed while having to survive this profane existence. It's inhumane. It's madness.

For those who care, we need people to get involved in our struggles, in our lives, we need people to give us something meaningful to look forward to, we need love, support and guidance from our communities, our families, and from people who care. We need to have something real to connect to.

So "Local Boy 76," you can wave around your doggie treat letters of commendation, and put your cape on and tell make-believe stories of heroic attempts to save damsels in distress all you want, if that's what you want to do.

It doesn't matter what you do, because it‟s really not going to stop me from doing what I do. But I‟m asking you one more time, to get involved in something meaningful here. Help us expose the injustices and the inhumanity that takes place in this graveyard called ESP. It´s up to you, Man. You can be a real hero. You can do something real. You can

start by telling people how this prison has the ability to turn even the guards into animals. It´s up to you, “Local Boy 76.”

And with that said, I‟m opening up the lines of communication for anyone who has anything significant to say or who want to get involved. Let‟s air it all out, let‟s put it all on the table, let‟s hear it from all sides. Let‟s talk about these things. If you really care, then here‟s your chance to get involved in something positive.

In truth and with sincerity,

Coyote
AKA: “Local Prisoner 77”

P.S.
For letters of encouragement you can write me at this address:
Coyote Sheff # 55671
PO Box 1989
Ely, NV 89301-1989

2009/10/22

Article: Consultant begins review of parole ratings system

In: Nevada Appeal

By Geoff Dornan

Inmate activists put in their recommendations Tuesday for changes to the risk assessment system that ranks inmates for possible parole.

Consultant James Austin is beginning a review of the system that is designed to give parole board members some factual material to help decide who can safely be paroled in Nevada.

He said the system, designed in 2003 has allowed the state to have one of the nation's higher parole grant rates but among the lowest rate of inmates who violate conditions or commit a new crime.

Tonya Brown charged that any inmate with a record of filing suits against the state or parole board over his incarceration is automatically denied as a threat to society. She said that happened to her brother.

She also charged that any inmate who refuses to admit guilt is denied parole. She cited her brother Nolan Klein, who spent more than 20 years in prison on a rape conviction he steadfastly maintained he never committed. He died in prison last month of liver failure.

David Smith of the Parole Board said he knows of a number of cases where parole was granted to inmates who never admitted guilt.

He said, however, taking responsibility for the crime is considered in scoring a sex offender, which he said is a completely different process than the ranking system for general inmates Austin is reviewing.

Smith said sex offenders normally have a very good score on the general rating system because they aren't usually involved in other types of crime.

Brown asked Austin to make sure that when an inmate is put in solitary or lockup for his protection, it isn't listed somehow as a disciplinary infraction, which could hurt his parole chances.

Flo Jones, who has two sons in the prison system, said the state should consider legislation that follows inmates who are released at the end of their sentence much like those placed on parole. She said those who expire their sentence are released with little or no support, which can land them quickly in situations where they are tempted to commit another crime.

“We don't want to see these people come out with no parole tag and no supervision,” said fellow activist Michelle Ravell. “It concerns me that people are released with $21 and dropped at a bus station. I just don't see how they can succeed.”

Austin said all the comments will be taken into consideration as he develops recommendations designed to improve the ranking system.

He said the goal is a better ranking system that improves guidance to the parole board on who should be paroled and who shouldn't.

“It's not economics,” he said rejecting the idea that reducing prison costs is the primary goal.

Austin said the risk assessment system considers a variety of factors. They include the inmate's age at first conviction, prior probation or parole revocations, criminal history, drug and alcohol abuse, gang membership, in-prison education and employment history. It also takes into consideration the inmate's age since older inmates are less likely to re-offend.

Overall, Austin said Nevada's system is performing well.

“I'm tweaking it,” he said. “Refining it.”

He expects to complete his report in about three months.

URL: http://www.nevadaappeal.com/article/20091021/NEWS/910209966/1070&ParentProfile=1058

Article: Prisons chief claims abuse of sick leave

Article in Las Vegas Sun about the Prison Commissioners Meeting last 13th of October 2009:

Prisons chief claims abuse of sick leave
He says more guards call in on holiday weekends, leaving staffs short
By Cy Ryan

Friday, Oct. 16, 2009 | 2 a.m.

Carson City — The head of the state prison system is accusing correctional officers of abusing their sick leave, further complicating staffing problems at Nevada’s lockups.

State Prison System Director Howard Skolnik said guards are calling in sick in greater numbers on holiday weekends. State employees are to use sick leave only when they are ill.

Skolnik cited for the Prison Board the number of correctional officers who called in sick during recent holiday weekends:

• On the Memorial Day weekend officers took 369 hours of sick leave the day before holiday, 62 hours on Memorial Day and 800 hours the day after the holiday.

• Officers took 397 hours of sick time the day before Presidents Day, 63 sick hours on the holiday and 883 hours the day after.

• Officers took 126 hours of sick leave on July 3, 285 hours on July 4 and 424 hours on July 5.

Skolnik said the prison system is staffed at 85 percent and the extra absences make operating the prisons difficult.

“We have staff abuse and it’s not fair to all staff,” he told the board.

Skolnik said he is developing a regulation to address the absences and will present it at the next board meeting.

Some prison employees criticized the proposed regulations.

Daniel Shoup, an officer at the Northern Nevada Correctional Center, said there may be a problem with certain individuals misusing sick leave, but said they should be dealt with individually instead of the entire staff having to deal with new regulations. He called the regulation a “slap in the face” to the staff.

“You’re breaking down morale on the staff,” Shoup said. “It cannot get much lower.”

•••

Skolnik also told the Prison Board he has taken steps to cut expenses so prison correctional officers aren’t required to take monthly furloughs.

The 2009 Legislature ordered the one-day-a-month furloughs for state workers in an attempt to save money. The state Board of Examiners has given the prison an exception until November. To avoid furloughs the system must come up with another way to save $315,000 a month.

To cut costs, Skolnik said he has reduced overtime so far this fiscal year from $258,000 to $30,000. He has closed units 10 and 12 at the High Desert State Prison in Southern Nevada, and he has instituted a “rolling lockdown”— unannounced, periodic lockdowns to handle the shortage of officers — at another prison.

Skolnik said he is considering cancelling the extra 5 percent pay given to officers at prisons in Ely and Lovelock. Also being considered is charging rent to inmates for use of gyms.

Forcing officers to take a one-day furlough jeopardizes the safety of the staff and inmates, he said.

•••

Tonya Brown showed up at the meeting of the state Board of Prison Commissioners on Tuesday carrying a container with the ashes of her brother, Nolan Klein, a former state prison inmate who died Sept. 21.

Klein was convicted of a 1988 sexual assault and robbery in Sparks. But Brown has long maintained the innocence of her brother and is continuing a court battle to prove it.

She accused the prison system of denying the rights of inmates to practice their religion and she asked the prison board to release Klein’s personal property, which must be held for 40 days after death, according to Nevada law.

She joined with others who advocated creation of an oversight committee for every prison.

The board did not take any action.
---
URL: http://www.lasvegassun.com/news/2009/oct/16/prisons-chief-claims-abuse-sick-leave/#comments

Article: Prisons expert says Nevada among lowest in recidivism

Oct. 21, 2009
Link: Copyright © Las Vegas Review-Journal

Prisons expert says Nevada among lowest in recidivism -
One reason is inmates from California who return home, he says

By ED VOGEL
LAS VEGAS REVIEW-JOURNAL CAPITAL BUREAU
CARSON CITY -- A nationally recognized prisons expert said Tuesday that Nevada has one of the lowest recidivism rates in the county, but that may be due to released inmates who end up in California prisons.

James Austin estimated that about 20 percent of Nevada inmates are California residents who "had fun in Las Vegas or Reno for a couple of years," ended up in prison and will return home when they are released.

Austin said about 28 percent of prisoners released in Nevada commit new crimes and are returned to prison within three years. That compares with a national rate of more than 40 percent.

But he added that the methodology the Nevada Parole Commission uses to determine whether to release an inmate is largely sound. He said he may only have to "tweak it a little."

Austin was hired by the Parole Commission under a $20,000 contract to re-evaluate the risk assessment factors commissioners use in deciding whether to release prisoners. He helped develop the current system three years ago. His report is due before the end of the year.

In Nevada, inmates are assessed by the Parole Commission on 12 factors, such as whether they have a history of drug use or gang involvement.

During the public meeting Tuesday -- attended almost entirely by relatives of inmates -- Austin said he is carrying out similar reevaluations for officials in other states, including California.

When he visits California corrections officials, he said, he will ask for data to find out how many of their inmates formerly were imprisoned in Nevada.

Though Nevada crime may be lower because of this phenomenon, there also have been accusations that California dumps inmates in Nevada.

A 7,000-inmate prison in Susanville, 85 miles up the road from Reno, according to testimony at legislative hearings, often gives inmates a bus ticket to Reno when they are released.

In an interview, Austin said crime has been dropping during the current recession.

During recessions, people generally "are inactive and stay home a lot more than normal," leading to less crime, he said.

But two years after the onset of a recession, crime begins to increase.

In response to reporters' questions, Austin acknowledged that risk assessment factors used by parole boards can be adjusted to fit the "economics" of a state.

He said factors could be modified so more releases would occur in a state with financial problems that wants a lower prison population.

Conversely, factors could be tightened up in a state that is not as concerned about a high prison population.

But Austin said the Nevada Parole Commission wants risk assessment factors to be a reliable guide as to whether inmates would re-offend.

During the hearing, Carson City resident Tonja Brown cried as she read from a book she wrote about her brother, Nolan Klein.

Klein was convicted of raping a woman in 1988. He died in prison last month.

Brown maintained the Parole Commission would not release her brother because he maintained his innocence, and the commission releases only prisoners who show remorse for their crimes.

"A truly innocent man died because of their actions," she said.

2009/10/19

Health Care Now!



A poster from one of our friends!