The state Board of Probation and
Parole should be disbanded because it is forcing too many convicts to serve
their maximum sentences rather than granting parole, and that's potentially
dangerous, former state attorney general Ernie Preate said recently.
Preate told a state House panel
that the number of inmates forced to serve their maximum sentence has more
than tripled since 1993.
'Without parole for good behavior,
there is no incentive for good behavior,' said Preate, who served time
in prison on corruption charges. 'Why is that important for the safety
of citizens? Because these max-outs are the deceived ones, the embittered
ones, and the ones thought too dangerous to be paroled. And they
go from the hole right to the street where you and I walk.”
Preate said he favors abolishing
the board in favor of a system of flat sentences with possible time off
for good behavior.
Rep. Frank Dermody, D-Oakmont, a
former prosecutor, said he was shocked when statistics were presented to
the House Judiciary Subcommittee on Probation and Parole.
'I didn't know the numbers,' he
said. 'It is a concern. Some of those guys feel so screwed by the parole
board that they don't even try to get out and go right from prison to the
streets, and some of these guys are nasty.'
Parole Board statistics show that
14 percent of denials were for 'negative interest' on the part of inmates,
meaning they didn't want to be released on parole and preferred to serve
their maximum sentences.
The granting of parole requests
in Pennsylvania declined dramatically as politicians got 'tough on crime'
in the 1980s and 1990s.
Requests were denied 26 percent
of the time in 1984, compared with 52 percent last year. As a result, average
incarceration time more than doubled, from 26 months per inmate in 1984
to 54 months in 1999.
Inmates are sentenced by judges
to a range, such as 10 to 20 years. A prisoner must serve the minimum sentence
to be eligible for parole. Once the minimum is served, they can generally
apply annually for parole.
The chairman of the state board,
William Ward, agreed yesterday that some sort of supervised release is
preferred when an inmate is released from prison. But he said parole
is an earned privilege, not a right.
If the nine-member board believes
an inmate is a danger or hasn't earned the right to be paroled, he won't
be, Ward said.
Ward added that the parole board's
denial rate is not any higher than in other states of comparable size.
'We are a citizen-oriented committee,
and we are accountable,' he said.
Preate said board members are fearful
of being labeled soft on criminals or releasing someone who may be dangerous,
regardless if they earned parole, he said.
Inmates and their families are often
baffled when parole is denied because often there is no explanation for
the ruling and it seems to be 'a whim' of the board, testified Rabbi Moishe
Vogel, director of the Pittsburgh-based Aleph Institute, a prison advocacy
organization that specializes in the concerns of Jewish inmates.
'When someone is sentenced, a judge
has guidelines. There should be guidelines for the board,' he said.
Preate said a system of flat sentencing,
with possible time off for good behavior, would provide a better incentive
for prisoners to behave than a 50-50 chance of parole.
Inmates should at least be allowed
to have an attorney present at parole board hearings, if for no other reason
than to explain why parole was denied, said Larry Frankel, executive director
of the American Civil Liberties Union of Pennsylvania.
But Frankel said he doesn't expect
any changes in the near future.
'I think we're laying the groundwork
here,' he said. 'You have to talk about these things for years.'
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