Staff letters to the parole board

[allmb]

My wife has an exit interview with the parole board in 75 days. We are accumulating letters at this time as well as making other preparations. There seems to be a rule in place regarding staff and employees of the institution writing letters but no one seems to know what it is.

Staff members have shown an interest in writing a letter but don't know if they can. They have spoken to their supervisors who are also unsure of whether they can or not but have advised them not to in an effort to err on the side of caution. I can understand that but went searching for the rule that speaks directly to this issue in an effort to clarify it. If the rule states that they can, then I would bring it to their attention - if not, no action is necessary as they aren't going to write it anyway.

I've called the board of parole and was directed to Birdie Worley, rules director. She read part of OAR 291 153 to me as evidence that they can't. The part she read was:

4) Others Who May Attend/Appear at a Board Hearing:

(d) Department of Corrections Employees, Volunteers, and Contractors: Department of Corrections employees, volunteers, and contractors may attend, but not participate in, Board of Parole and Post-Prison Supervision hearings, except as requested by the Board in order to provide testimony in the hearing.

As far as I can tell, this has little to do with my question, though I have never received a satisfactory response from Ms. Worley. To date she has yet to understand any question I have asked her.

Speaking at the hearing and writing a letter are two separate things. Our aunt, our uncle, our daughter and myself all wrote letters last time and we were all allowed to attend, but not participate in, Board of Parole and Post-Prison Supervision hearings, except as requested by the Board in order to provide testimony in the hearing. The two issues, attending and writing letters are not mutually exclusive.

Does anyone know where I might find the rule that speaks to this issue? Having staff want to write letters on her behalf is strong, and I think the information they would give, based on one on one interaction with her, would be of great value to the parole board in making their determination. Certainly more germane than having a DA who was in high school when she committed her crime speak on her character.

I would appreciate it if anyone could point me toward the rule.

[firefly369]

I looked and looked and didnt find a clear answer, but I was wondering if maybe a union rep. might know the answer.

Mike asked a similar question and received the kyte back saying only the Superintendant was able to write a letter on their behalf, but that they (the inmate) would have to do some EXTRAORDINARY... I believe he received this response from the assistant superintendant.

I will also add this. Mikes old boss who is IWP Manager at EOCI was called to testify in front of the board in January and did so for almost 2 hours. I know that he spoke favorably for the inmate, but I dont know how he came to be called.

Good luck and sorry I couldnt be of any help.

[Zelda50]

The OAR for the Parole Board does not list input from DOC staff as part of what they can consider at the parole hearing; however, it does say they can consider "any other relevant information they request."

The inmate can submit information to the Board to consider at least 7 days prior to the hearing.

So - I would suggest two things. 1) The inmate could write the Parole Board and ask them to request a letter from the counselor (or whomever the staff person is that says they want to write but feel they can't) and then sign a Release of Information with that staff person to authorize them to do so. *HOWEVER - there is a danger in doing this because some staff may say they will write a positive letter at the same time they're saying they cannot do so - and then, when presented with the opportunity, they may turn around and include negative information as well.

The better route may be for the inmate to request from her counselor copies of records from her file which lists programs/classes completed and a list of disciplinary violations. (Or if none, a record which shows none) Once the inmate receives a copy of those, she can send a copy, if she wishes, to the Board of Parole.

I'm not familiar with the Oregon DOC policies on the inmate getting copies of information from the inmate file - but it seems like she should be able to do so.

I am pretty sure the DOC does not want individual staff members writing letters on behalf of inmates to the Parole Board. My guess is their thinking is this - if that inmate were to be released and commit some heinous crime, it would come back to bite them - big time! Also, it prevents inmates from trying to curry favor from staff inappropriately - or staff manipulating inmates with promises of letters.

[Johnny's Angel]

Umm....not sure if this the right place to ask this or not, but i remember seeing something on here years ago that had sample letters for writing to the parole board and lot's of advice on what to write and what not to write and how long to make the letters and who should write letters but I cant seem to find it now. does anyone know where it is on here or if it is still available? I really need some help with this. need to write a letter for him and im scared to death of writing it wrong or saying the wrong thing. Can anyone help me out on this? thank you for your time....Johnnys' Angel

[Scott]

Originally Posted by Johnny's Angel

Umm....not sure if this the right place to ask this or not, but i remember seeing something on here years ago that had sample letters for writing to the parole board and lot's of advice on what to write and what not to write and how long to make the letters and who should write letters but I cant seem to find it now. does anyone know where it is on here or if it is still available? I really need some help with this. need to write a letter for him and im scared to death of writing it wrong or saying the wrong thing. Can anyone help me out on this? thank you for your time....Johnnys' Angel

No one can really give you advice about this without knowing all the details of his case, which probably isn't appropriate for the PTO forum boards. An effective letter to the Parole Board should be sincere, not canned, honest - how you feel about the person and their situation pre-incarceration, during incarceration, and what you think about their future.

It should be specific and identify what you in particular can offer the person by way of rehabilitative support. Job support, housing, etc., etc. What piece of the puzzle can you play in his getting his act together - and what uniquely qualifies you do to it.

I personally recommend staying away from the "I love him so much" stuff, as the parole board is pretty cynical and interprets that as nothing you say is going to be "honest" because you just want your "man home"... So it should be a bit businesslike.

If he has "issues", drugs, alcohol, etc., you should address how you're going to be a POSITIVE support in that area - and how you recognize that treatment is a critical component of his recovery process.

IF you speak for a network of friends and family, make sure every one is on the same page - but NOT sending the same template letter. Quick guarantee for the trash...

If you have specific questions - post them and we'll see what people think. Needless to say I'll aways chime in...

Lastly, have confidence in yourself....OK?

[Zelda50]

I'll add the "do nots" DO NOT say that he's innocent. DO NOT miminize his crime or give excuses for it. DO NOT attack the victim's (if there is a victim) character or say that he/she did something to deserve it. DO NOT criticize any aspect of the criminal justice system (including the prosecutor/ judge) or the prison system.

If your inmate has expressed remorse and/or empathy for what the victim experienced, include a statement about that.

If there are specific programs in your locale (where the inmate will live when released) which would benefit your inmate's success in the community, then identify those by name. You could even contact them and have them provide some detailed information or even a letter stating they would work with him. (For instance, a counseling service, a transitional re-entry program, a drug/alcohol treatment program, an anger management program, a parent training program, etc.) But make sure your inmate knows what you are doing and is on board with participating after release.

[Johnny's Angel]

Originally Posted by Zelda50

I'll add the "do nots" DO NOT say that he's innocent. DO NOT miminize his crime or give excuses for it. DO NOT attack the victim's (if there is a victim) character or say that he/she did something to deserve it. DO NOT criticize any aspect of the criminal justice system (including the prosecutor/ judge) or the prison system.

If your inmate has expressed remorse and/or empathy for what the victim experienced, include a statement about that.

If there are specific programs in your locale (where the inmate will live when released) which would benefit your inmate's success in the community, then identify those by name. You could even contact them and have them provide some detailed information or even a letter stating they would work with him. (For instance, a counseling service, a transitional re-entry program, a drug/alcohol treatment program, an anger management program, a parent training program, etc.) But make sure your inmate knows what you are doing and is on board with participating after release.

Thank You so much for Your advice. I know he has just talked to his counselor and told her what he wants to do and that is to be paroled from Oregon to here with me in Calif where we are a strong christian family and community and it is his path in the chapel that helped him find himself after being lost for 10 years while incarcerated. The last 10 years he has spent deeply involved in the chapel and with the chaplains and has taken seminary courses and many other classes and volunteered for many programs that donate to children who cant afford things in their normal lives. He can continue to do these things in our community and through our church. I knew him when he was first incarcerated 23 years ago and I have seen the changes in his life and his outlook and I am so happy to say it is like a breath of fresh air. His counselor has got him started on the "interstate contract agreement" but I dont know what comes next after that. I have started the parole letter and kept it basicly the way you have described. I still have to finish it. I have been so worried about what to say and how to say it. It woke me up at 4:30 the other morning with sudden words for it and I wrote them all down. So I have about 2 paragraphs of it written. I did not go into anything about our relationship, didnt figure they wanna hear that and didnt think it was a good idea. If he is allowed to parole here to calif, do they insist they go to a halfway house or something like that or do you think they would allow him to come here to our home? We plan on being married soon after his release and my step dad, our pastor is going to do the service but I didnt mention that in the letter cuz I figured it was better not to. Thank You so much to scott and zelda for reading my post and answering me. I was wondering if anyone knows if the housing authority or food stamp/cash aid programs would drop us from their programs when we got married and he is living here? I know he is planning on getting a job right away and that is good but I also know it is not easy to get work right away either. I am not able to work at this time as my daughter is mentally disabled and on SSI so I am at home to care for her at least till she is 18 and able to be placed in a group home or some other setting that will allow her to feel like an adult on her own but be safe at the same time so money is very tight here and that has drove him nuts many times cuz he cant help out from inside there. I will not let him while he is inside cuz he doesnt make much there anyway. But I was wondering how it will affect those programs if anyone knows. Thank You again for your time and advice....

[Scott]

Originally Posted by Johnny's Angel

The last 10 years he has spent deeply involved in the chapel and with the chaplains and has taken seminary courses and many other classes and volunteered for many programs that donate to children who cant afford things in their normal lives. He can continue to do these things in our community and through our church.

I understand that you believe that the Chapel programs have been helpful, and that certainly may be the case - however, (and I didn't mention it before) that is another "trigger issue" with the Parole Board. So I wouldn't go into that too much either. For a lot guys inside, the whole religion thing is tricky. Don't get me wrong, I think it's great he's going... but a lot of people "find God" when incarcerated, and "lose God" pretty darn quickly when they are released. Another thing the parole board is cynical about.

What you can say, and it IS helpful, is that your church community is very aware of your BF's situation and willing to share support, friendship, etc. Having a network of people there to hold one accountable is VERY positive thing. My own church community was very supportive of me while I was in prison, and I was thrilled to come back to them. (I'm now the keyboardist again, and it's like I wasn't even gone for 57 months...:-) )

Originally Posted by Johnny's Angel

...I am not able to work at this time as my daughter is mentally disabled and on SSI so I am at home to care for her at least till she is 18 and able to be placed in a group home or some other setting that will allow her to feel like an adult on her own but be safe at the same time so money is very tight here and that has drove him nuts many times cuz he cant help out from inside there. I will not let him while he is inside cuz he doesnt make much there anyway. But I was wondering how it will affect those programs if anyone knows. Thank You again for your time and advice....

This question is a pretty technical one and your best bet is to speak with your caseworker and ask their opinion. Even if you have do to it along the lines of "I have a friend who..." Getting married will definitely change your status and complicate things for you - but it would all depend on what his income looks like at the time. This one is worth asking an expert in your State...

[Zelda50]

Regarding the effects of him living with you - you need to ask your daughter's case manager or whoever authorizes the payments to you to care for her. In addition, if you live in subsidized low income housing, you will need to ask about the rules of the housing authority regarding his convictions. California rules may be different from Oregon ones. Some places deny low income subsidized housing to those convicted of felony drug charges, sex offenses, etc.

The Interstate compact request is how Oregon asks California parole/probation office to look at his case, at where he will be living, and decide whether they are willing to accept him and supervise him there. Under the latest Interstate Compact Rules, he not only will need to have some place to live there but will have to show that he has a way of supporting himself. They will not require a halfway house placement and I expect most halfway houses in California won't (like in Oregon) accept out of state folks because they are full of in-state parolees.

[Johnny's Angel]

Originally Posted by Scott

I understand that you believe that the Chapel programs have been helpful, and that certainly may be the case - however, (and I didn't mention it before) that is another "trigger issue" with the Parole Board. So I wouldn't go into that too much either. For a lot guys inside, the whole religion thing is tricky. Don't get me wrong, I think it's great he's going... but a lot of people "find God" when incarcerated, and "lose God" pretty darn quickly when they are released. Another thing the parole board is cynical about.

What you can say, and it IS helpful, is that your church community is very aware of your BF's situation and willing to share support, friendship, etc. Having a network of people there to hold one accountable is VERY positive thing. My own church community was very supportive of me while I was in prison, and I was thrilled to come back to them. (I'm now the keyboardist again, and it's like I wasn't even gone for 57 months...:-) )



This question is a pretty technical one and your best bet is to speak with your caseworker and ask their opinion. Even if you have do to it along the lines of "I have a friend who..." Getting married will definitely change your status and complicate things for you - but it would all depend on what his income looks like at the time. This one is worth asking an expert in your State...

Thank You, looks like I might need to re word some of what i had written for the parole board but I had kind of figured they might look at that in that way. I know a lot poeple make that claim while inside and then drop it almost as soon as they get out and that is very wrong to use God in that way but I know that he is sincere in his belief and in his heart but I also know the parole board does not know this for themselves. I have watched these changes take place in him over the years and it wasnt like he just woke up one day decided he was christian but they dont know this. I understand that. This is all so hard and so complicated. He has no family left, my family is all there is for him and he needs to have that support. I know it is twice as hard for someone when they have no support spiritually and emotionally. I came from the same childhood horrors and pain that he comes from. I know how hard it can be to stay afloat and not drown in it. He has pulled himself out of it very well and completed so many classes for himself such as the recovery classes and others like them. He sent me his journals and I have read through them and some of what he has written and discovered about himself has helped me even. I dont feel he is a threat of any sort to society but I just dont know how to make someone else see that. He already has his resumes all written and ready in case he gets out so he can try to secure a job as soon as possible. He has been told to look for a job in computers cuz he is very good at it they keep telling him and he took classes for that as well and has taken some for vetrinary work as well. He was suppose to go up for the parole thing in December but they just changed it to November instead. He had something filed last time about the parole decision last time and is wondering if possibly that has something to do with why it suddenly got changed to a sooner date or not. He was suppose to take his spyche eval in November but with the change in dates the parole thing is scheduled before the eval now. I suppose they will change that too then. I will talk to my case workers like you said but I think i will wait till we know what exactly is going to happen. My daughter will be 18 in april and hopefully be placed after that. HIs date would be june 2012 if he gets released so it shouldnt affect my daughter too much.
He has the desire to be a pastor for a long time but I dont know how possible that would be coming from a prison.
Thank You, scott and zelda so much for your time and help....and thank you for explaining a little better the interstate thing too....

[allmb]

We have recently gone in front of the board and been granted parole and are now going through the Interstate Compact process. Wehad a change in parole date as well. In our case, the victims family couldn't make the date we had originally been scheduled for and so they changed it to accomodate the family. The psyche eval got moved as well because the DOC's psyche eval must be conducted between 30 and 90 days prior to the parole hearing.

As for Interstate Compact, you do have a couple of challenges. There are two types of requests, mandatory requests and optional requests. Mandatory requests simply mean that the state is required to send a parole officer to the home to check on it, not that they are required to grant the move. An optional request means that they can deny the request without sending anyone to the home. The criteria for a mandatory request is simply that the inmate or parolee has resident family at the home they will be paroling to. The blood ties must be aunt/uncle or closer to qualify.

Certainly 'spouse' qualifies, but many states (as well as the parole board) have a negative/suspicious view of relationships/marriages which began in prison. If you knew or had a relationship prior to prison and decide to get married while he is still inside, make sure they know that you were involved prior to prison.

The other challenge is, as Zelda said, he needs to show that he has a way of supporting himself. The state will not accept someone who they believe will be living off of an entitlement program - he needs to show that he can support himself.

Back to the parole board for a moment... get a copy of his prior psyche evaluations so that you can make comparisons and show change and growth over his time inside.

Back to Interstate Compact (first cup of morning coffee, bear with me)... I called the parole department and asked what I could do to insure the process went smoothly and successfully from my end - what preparations I should make to insure the home visit went positive. While there was little I can do, it showed a proactive interest and willingness to work with him. I asked how the community could show their support as they had expressed an interest in writing letters of support for the move. He told me that he would accept letters at the residence and suggested, that while they give very little notice of a home visit, we would probably have about two hours and if the people I had explained to him were looking to send letters to Interstate Compact (all community leaders) happened to be waiting for him at the home when he arrived, he would probably recommend approval before he stepped in the house. While I expect that your mileage may vary on that, certainly a few church leaders being over for coffee and prepared to express their support will not hurt.