Tuesday, December 30, 2008
Washington Post Weighs in on Sentence Reductions
We now have the attention of one of the largest and well-known newspapers in the nation. From this morning's Washington Post.
Monday, December 29, 2008
Addressing "Revolving-Door" Justice: A Complex Issue
The two-part series in The Gazette on the "revolving-door justice" system in Maryland that put Lindsay Harvey's alleged killer back on the streets after six years in prison for slashing people's throats has now grabbed the attention of the paper's opinion editors, along with that of some readers. Although last week's editorial appears to fall short of tacitly endorsing our goal of making violent criminals in Maryland serve 85% of their sentences, it does lay out the numerous lapses in the system that gave Shawn Henderson his freedom back and allowed him to run afoul of his probation agreement until he became the prime suspect in Lindsay's murder. And it agrees that a "fresh look" at the holes in the laws and sentencing guidelines needs to be taken in the coming year's legislative session.
The Gazette also noted that, whereas other states have enacted truth-in-sentencing laws to keep the worst of the worst behind bars, Maryland has "watered-down" policies.
"Slowing this dangerous revolving door from prison to the streets won't be easy but is absolutely necessary," the editoral concludes.
How to slow this revolving door so that innocent lives can be saved is, of course, another issue on which there are no shortage of opinions. And interestingly enough, today's Washington Post has a story on Virginia Sen. James Webb, who as it turns out is planning to introduce legislation that seeks to reform the U.S. prison system. The article also shares front page space in the Metro section with a story on the rise in homicides in Waldorf and Charles County, which some residents seem to believe is tied to the county's urbanization (although statistics have not proven conclusive in that regard).
Webb has said the U.S. prison system is flawed in how it targets, punishes and releases those it identifies as criminals. His opinions are further summed up in this paragraph:
Webb aims much of his criticism at enforcement efforts that he says too often target low-level drug offenders and parole violators, rather than those who perpetrate violence, such as gang members. He also blames policies that strip felons of citizenship rights and can hinder their chances of finding a job after release. He says he believes society can be made safer while making the system more humane and cost-effective.
Regardless of whether we agree with any of this, the article nonetheless highlights the fact that this is a complex issue with no easy solutions.
The Gazette also noted that, whereas other states have enacted truth-in-sentencing laws to keep the worst of the worst behind bars, Maryland has "watered-down" policies.
"Slowing this dangerous revolving door from prison to the streets won't be easy but is absolutely necessary," the editoral concludes.
How to slow this revolving door so that innocent lives can be saved is, of course, another issue on which there are no shortage of opinions. And interestingly enough, today's Washington Post has a story on Virginia Sen. James Webb, who as it turns out is planning to introduce legislation that seeks to reform the U.S. prison system. The article also shares front page space in the Metro section with a story on the rise in homicides in Waldorf and Charles County, which some residents seem to believe is tied to the county's urbanization (although statistics have not proven conclusive in that regard).
Webb has said the U.S. prison system is flawed in how it targets, punishes and releases those it identifies as criminals. His opinions are further summed up in this paragraph:
Webb aims much of his criticism at enforcement efforts that he says too often target low-level drug offenders and parole violators, rather than those who perpetrate violence, such as gang members. He also blames policies that strip felons of citizenship rights and can hinder their chances of finding a job after release. He says he believes society can be made safer while making the system more humane and cost-effective.
Regardless of whether we agree with any of this, the article nonetheless highlights the fact that this is a complex issue with no easy solutions.
Saturday, December 20, 2008
Del. Simmons Addresses Potential Pitfalls of Dim Credit Legislation
Justice For Safety's meeting with Maryland State Del. Luiz R. S. Simmons was insightful and enlightening, to say the least. Although Del. Simmons seemed to agree in principal with our goal of trying to reduce recidivist violent crime, he gave some advice on how to go about getting our proposed legislation through the General Assembly and also issued a few caveats about opposition we are bound to face -- from both state lawmakers and citizens' groups.
For instance, Simmons said our bill will probably face opposition from groups representing corrections officials who fear that the fewer mechanisms available to inmates for getting out of prison early, the more likely they will be to act violently in prison and endanger the lives of corrections officers, a point that was brought to light in the second article of Patricia Murret's two-part series in this week's Gazette.
And as our chief sponsor, Sen. Nancy King, has noted, our proposed diminution credit legislation -- which would cap such credits at 15% of a violent offender's sentence -- faces an uphill battle because of potential opposition by a legislature that includes a "number of defense attorneys".
Simmons offered a number of suggestions for us to pursue, including focusing more on getting the Maryland State Senate -- as opposed to the House -- to support our legislation and perhaps even shifting our focus on making it so that certain types of offenders are not offered parole.
Most important, he added, was that we need to back up our proposals with facts and data.
In other words, this issue needs to be more than just about Lindsay Harvey. We need to prove that this is a systemic problem that has affected other innocent people in Maryland.
Incidentally, the number of homicides in Montgomery County this year is on par with last year.
Montgomery County Police Capt. Mitch Cunningham has said that he now has a crime analyst looking into the issue of truth in sentencing and how it affects the management of prison populations. Beyond that, he said we need to address the potential financial costs of extending prison sentences and obtain a matrix that ranks states by crime rates, recidivism and whether they are "truth in sentencing" states. Also, he said, we need some detail about how such truth in sentencing is administered.
Capt. Cunningham also wants to look into how judges carry out prison sentences in Virginia, a truth-in-sentencing state that has actually abolished parole and seen its violent crime recidivism rate reduced to 30% (Maryland's recidivism rate, by comparison, is 50%).
Wednesday, December 17, 2008
From the Gazette: Debate raises specter of criminals vs. victims
This is the second in a series of articles by The Gazette's Patricia Murret. The first article of this series ran in last week's issue.
Monday, December 15, 2008
MCPD to Meet Tomorrow With Sen. King and Del. Simmons
A few updates to pass along:
-- Exactly three weeks from today, the first of three trials in the murder of Lindsay Harvey will take place in Montgomery County District Court. Aaron Michael Shepherd, one of the two teenage accomplices accused of participating in the April 13 robbery and murder with Shawn M. Henderson, was arrested along with Anthony Steven Moore last June. Shepherd's trial begins Jan. 5.
Shepherd, now 20, has been charged with first-degree murder, armed robbery, and conspiracy to commit armed robbery. Henderson, the man accused of shooting Lindsay, will be tried on Feb. 9. Moore's trial is scheduled to begin March 9.
-- Also, representatives of Justice for Safety and Montgomery County Police officials will be meeting tomorrow, Dec. 16, to discuss our proposed diminution credits legislation with Maryland State Sen. Nancy King and Del. Luiz R. S. Simmons.
Last month, Sen. King pledged her support for our proposed legislation, which would cap diminution credits for violent offenders so that they can earn no more than 15% of the time off their prison sentences.
Del. Simmons represents District 17 in Maryland, which is where Lindsay Harvey lived and was killed. This will be our first meeting with him.
-- Exactly three weeks from today, the first of three trials in the murder of Lindsay Harvey will take place in Montgomery County District Court. Aaron Michael Shepherd, one of the two teenage accomplices accused of participating in the April 13 robbery and murder with Shawn M. Henderson, was arrested along with Anthony Steven Moore last June. Shepherd's trial begins Jan. 5.
Shepherd, now 20, has been charged with first-degree murder, armed robbery, and conspiracy to commit armed robbery. Henderson, the man accused of shooting Lindsay, will be tried on Feb. 9. Moore's trial is scheduled to begin March 9.
-- Also, representatives of Justice for Safety and Montgomery County Police officials will be meeting tomorrow, Dec. 16, to discuss our proposed diminution credits legislation with Maryland State Sen. Nancy King and Del. Luiz R. S. Simmons.
Last month, Sen. King pledged her support for our proposed legislation, which would cap diminution credits for violent offenders so that they can earn no more than 15% of the time off their prison sentences.
Del. Simmons represents District 17 in Maryland, which is where Lindsay Harvey lived and was killed. This will be our first meeting with him.
Thursday, December 11, 2008
Series of Articles about Diminution Credits to be Published in The Gazette
Sentencing odyssey prompts call for reform
Critics of murder suspect's travels though system say Maryland has created a ‘revolving door' of criminal justice...
read the article:
http://www.gazette.net/stories/12102008/gaitnew210053_32491.shtml
Critics of murder suspect's travels though system say Maryland has created a ‘revolving door' of criminal justice...
read the article:
http://www.gazette.net/stories/12102008/gaitnew210053_32491.shtml
Monday, December 8, 2008
City Council discusses diminution credits
On Nov. 24, the Gaithersburg City Council hosted a discussion of the issue of diminution credits and their effect on violent crime in Maryland with Montgomery County Police Captain Mitch Cunningham, State Sen. Nancy King, and myself. Capt. Cunningham explained how Shawn Henderson, the primary suspect being held in the murder of Lindsay Harvey, was able to exploit loopholes in the criminal justice system that enabled him to gain his early release from prison, even after being convicted for committing three very violent robberies where the victims' throats were slashed.
"Many offenders take advantage of this diminution credit system," Capt. Cunningham told the council. "And as we look at a broader picture of Maryland as it compares to other states, we realize that Maryland is the 5th most violent state [in the U.S.]."
Capt. Cunningham said that states with truth in sentencing have had lower crime rates. "What we're suggesting…is that for folks convicted of a violent crime, they have to serve 85% of their sentences," he said. "That is typically known as truth in sentencing, and that is what is done in 30 other states around the country."
Capt. Cunningham added that even with this new legislation, violent offenders will remain eligible for parole after serving 50% of their sentences, as they are under current law. "Even though we're asking for 85%, parole commission will still get an opportunity to review the offender's sentence and make a judgment."
It should be noted that Shawn Henderson's bid for early release through parole was rejected by the State Parole Board, but because the diminution credits he was earning were already automatically paving the way towards his early release, he was released anyway in April 2006 -- six years after being incarcerated and four years before his sentence was up (Henderson's original sentence was 20 years, with all but 12 years suspended, plus a reconsideration that made it a 10-year sentence).
Henderson now stands accused of murdering Lindsay Harvey, who was killed on April 13, 2008 -- just two years after his release from prison. He is facing life in prison without the possibility of parole, and his trial is scheduled for Feb. 9, 2009.
"If you look at the crime rate in our area and the challenges that our police departments have to try and keep things calm in our area, they've really got their hands full, and if there's something that can help them out to do their job better, I think this is probably the least we can do," said Sen. King.
Sen. King said that while our proposed legislation has the support of other state legislators, she noted that there also a lot of defense attorneys in the legislature that will make its passage an "uphill battle."
One likely rationalization against capping diminution credits, said Sen. King, could be the fact that such credits are often used by correctional officials to get inmates "to do what they want them to do." But, she added, "there's got to be a rational point where we're not letting people out on the street that shouldn’t be there."
The dim credit legislation -- which has the full support of the Mayor and Council -- does not address the issue of sentence reconsiderations or the ability of judges to suspend sentences. When pressed about this by city councilman Ryan Speigel, Capt. Cunningham responded, "The reality is, given what we are faced with, at the [judiciary] committees that would hear this, we feel it's ambitious enough just to try to get this passed. I think there's no one who knows this issue that wouldn’t want both issues addressed, but the reality is that we need to pick our battles."
It is our belief that the criminal justice system is supposed to be protecting us from dangerous individuals like Shawn Henderson. The system in Maryland failed us in the worst way possible, by allowing a known violent offender to be released from prison long before he should have been. As a result, the life of a vibrant young woman who did nothing wrong and was loved by literally hundreds of people is now over.
Our lawmakers need to acknowledge once and for all that allowing violent offenders an easy path towards early release does not turn them into law-abiding citizens but actually endangers those of us who are. With your help, we may finally see real change in the state of Maryland.
The 2009 legislative session in Maryland begins in mid-January. Please write to your state representatives and tell them you support revamping the diminution credits system so that violent offenders can take no more than 15% of the time off their sentences.
Thank you for your support.-- David Udoff
"Many offenders take advantage of this diminution credit system," Capt. Cunningham told the council. "And as we look at a broader picture of Maryland as it compares to other states, we realize that Maryland is the 5th most violent state [in the U.S.]."
Capt. Cunningham said that states with truth in sentencing have had lower crime rates. "What we're suggesting…is that for folks convicted of a violent crime, they have to serve 85% of their sentences," he said. "That is typically known as truth in sentencing, and that is what is done in 30 other states around the country."
Capt. Cunningham added that even with this new legislation, violent offenders will remain eligible for parole after serving 50% of their sentences, as they are under current law. "Even though we're asking for 85%, parole commission will still get an opportunity to review the offender's sentence and make a judgment."
It should be noted that Shawn Henderson's bid for early release through parole was rejected by the State Parole Board, but because the diminution credits he was earning were already automatically paving the way towards his early release, he was released anyway in April 2006 -- six years after being incarcerated and four years before his sentence was up (Henderson's original sentence was 20 years, with all but 12 years suspended, plus a reconsideration that made it a 10-year sentence).
Henderson now stands accused of murdering Lindsay Harvey, who was killed on April 13, 2008 -- just two years after his release from prison. He is facing life in prison without the possibility of parole, and his trial is scheduled for Feb. 9, 2009.
"If you look at the crime rate in our area and the challenges that our police departments have to try and keep things calm in our area, they've really got their hands full, and if there's something that can help them out to do their job better, I think this is probably the least we can do," said Sen. King.
Sen. King said that while our proposed legislation has the support of other state legislators, she noted that there also a lot of defense attorneys in the legislature that will make its passage an "uphill battle."
One likely rationalization against capping diminution credits, said Sen. King, could be the fact that such credits are often used by correctional officials to get inmates "to do what they want them to do." But, she added, "there's got to be a rational point where we're not letting people out on the street that shouldn’t be there."
The dim credit legislation -- which has the full support of the Mayor and Council -- does not address the issue of sentence reconsiderations or the ability of judges to suspend sentences. When pressed about this by city councilman Ryan Speigel, Capt. Cunningham responded, "The reality is, given what we are faced with, at the [judiciary] committees that would hear this, we feel it's ambitious enough just to try to get this passed. I think there's no one who knows this issue that wouldn’t want both issues addressed, but the reality is that we need to pick our battles."
It is our belief that the criminal justice system is supposed to be protecting us from dangerous individuals like Shawn Henderson. The system in Maryland failed us in the worst way possible, by allowing a known violent offender to be released from prison long before he should have been. As a result, the life of a vibrant young woman who did nothing wrong and was loved by literally hundreds of people is now over.
Our lawmakers need to acknowledge once and for all that allowing violent offenders an easy path towards early release does not turn them into law-abiding citizens but actually endangers those of us who are. With your help, we may finally see real change in the state of Maryland.
The 2009 legislative session in Maryland begins in mid-January. Please write to your state representatives and tell them you support revamping the diminution credits system so that violent offenders can take no more than 15% of the time off their sentences.
Thank you for your support.-- David Udoff
Sunday, November 23, 2008
Support the Diminution Credit Legislation
"For offenders convicted of violent crime, they must complete 85% of their sentence, recognizing that they are eligible for Parole upon completing 50% of their sentence."
FOLLOW UP:
Meeting of the City Council to consider our request:
7:30 PM
Gaithersburg City Hall
31 S. Summit Ave.
(Old Town)
7:30 PM
Gaithersburg City Hall
31 S. Summit Ave.
(Old Town)
Friday, November 21, 2008
Udoff appears at the City Council Meeting
A representative of Justice for Safety asked the City to support legislation to require criminals to serve a majority of prison sentences that would make communities and streets safer. He referred to the murder of a Grove Park Apartment resident who was shot and killed in April 2008. The suspect had a violent criminal history and instead of serving a 12 year sentence, with diminutive credits, the suspect’s years were reduced for good behavior to six years. All concurred that the matter should be discussed at a future work session.
Contact your elected representatives and public officials
In the Judiciary Committee:
Joseph F. Vallario, Jr. Calvert & Prince George's Counties
Samuel I. Rosenberg Baltimore City
Curtis S. (Curt) Anderson Baltimore City
Victor R. Ramirez Prince George's County
Michael D. Smigiel, Sr. Caroline, Cecil, Kent & Queen Anne's Counties
Jeffrey D. Waldstreicher Montgomery County
At the Attorney General Office:
Attorney General Douglas Gansler
By phone: (410) 576-6300 or 1 (888) 743-0023 toll-free
By mail: 200 St. Paul Place
Baltimore, MD 21202
By email: oag@oag.state.md.us
At the Governor's Office of Crime Control & Prevention:
By phone: (410) 821-2828 or 1 (877) 687-900 toll-free
By mail: 4300 E. Joppa Road, Suite 1105
Baltimore, MD 21286-3016
By email: info@goccp-state-md.org
Joseph F. Vallario, Jr. Calvert & Prince George's Counties
Samuel I. Rosenberg Baltimore City
Curtis S. (Curt) Anderson Baltimore City
Victor R. Ramirez Prince George's County
Michael D. Smigiel, Sr. Caroline, Cecil, Kent & Queen Anne's Counties
Jeffrey D. Waldstreicher Montgomery County
At the Attorney General Office:
Attorney General Douglas Gansler
By phone: (410) 576-6300 or 1 (888) 743-0023 toll-free
By mail: 200 St. Paul Place
Baltimore, MD 21202
By email: oag@oag.state.md.us
At the Governor's Office of Crime Control & Prevention:
By phone: (410) 821-2828 or 1 (877) 687-900 toll-free
By mail: 4300 E. Joppa Road, Suite 1105
Baltimore, MD 21286-3016
By email: info@goccp-state-md.org
Thursday, November 20, 2008
In the news:
Montgomery killing attracts support for gun measure- The Gazette
August 8, 2008
A fatal attack on a Gaithersburg woman in April is sparking interest in Montgomery County to support a Baltimore city effort to cut in half the monthly good behavior credits certain Maryland inmates receive.
The change will keep gun criminals in jail longer, which could have helped prevent the Montgomery County murder, said Capt. Mitch Cunningham, director of the information support and analysis division for the Montgomery County Police Department.
Crime, punishment on some agendas- The Gazette
January 11, 2008
‘‘It’s a bipartisan effort because it’s an issue that affects Republicans and Democrats alike,” said Olszewski, noting that a convicted predator who lives in his district had his three-year sentence cut in half as a result.
Law-and-order issues may be a strong theme during this year’s session, he said. ‘‘I think it’s the sleeping giant of the session. It’s the thing that people aren’t talking about a lot, but are concerned a whole lot about.”
Murder suspect held without bond - The Gazette
April 23, 2008
Harvey, a DNA analyst at the Armed Forces DNA Identification Laboratory in Rockville, was shot after returning home from an evening out with friends and colleagues, according to police. Just before she was shot, she spent some time cleaning out her car, which was parked next to the trash bins, Gaithersburg Police Chief John King said during a county police meeting last week.
In October 2000, Henderson, then 18, was sentenced to 60 years in prison for his role in two armed robberies and one attempted armed robbery in which he and a Germantown man cut female victims’ throats from behind. All but 12 years of the term were suspended. The Germantown man is serving a 26-year sentence with nine years suspended.
August 8, 2008
A fatal attack on a Gaithersburg woman in April is sparking interest in Montgomery County to support a Baltimore city effort to cut in half the monthly good behavior credits certain Maryland inmates receive.
The change will keep gun criminals in jail longer, which could have helped prevent the Montgomery County murder, said Capt. Mitch Cunningham, director of the information support and analysis division for the Montgomery County Police Department.
Crime, punishment on some agendas- The Gazette
January 11, 2008
‘‘It’s a bipartisan effort because it’s an issue that affects Republicans and Democrats alike,” said Olszewski, noting that a convicted predator who lives in his district had his three-year sentence cut in half as a result.
Law-and-order issues may be a strong theme during this year’s session, he said. ‘‘I think it’s the sleeping giant of the session. It’s the thing that people aren’t talking about a lot, but are concerned a whole lot about.”
Murder suspect held without bond - The Gazette
April 23, 2008
Harvey, a DNA analyst at the Armed Forces DNA Identification Laboratory in Rockville, was shot after returning home from an evening out with friends and colleagues, according to police. Just before she was shot, she spent some time cleaning out her car, which was parked next to the trash bins, Gaithersburg Police Chief John King said during a county police meeting last week.
In October 2000, Henderson, then 18, was sentenced to 60 years in prison for his role in two armed robberies and one attempted armed robbery in which he and a Germantown man cut female victims’ throats from behind. All but 12 years of the term were suspended. The Germantown man is serving a 26-year sentence with nine years suspended.
Diminution Credits
What are diminution credits?
Diminution credits are mechanism to reduce prison terms. Credits are given as a reward for good behavior and the engagement in activities such as educational programs, special projects and work programs. Each credit reduces prison term by one day.
What’s wrong with diminution credits?
There is no evidence that diminution credits have any effects on successful correction or rehabilitation.
The allocation of credits is plagued with serious errors. An audit from the Office of Legislative Audits in 2004, found that the Department of Corrections misallocated diminution credits in 1/3 of the cases studied. Approximately 78% of these errors were in favor of inmates, with an average early release of 19 days. The average release for offenders serving 10 or more years was even higher (32 days average early release). More importantly, the auditors found lack of documentation for credits received for specific work assignments.
Currently there are no restrictions on credits for individuals convicted of crime in which a firearm was used.
Diminution credits are mechanism to reduce prison terms. Credits are given as a reward for good behavior and the engagement in activities such as educational programs, special projects and work programs. Each credit reduces prison term by one day.
What’s wrong with diminution credits?
There is no evidence that diminution credits have any effects on successful correction or rehabilitation.
The allocation of credits is plagued with serious errors. An audit from the Office of Legislative Audits in 2004, found that the Department of Corrections misallocated diminution credits in 1/3 of the cases studied. Approximately 78% of these errors were in favor of inmates, with an average early release of 19 days. The average release for offenders serving 10 or more years was even higher (32 days average early release). More importantly, the auditors found lack of documentation for credits received for specific work assignments.
Currently there are no restrictions on credits for individuals convicted of crime in which a firearm was used.
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