Parolees seek second chances amidst public safety concerns
By EVAN GOODENOW - H-P Staff Writer
Published: Sunday, May 23, 2010 1:07 PM EDT
Addicted to alcohol and crack cocaine,
Jennifer Cuyler began her road to redemption with an 18-month wake-up
call in prison.
"I was so mad at the judge who sentenced me,"
said Cuyler, a Coloma resident released Nov. 24. "Now I would kiss the
ground he walks on, if that makes any sense. There's really nothing I
could do to thank him enough."
Cuyler, 27, is one of a
record-high 13,541 prisoners paroled last year by the Michigan
Department of Corrections, whose prison population decreased about 9
percent from 50,233 at the end of 2007 to about 45,478 on Jan. 1.
Increased
drug laws and stricter sentencing led Michigan and the rest of the
nation's prison population to quintuple over the last 30 years despite
fluctuating crime rates.
However, Michigan - which has the
seventh-highest prison population in the United States - was second only
to California in prisoner reductions the last two years, said John
Cordell, a DOC spokesperson.
Cuyler, who said she has been clean
and sober two years, said she can't make amends to her deceased
grandparents, from whom she stole. However, Cuyler, the mother of
11-year-old and 7-year-old daughters, said she's determined to redeem
herself.
"I don't want to be remembered as a no-good mother or a
failure," Cuyler said. "I want to be remembered as the person who
grasped life and turned things around and accomplished things."
Parolees
like Cuyler don't often make headlines, but parolees like Donnell
Williams do. Williams, a parolee with a long and violent criminal record
accused of a violent crime shortly after his release, is a parole
board's worst nightmare.
Paroled on Jan. 7 after serving 31⁄2
years of a 3- to 20-year sentence for a stabbing, Williams has been
accused of wounding 4-year-old Zaniyah Anderson on April 9 in Benton
Harbor.
Witnesses said Williams was shooting at a car whose
driver he had been feuding with. Zaniyah was hit by a stray bullet and
suffered spinal cord damage. She has been unable to walk since the
shooting. Doctors don’t know if the paralysis is permanent, according to
Barbara Brown, Zaniyah’s grandmother.
Who’s to blame?
Berrien
County Prosecutor Arthur Cotter believes the parole board abdicated its
responsibility in Williams’ case.
“This parole board has
basically said, ‘We will no longer exercise discretion and will let
people out after the minimum sentence.’” Cotter said. “If they don’t use
that discretion, what do we need a parole board for? Everybody gets out
after the minimum.”
Brown disagrees, and said Williams, rather
than the parole board or prosecutors, is ultimately responsible for his
actions.
“I’m all for people getting second chances, but I think
his minimum (sentence) should’ve been higher,” Brown said of Williams.
“The parole board really didn’t do anything wrong. His minimum was three
years, and he did 31⁄2 years.”
Last year the
corrections department had the lowest parole revocation rate since it
began keeping such statistics in 1987. Revocations are down 35 percent
since a record high in 2002, despite a 43 percent increase in the parole
population since that year, but Cotter contends that’s nothing to brag
about.
Cotter, who helped persuade a judge in March to overturn
the parole of convicted murderer Steve Sanders, said Williams’ parole
should have been revoked by the board in March.
Cotter said
police caught Williams taking drugs in March. “Not only are they letting
them out without exercising discretion, they won’t send them back to
prison unless they commit another violent offense,” he said.
The
DOC’s Cordell counters that parole officers have adopted a more
discretionary approach that balances cost and public safety. For
instance, a parolee testing positive for drugs might receive counseling
or treatment in the community rather than in prison, where it’s more
expensive.
“We’re not using zero tolerance for every parole
violation,” Cordell said. “That’s just not reasonable.”
Stats
vs. common wisdom
Cotter emphasized his concern is not
nonviolent convicts such as Cuyler being paroled, but violent prisoners
being released too soon and endangering the community.
Conventional
wisdom is that violent criminals are more likely to commit another
crime than are people convicted of property crimes when released from
prison.
But an extensive analysis of corrections statistics
refutes this. The August study, by the nonprofit Citizens Alliance on
Prisons & Public Spending, tracked the first four years convicts
were released in Michigan.
Of the 76,721 prisoners the state
released between 1986 and 1999, the study says 4.5 percent returned for
crimes against a person. Of the 2,558 murderers released, 69 (2.7
percent) returned for crimes against a person, and 14 (0.5 percent) for
another homicide. Prisoners convicted of property crimes such as
burglary or larceny had the highest recidivism rate, about 45 percent
(24 percent for new crimes, 21 percent for parole violations).
Released
sex offenders are even scarier to the public. Laws restricting the
freedom of paroled sex offenders are often proposed due to fears they’re
likely to reoffend, but the study found otherwise. Of the 6,673 paroled
sex offenders, 280 (4.2 percent) were returned for a crime against a
person, and 204 (3.1 percent) were returned for a new sex offense.
Over
all, 37 percent of the prisoners returned to prison within four years
for new crimes or parole violations, according to the study. The most
recent recidivism analysis by the department tracked prisoners released
in 2005 and 2006 for three years. They had a 39 percent recidivism rate,
Cordell said.
Barbara Levine, Citizens Alliance’s executive
director, emphasizes the prisoners her group tracked were released
before the 2005 creation of the Michigan Prisoner Reentry Initiative, a
recidivism reduction program credited by the corrections department with
an approximately 32 percent recidivism reduction rate in high-risk
parolees compared with 1998 standards.
Levine said that in 1992,
after then-Governor John Engler stocked the parole board with political
appointees on a “get tough on crime” mission, parole was being revoked
based on a prisoner’s crime rather than his prison record or likelihood
of reoffending.
Levine, who supports reinstituting credits for
good behavior, which would reduce sentences, believes if a prisoner has a
good record while behind bars, then he should serve the minimum
sentence. “Using the nature of the offense is actually counterproductive
in terms of evidence-based decision making,” Levine said.
Levine
acknowledged that parole board members don’t have crystal balls and
that a small number of prisoners statistically scored to have a low
probability of reoffending will commit violent crimes.
“How many
people do you keep in because of the risk of three people out of 100 who
will recommit?” Levine asked. “There’s a limit to the power of human
prediction and what’s reasonable to expect of the board.”
Tom
Hendrickson, Michigan Association of Police Chiefs executive director,
said he’s sympathetic to the dilemma faced by parole board members and
the association doesn’t take an official stance on whether parole is too
lenient or strict. But Hendrickson said early parole makes policing
more difficult.
“One failure of our criminal justice system is
not meting out swift punishment,” Hendrickson said. “I’m not a strong
advocate of long prison sentences, but at the same time, in law
enforcement we have to look at individuals, and some of these people
released do commit some heinous acts.”
Paying her debt
Cuyler
understands why people are suspicious of parolees. In prison, she said
some inmates were halfhearted about rehabilitation, and some actually
liked life behind bars. But she said she used her time productively,
throwing herself into alcohol and drug rehabilitation classes, job
training, parenting and self-help programs.
Cuyler now works
part-time as a waitress and about 20-hour weeks as a caregiver to a
friend’s elderly parent. Scheduled to complete parole in May 2011,
Cuyler said she continues to attend drug treatment and self-help classes
despite graduating from them. Cuyler said she continues to maintain
close contact with her parole officer and counselors at The Opportunity
Center in Benton Harbor, which helps parolees in Berrien, Cass and Van
Buren counties find jobs as part of the MPRI program.
Cuyler said
there needs to be more inpatient drug rehabilitation for prisoners and
parolees and more job opportunities for parolees reintegrating into
society. But she said parolees who say they can’t get a job or stay
crime-free are copping out. Cuyler said seeing people she knows who
remain addicts reminds her of how low she sank and increases her desire
to stay clean.
While drug-free for two years, Cuyler still
considers herself an addict.
“At any moment I could relapse,”
Cuyler said. “I’m not going to say that I will, but there’s always the
possibility. Anything can happen.”
Cuyler said she partially
deals with her fears by remembering she still has to make amends to her
victims.
“They can accept it or they can’t,” she said. “Hopefully
they do and see what I’m doing now is something completely different
from who I was then.”