Neurotic, Compulsive Retention of Inmates; Justified?
We all understand the prosecutorial imperative to convict all potential defendants for law school reunion glory. The results of over-conviction and sentencing have been observable for 30 years. The execution of these excessive convictions and sentences has been a black box, of which 94% of inmates eventually exit from. Compared to false convictions [epidemic], illogical mandatory sentencing structures, malicious (take it personally) prosecutors and judges; the prison system is immune to analysis and question. They run free to (intentionally) miscalculate parole eligibility and release dates, capriciously deny parole, ignore relevant statutes, and generally run on their own secret playbook.
This is a neurotic compulsion to hold people; often in violation of law; for as long as possible. To whose benefit?
Here are some specific tactics that support this wrong and unhealthy compulsion:There are four deviations; intentional deviations from the law; inculcated into Colorado prison operations. They are: 1) don't parole illegal immigrants to federal ICE detainers (retain until mandatory release AND BEYOND); 2) intentionally miscalculate parole eligibility for multiple convictions; 3) no pre-sentence time credit; 4) [my issue] repeal of interstate corrections compact. All are systemic time computation deceptions; built in to the corporate culture of this deviant state agency.
Parole is a self-governing, no oversight agency. For issue #1 they ignored the statutory presumption of parole for illegal immigrants – holding them until mandatory release, at $37,000/yr., for whose benefit? Since being called out for that abuse they have denied ALL their parole hearings, stated that parole has been granted by a backdoor method, and refused to contact ICE. They must now file individual writs to compel the DOC to inform ICE [do their job] of their availability, OR be held indefinitely! They no longer have a mandatory release and have been illegally paroled to prison custody, w/o ICE notification.
Deviations #2&3 illegally extend the time before one may see the self-governing, no oversight parole board. Two legal precedents have told the DOC that the statute for calculating parole eligibility means what it says, and to abandon their “novel" creations – what is known as creative accounting. The DOC has responded that they “are developing a new methodology" that will “take time to implement." No mention of simple compliance with the “methodology" of the statute.
Issue #4 – also intentional ignorance of statute. Ten years ago some functionary, heading the Office of Interstate Corrections Compact (ICC), retired and locked the door behind himself. ICC is only an interstate contracting law, since 1937. Thus, any retiring bureaucrat may adjudge 80 year interstate contracting law moot.
Interstate Corrections Compact is distinct from the others in that it is a voluntary statute, for which inmates with no future intentions in Colorado could formerly apply.
This was an easy one for the DOC to block, and keep inmates intra-nationally snared. The others are parole and sentencing statues that define the very mission of those departments. What is their level of resentment and arrogance to redefine their legislated (lawful) mission? I shall answer with a fifth scenario; blatant fraud that equates to embezzlement of sentence time. Many annual reclassification evaluations are coming back with “written in stone" parole eligibility dates elevated to the mandatory release dates. The inmates who have had this criminal fraud imposed on them have enjoyed all the negative consequences – loss of half-way house eligibility, increase of custody points, potential regress to higher custody facility. This is, in criminal legal parlance, a knowing and premeditated act; executed to hold people longer.
So, to the question: Justified? Look at the numbers: 500 illegals already past PE (that have seen the parole board); 500-1000 more to be granted presumptive parole to ICE, at their PE; up to 3000 multiple conviction offenders that have missed parole hearings (and should be granted parole for denial of that earned civil right); ~750 inmates with no future intentions in Colorado, who would accept ICC to their home states. The DOC is fighting as dirty and vindictively as possible to keep 5000 extra people on their prison rolls. This is why they feel justified in their “by any means possible" rogue operations.
Epilogue: With the loss of staff at Buena Vista – reduced operations, borrowed staff from Cañon City etc. – the signal for population reduction could not be stronger. Yet neurotic/compulsive retention deceptions are too culturally ingrained for logic to prevail. [End]