Approve Commutation Request

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Juan Rivas, 11A3744 was only 19 when he was charged in 2010 of Criminal Sale Firearm and Criminal Sale Control Substance in 2010.  He came from a very respectful family, attended private school and had an excellent upbringing.  However, Mr. Rivas fell into the wrong crowd and fast life of living in NYS.  He was received in the NYS Department of Corrections and Community Supervision on 8/23/2011.  Mr. Rivas received a Aggregate Minimum sentence of 0 years and a Maximum sentence of 16 years.  Mr. Rivas has completed more than 50% of his sentence in NYS prisons.  

During his time in prison he underwent surgery and has developed respiratory ailments and severe allergies and asthma that cause him to take several medications to sleep and function throughout the day.  Mr. Rivas is now 30 years old.  He is classified as a mental health inmate receiving services for depression and anxiety.  

Although Mr. Rivas is not innocent on his actions, Mr. Rivas was a child, acting in accordance to what he was told by his peers.  He acted on no recognizance and was forced to take the full sentence, while others received 1 year of probation for their participation in the crime; unjustly to charge the youngest participant in the case because he was vulnerable, threatened to receive 30+ years if he did not accept the plea amongst other things.

Mr. Rivas is now married and receives support from his family and friends.  His wife and family have developed a resume based on skills he has obtained in prisons to enable him to find employment when he is released in addition, are assisting and encouraging Mr. Rivas to complete his GED.  Mr. Rivas has been transferred several times that he has been unable to complete the GED exam, a flaw that the system is not trying to reintegrate these inmates back into society as law abiding systems, but expecting them to return to these prisons as failures when they were not provided with the adequate tools, resources and training to live productive lives outside of the systems walls.  His wife is employed as a Business Manager as well as owns her own party planning business and has been a strong support system for Mr. Rivas in the last 4 years.

This petition is to assist Mr. Rivas family and supporters move the commutation application along for immediate consideration and release of Mr. Rivas.