Petition for Minimum Custody and immediate release. 

We the undersigned urge custody reduction for Artis Swafford and expeditious release to the community. 

Preface:

After 26 years, Artis Swafford is eligible for parole June 6 2019. He will appear before the Kansas review board (KRB) for this consideration May 2019.  It is a requirement under the program agreement entered with the Kansas Secretary of Corrections that he complete the work release program.  To go to work release he must spend at least 30 days in minimum custody. This petition is to urge a custody reduction to allow minimum custody, re-integration, and release into society.

 

This petition points out the void between inmates whose crimes were committed between 1988 and 1993 (here after old law) and those committed after July 1, 1993 when the laws changed.  It also shows the tax burden passed on to the citizen, a failing justice system, and another cause of prison overcrowding. 

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Meet Artis

In 1993, Artis Swafford was convicted of a crime that not only impacted the victim’s family, friends, and community it also changed the course of Artis’ life; incarcerated at 18.  Since then he has focused on rehabilitation and becoming a better person.

Artis participates in every program offered to him to improve himself. He earned a high school diploma and is now working on his associates degree in business.  Artis’s behavior has earned him positive reviews from his Unit team managers.  Artis has maintained a job and managed to save several thousand dollars.  Unfortunately, still, there are set backs. 

THE PROBLEM

On July 1, 1993, one of several Kansas new sentencing structures took effect. This left approximately 4,000 inmates (including Artis) in a most unique position.  One of the noble purposes of the 1993 law change was to eliminate the racial disparities in sentencing.  In practice however, that law is having a discriminatory impact.  

Because Artis’ was convicted prior to July 1, 1993 and being refused access to work release PRIOR TO appearing before the KRB, the prison portion of his sentence is being extended. The result: Artis has seen inmates who’ve been convicted of crimes with the same classification or who have been convicted of the same or worse crimes, enter prison after him but leave before him.  Artis and his fellow “old law” inmates’ sentences are 10, 15, and even 20 years longer than “new law’ inmates who committed their crimes after July 1, 1993 simply because they are allowed to have their risk levels reduced.  In 2012, it was estimated that Artis was one of about 400 of the original 4,000 inmates still living under the terms of this injustice.    

Google states the following as the average cost to house an inmate in 2015: 

"With an annual cost of about $24,500 per inmate, these new prisoners are costing the state about $28.4 million — a high cost in the face of Kansas' projected budget shortfall of almost $600 million for the fiscal year that begins July 1"

 Let’s say 250 of those inmates were still incarcerated in 2105, and each of their sentences were prolonged (which I show later in the petition to be improper) by 2 years because of the void created between new and old law.  That is a total of $6,125,000 that did not have to be spent by the KDOC which is  supported by tax payer money.  Rather than have that money for schools, healthcare etc, it is spent on housing inmates that have been rehabilitated and taken every step available to them to become a productive member of society be released back into the community.  

Artis entered into a program agreement with the Kansas Secretary of Corrections in 1993. In accordance with KSA 75-5210a which states he must successfully complete the work release PRIOR TO release. To complete this requirement Artis must reach minimum custody level.  He cannot do this without an exception to his risk level by KDOC.  Other than the “going before the Kansas Prisoner Review board,” the KDOC has articulated no reason why Artis should not be sent to minimum custody so he can participate in the work-release program.  Despite Artis’ efforts to inform the KDOC, the current personnel are primarily trained on the new law.  Unfortunately, this means they are not well-versed in “old law” issues.  This has allowed the very thing that the Secretary of Corrections sought to avoid when publishing KAR 44-6-107. 

Artis does not want to be set up for failure.  He has not been in the public for over 2 decades.  Society should also want him to go to work release to be viewed in a less structured environment that shows he is not a risk to society and to set him up for success upon release!  Successful re-integration balances on programs designed to promote safety for the public and the inmate and to prepare them for life in the community. 

Why minimum by exception is warranted.

According to the KDOC classification manual “Custody classification is the means by which inmates are assessed regarding the risk they present to themselves, other inmates, staff and the community, based upon a standard set of objective criteria. This classification instrument was developed to promote public safety and institutional order. It provides guidelines to place inmates in the least restrictive level of supervision required based upon their assessed level of risk.” 

The compliance with this criterion is not mandatory according to the KDOC rules. 

“If the criteria do not accurately reflect the level of risk the inmate presents, an exception to the classification system supported by documentation that either raises or lowers the inmate’s classification may be approved. Comments on an exception should include an assessment of the mitigating or aggravating factors that support the exception request.” 

Artis’ current risk level according to the Kansas custody classification manual is 8. He must be at 7 or below to continue to minimum custody.  According to the Re-entry Custody Review and Recommendation in the classification manual it says that an exception is needed for all inmates whose custody classification is greater than minimum custody 12-15 months prior to the inmates scheduled release date.  Currently Artis is 5 months from that date and that recommendation has not been made by the current Unit team. 

The Kansas Department of Corrections (KDOC) maintains that Artis’s risk level cannot be lowered because he has not seen the Prisoner Review Board.  Clearly, the wires are getting crossed between the technicalities of applying the new policies to “old law” inmates!    

A little History

In both 2015 and 2016 Artis Unit Team Managers at that time consistently identified that he has met the qualifications of receiving minimum as they have recommended him and support his efforts to complete the program agreement made with the Kansas Secretary of Corrections in 1993.  They give every indication that his risk has sufficiently lowered to achieve minimum custody.  However, the administration above those Unit Teams did not fully acknowledge the circumstances under which the request was made. It has been denied under the erroneous premise that he must first go before the Kansas Prisoner Review board.  

Under Kansas “Old Law” the prison portion of Artis’s life sentence was satisfied in 2007; he automatically began serving the Non-Class A portion of his sentence. KSA 21-4720 mandated that an inmate can only begin serving their next sentence when formerly paroled by the KRB from the off-grid sentence and paroled to their next sentence resulting in the inmate receiving a new classification which results in a change in their “risk” level.  Because Artis was sentenced under the “Old Law” system he was not given the same opportunity to be paroled formerly from his Class A sentence.  This is where the problem comes into play. 

Although easily overlooked the distinction between the laws is important because it created the void that Artis is trapped in.  Effectively, application of the new law has kept Artis’ risk level from being lowered, even though prior Unit team counselor and unit team managers have recommended him for minimum custody by exception.  Artis’ risk-level has not been lowered because KDOC’s system reflects no formal parole from his Class A felony to his Non-Class A felony.  The solution:  An exception must be granted by the Deputy Secretary of Corrections to lower Artis’ custody classification so that he may participate in the work-release program. 

Why is this happening?

The imposition of the new sentencing guidelines to inmates sentenced under the old law is stagnating Artis’ progression through the KDOC prison system and delaying his release.  The very first sentence in KSA 75-5210(b) states, “Programs of work, education or training shall include a system of promotional rewards entitling inmates to progressive transfer from high security status to a lesser security status.” 

Under the law in effect at the time the crime was committed, Artis was expected to serve consecutive terms for Class A and Non-Class A crimes.  The prison portion of the Class A sentence was served in 2007, at which time Artis began accruing good time on his Non-Class A sentence.  Under old law it was not a requirement for him to appear before the Kansas Prisoner Review Board before beginning service of time on his next sentence. 

Classification was designed to group and assess the risk level of an inmate when they first enter KDOC.  The risk is to decrease as they progress through the system by completing programs, good behavior, and showing signs of rehabilitation.  While this has proven to be effective, it cannot be in Artis’s case because they are not using the classification guide to lower his risk to allow him to move forward through the system.  Instead the Unit team is laying this responsibility at the feet of the Kansas Prisoner Review board.  This decision would be accurate under current laws, but it is not accurate under the laws in effect at the time this crime was committed. 

Who can change this?

According to the Inmate Management Policy and Procedures (IMPP) listed on the KDOC website it is up to administration, including but not limited to the Unit Team and Classification to prepare Artis for re-entry.  Exactly what is tax payer monies being used for if it is not to reintegrate inmates back to working members of society? 

It is the responsibility of the KDOC Unit Team to prepare Artis to go before the Kansas Prisoner Review board by removing any bariers that might keep him from being eligible at the moment he appears before the KRB for release consideration. 

The Path Home - How We Can Help Artis

First, please sign your name to our petition.  By this you are giving Artis the platform to keep advocating for and echo the problem before the KDOC. 

It’s time to tell the KDOC and the Kansas Legislature that these 400 inmates’ rights are no less fundamental than those of the “new law” inmates.  But for being convicted of crimes 60 days before passage of the new law, Artis would be home already.  Keeping these “old law” inmates incarcerated serves no just or useful purpose.  It does not promote fairness or economy.  It simply increases the burden on the corrections system and the taxpayers’ wallets. 

Second, please forward this petition to your family and friends and share it on social media.  Artis and others like him need your support they can get.  

Your support means so much and we thank you.   

 

With gratitude,

The Family and Friends of Artis Swafford