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Parole Transfer

This petition had 65 supporters

My Story;

Although there is much to tell in my situation this post is for one purpose, to explain what happened to me in my denied parole transfer and why I feel I and other Parolee’s should be allowed to go home.

I was released from prison in Dec. 2007 after doing 7 months longer then my sentence in Colorado. Upon being released someone attempted to take my life. My Parole Officer did nothing to help and instructed me to go to the Denver Shelter despite my having money for a parole approved motel and despite the shelter being where the attack took place. My options were to go to the shelter or to Jail. I went back to the shelter where I was unnecessarily forced to be homeless. I ran in to the same people who made the first attempt on my life, still my Parole officer forced me to remain in that situation, I panicked and absconded from Colorado, I went home to my wife and kids in NYS. 6 months later I was picked up in NYS and extradited back to Colorado Prison for absconding. I was again released to mandatory parole (mandatory parole is parole after a person served all their time, only 3 America states practice this form of Parole, Colorado being one of them), I was released Feb. 2009. I attempted to get a transfer back home to my wife and kids in NYS but was denied by NYS based on two issues, one a dismissed case of mine over 7 years ago and the second reason being they said my wife was uncooperative during the retaken of me which wasn’t in any way true, if it were true she’d of been charged as per law, she wasn’t charged because she pointed me out, she wasn’t resistant. The interstate Compact states due to my wife living in NYS my transfer is mandatory, however NYS decided differently. This confuses a lot of people.

Why I want to go home;

1) for obvious reasons, it’s where I live and where my wife owns our house and where my kids are.

2) because according to NYS law I have to financially support my wife and kids and fulfill Colorado Parole requirements while trying to support my self. It makes more sense that I go home and support one household. NYS wont let me go home but they want me to support the household I cant be in.

3) My wife and I both have financial issues. This country preaches about family first and staying off the system but they defy their own system and punish us for it. If they allowed us and every other family to be a family in the same house we’d be two working adults with no need for baby sitters, paying our own bills. Seems it saves the state and us money. Keeping families apart only makes fatherless children, increase in welfare and benefit payout and in the end it creates divorce.

4) At home in NYS I have my wife and kids and all of my support. My support is in WNY, in Colorado I don’t have family or friends, I have no one at all. I am completely alone in Colorado.

5) My Mental and physical well-being are in jeopardy in Colorado.

My Goals are to get the laws below enforced and to get me and every other Parolee sent home to our families and our support system. Here are the laws I’m hoping to accomplish;

1) Clearer laws and regulations with Parole transfers. The interstate Compact says “resident family” is a mandatory transfer yet the receiving state is still allowed to deny that transfer with out any formal investigation. I would like the law to be more specific in this area and Parole should be forced to do a complete and through investigation and submit their findings and evidence of fact to each party with the right to appeal.

2) When a parole transfer would be in the Parolee’s best interest for reasons that include; better support system, better opportunities, better mental and/or physical well-being for the Parolee and a higher success rate in the transfer, then the Parolee should be permitted to make the transfer with out delay. If housing is deemed unfit the Parolee should have the opportunity to still make the transfer to a Parole approved Motel or housing unit if he or she has the funds to get started on their own in that state.

3) NO Parolee should be forced to remain in a state where he or she has no support system, where his or her mental and/or physical well-being would be hindered by remaining in that state, where the Parolee would be homeless in the state they are Paroled in but has a home in another state, and/or if the opportunities in another state better support the Parolee’s success rate. In this case the Parolee should be permitted to transfer to the state that best supports him or her with out delay.

4) Any case on a Parolee that is 7 years old or older should not be used in determining a Parole Transfer, Parole classification, rather or not a Parolee can live with his or her spouse or any other issue that hinders the Parolee’s success in his or her transfer. Once a case is at least 7 years old it should be excluded in the determination of a transfer and everything to do with the transfer as long as the offense was not repeated during those 7 years.

5) If a Parolee absconds or violates Parole in a similar manner and the reason for the violation was due to safety issues or issues related to the Parolee’s mental and/or physical well-being, the Parolee should be allowed to obtain legal counsel to determine/argue the accuracy of the situation, if deemed accurate this violation should not be allowed to be used in the determination of the Parole transfer by the receiving or sending state nor the Interstate compact.

If you agree with these laws and would like to help send Parolee’s home to their families and better support plans then please sign this note and help families come together, increase the Parolee success rate, reduce welfare disbursements in some households, reduce the fatherless child rate, reduce the re-entry rate and all the other good things that come to people and in some cases our nation when allowing us to be a family in the same household.

Thank you for your time and support.

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