Saturday, May 31, 2014

And Justice for All….

The Utah Prison Support Group is working hard to change the way Offenders are sentenced in Utah. There has to be a better way and we are meeting with legislatures as well as the Commission on Criminal Justice to see that this better way is found.

We have followed the Prison Relocation Committee (PRADA) closely and have attended several of the Commission on Justice meetings.  In early spring of 2014 the group’s founder spoke at one of the public meetings of the Commission. At this meeting, more than 100 citizens were in attendance and approximately one fourth of them had the opportunity to speak. The consensus of those speaking was that there needs to be a reformation of the Utah Sentencing Guidelines. Many Offenders are being incarcerated far beyond the Sentencing Guideline Matrix and some are not spending any measurable time inside. This was brought to the attention of those sitting on the Governor appointed commission.

Here is an excerpt from our presentation at the meeting:

The following examples show the differences in sentencing. There are many of us who feel very strongly that the manner in which Criminal Sentencing is mandated by the Utah Legislature needs a major overhaul.
One evening a man and a woman began drinking. Later an argument began and escalated into a physical altercation. This altercation was not one sided, although the victim (the woman) said that it was. The man was arrested and placed in the County Jail.

A pre-sentencing investigation was ordered and the PSI stated that this man fell into the 24 month recommended time to serve on the Sentencing Commission matrix. His classification was Row 1, Category G.

Fast forward again to the sentencing. Oral arguments were made and one charge was merged. Because of this change, another PSI was ordered. Nothing changed in the investigator’s report; a good example of “copy and paste” by a state official. The recommended sentence was once again, 24 months as per the Sentencing Commission guidelines. Sentencing was pronounced and the indeterminate range of one to fifteen years was given. The man was committed to UDC. Six months later, an Original Hearing was held before the Utah Board of Pardons and Parole.  The hearing officer, in open court and on the record, stated that the recommended time was 24 months - his matrix time. Six weeks later, the Board of Pardons and Parole pronounced his fate: he would serve the entire 15 years with credit given for the time he had already served.
Now keep in mind, this man had NO prior criminal history. His prison record since being committed to UDC custody was, and still is, impeccable. None of this was taken into consideration at the time of the BOPP decision. What was taken into consideration was the revenge the victim wanted and that was gotten through once again, changing her story under oath. This happened in Utah County.

In a second scenario, a man was charged with Aggravated Kidnapping and Aggravated Assault – Domestic Violence, a F1 and F2 charge; Very similar to the first Offender. According to the story in the Salt Lake Tribune, “Police found the woman barely conscious in a bathtub…a security video showed the Offender dragging the woman back inside the apartment as she tried to crawl away, according to court documents.” Because of a plea bargain, this Offender received a sentence of one year in jail, 36 months probation and 50 hours of community service. This case was heard in Salt Lake County.

In a third case, also heard in Salt Lake County,  an Aggravated Assault - Domestic Violence case (F2), an Offender was given but 90 days in JAIL and ordered to complete 75 hours of community service. And this is after his victim received 65 staples to close a gash in her head!

Why the differences in sentencing? Seems that the Guidelines are clear as to what the Commission feels should be the punishment. Why is it ignored?

We have presented the Commission with viable alternatives and have gone on record that the Board of Pardon and Parole must be changed. The “Good ‘Ole Boys Club” no longer works in 21st Century sentencing!

Now, in order to help YOU, Utah Prison Support needs your help. We are currently gathering information on those Offenders who are over Sentencing Matrix. We will be compiling the facts and presenting them to the Commission on Criminal Justice. What do we need from you? We would like the following:
1.       Offender number
2.      Age
3.      Matrix recommended sentence
4.      BOPP decision
5.      Class of Offense: F1, F2, F3 and whether or not it was against a person
6.      Date of incarceration
7.      Date of next BOPP hearing
Please send to the address below. We would like to present the findings at the July Commission meeting in Salt Lake.

If you would like to receive the newsletter, "and Justice For All", please drop us a postcard requesting your name be added to the mailing list.

Utah Prison Support Group
PO Box 988
Gunnison, UT 84634