Report blasts parole system

Molly Ball

Tuesday, Dec. 27, 2005 | 8:32 a.m.

An internal report by the Nevada Department of Corrections paints a damning picture of the state's parole system, saying it wastes resources, undermines attempts to rehabilitate convicts and may be increasing criminal recidivism.

The report says the Corrections Department's attempts to rehabilitate prisoners so they could be safely released were being frustrated by a parole system that was reluctant to let inmates out of prison.

Because of the parole agencies' harsh and arbitrary decisions, the report contends, the Corrections Department was unable to stem the mounting costs of an ever-increasing prison population.

Corrections Department Director Glen Whorton, who took the position in September, said the report's assertions did not represent the current views of the Corrections Department. He said the department's relationships with the agencies responsible for parole were good.

"It's just a lot of innuendo," Whorton said of the report.

Whorton took over after former director Jackie Crawford resigned. Although she said she was leaving the job because of medical problems, her resignation came after an audit showed she had improperly authorized early inmate releases. It is widely believed that Crawford was pushed out because she was perceived as too soft on criminals.

The report was written in the last year before Whorton took over. It has not been publicly released, but a copy of the report was acquired by the Sun.

The report relates several factors that it calls "a 'perfect storm' of conditions" relative to the way criminal offenders are managed in Nevada.

To address this, "Imminent action is necessary," it states.

Criminal offenders are dealt with by the state in several different ways. They may be sentenced to probation by a judge, meaning they are supervised by a probation officer but don't go to prison as long as they behave.

They may be sentenced to prison for a range of time with parole possible after the minimum. For example, a sentence of five to 15 years would mean the offender was eligible for parole after five years and must be released within 15 years.

On parole, offenders are supervised by a parole officer to help them ease back into society outside of prison. Offenders may also be enrolled in community programs such as halfway houses to ease their transition.

Keeping offenders in prison is the most expensive of these options, the report states.

"Nevada remains one of the few states primarily utilizing the most expensive corrections options to address virtually all criminal conduct," the report states. Nevada ranks fourth among states for the percentage of the correctional population that is incarcerated, according to federal statistics.

Whether an eligible inmate is paroled is decided by a board of commissioners appointed by the governor. But rather than being concerned with keeping the public safe and helping inmates transition into society, the board's concerns seem largely political, the report states.

"The Board of Parole Commissioners demonstrates little belief in the concept of rehabilitation and sees its job as guaranteeing that an offender 'does not make headlines,' " which might reflect badly on the board, the report states.

The report shows that the release of inmates from prison in Nevada is haphazard and arbitrary, the state American Civil Liberties Union's president, Richard Siegel, said after reviewing the report.

"People think the criminal justice system works with some kind of rationality," Siegel said. "It doesn't. It's very political."

The report expresses dissatisfaction with a parole system that often frustrates the objectives of the corrections system, he said.

"This indicates that at a systemic level, the system is not working, and people within the system are not happy," Siegel said.

Whorton said he was unaware of such discontent. After reviewing the report, he said that it quoted incorrect or misleading statistics and its points couldn't be substantiated.

"It looks like there's an agenda here," Whorton said. "To me, this document doesn't have any credibility."

Whorton also defended the Parole Board.

"I think the Parole Board is doing the very best job they can, understanding that they have very specific statutory mandates about who they let out into the community," he said.

Parole Board Management Analyst David Smith also said the report's analysis of the board's actions was incorrect.

"The Parole Board operates within the guidelines of the law and is not abusing its authority in any way," he said.

But according to the report, the Nevada Parole Board is notorious for turning inmates down. Fewer than half of those eligible are usually paroled, and those convicted of the most serious crimes, Category A and B felonies, often go before the board "as many as five times" before being released, the report states.

Whorton noted that A and B felonies are the most heinous, violent crimes, such as rape and murder.

"I would be concerned if they were getting out quickly and easily, and so would the community," he said.

The report notes that the Parole Board may believe that it is being "tough on crime" and protecting the public by refusing to let inmates out of prison. But in fact, research has shown that criminals convicted of less serious crimes are more likely to reoffend after they leave prison if they are kept locked up longer, it states.

"Thus, Nevada's parole practices may actually be contributing to recidivism, rather than reducing it," the report states.

A Nevada law requires inmates to be released one year before the end of their sentence so they can be supervised on parole for a year. The statute provides an exception for inmates who are thought to be exceptionally dangerous.

But the Parole Board exploits this exception to keep numerous inmates from being released, without any explanation, the report states.

"Basically, the exception in the statute has become the rule," it states. "Thus, the Legislature's intent to ensure that every parolee undergoes at least one full year of community supervision and assistance is being thwarted."

Many inmates are paroled with less than six months before the end of their sentences. This means they don't have enough time to reestablish their connection to the community before being cut off, and may not be supervised for long enough to be sure they stay out of trouble, the report states.

Parole supervision is conducted by a division of the state Department of Public Safety. Department spokeswoman Kim Evans said the report's concerns weren't legitimate because they didn't reflect Whorton's views.

"The current director of corrections has indicated to us that this is an irrelevant, politically motivated document that has no bearing on the current philosophy of corrections," she said.

Inmates may also have their sentences shortened by the state Board of Pardons. When this happens, which is rare, the Pardons Board usually makes such inmates eligible for parole early as a way to ensure they receive supervision upon release.

But the Parole Board never releases these inmates on parole, the report states.

"Clearly, the Parole Board does not consider itself to be required to comply with the intent of the Pardons Board," the report states.

Whorton refuted this claim. He said that if Pardons Board members truly intended to release an inmate, they could do it themselves.

Even when the Parole Board does call for an inmate to be released, it may not happen, the report notes. The board's orders are often conditional, requiring an inmate to find housing or pay restitution or meet other criteria.

Because housing and other services are often unavailable in the community, "At any given time, there are a few hundred inmates who have been granted parole serving out their sentences in prison," the report states.

The report's conclusions should spur major changes in Nevada's parole system, said Nevada ACLU Executive Director Gary Peck.

"People who do not necessarily pose a threat to the community are languishing in prison for long periods of time," he said. "There are not adequate resources dedicated to trying to prepare them for life on the outside or helping them reintegrate to the community to make sure they don't end up back in prison."

Peck agreed with the report's conclusion that the Legislature should pass reforms to Nevada's parole procedures.

"It's easy to talk about 'getting tough on crime,' but that kind of rhetoric doesn't protect the public," Peck said.

Molly Ball can be reached at 259-8814 or at molly@lasvegassun.com.

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