After a long absence, we are back in business. If you have a need to express your frustration, anger, or cynicism, come on board! The APA is still exercising its authority without any governing body to control it. Isn't it time for this lack of oversight to be remedied?
SENATE BILL 149 reintroduces Parole Board Reform to Ohio Legislature for consideration. Senator Louis Blessing is the sponsor. Please check the ORC site or the Gongwer site listed below for the bill in its entirety. Many Ohio prisoner advocates are disappointed with the bill's provisions. Read it for yourself, then let us know through the guest book feature what you think.
MISSING CHILD HAS THE STATE OF OHIO SEARCHING FOR HER WHEREABOUTS
Missing since Sunday afternoon (February 7, 1999) Erica Baker, 9 years old, is still missing. Please click on the below address for information about her.
ACTIVEDAYTON.COM
New Feature -- Sign Our Guestbook. What do you think about this site? What issue do you want to know more about? Which articles did you find particularly informative? Let us know. Click here for access to the Guestbook "LookingINside."
Pittsburgh Post-Gazette 10 part series on prosecutorial misconduct and the loss of the presumption of innocence in the US Federal court system is worth your while to read.
If the tactics of Ken Starr's prosecutorial team struck you as violative of guaranteed civil rights protection, and his nonchalant comments as to the "standard prosecutorial investigatory procedure" alarmed you, this series serves as an emergency flare in the darkness of our nation's current zealous pursuit of supposed wrongdoers in the War Against Crime that has been waging for over ten years. Read about the innocents wrongly prosecuted and imprisoned, all in the name of criminal justice. Just who are the real devils in this Faustian deliverance of our protected constitutional rights to the politically charged chambers of the prosecutor?
Click here for link:
Win At All Costs by Bill Moushey
Parolees -- You have the right to serve as part of the electorate. See Section 2961.01 Send us your feedback on these changes.
While some debate exists currently as to when Ohio prisoners lose their right to vote, family members and friends of prisoners, YOU have that right. VOTE for the candidate of your choice based on the issues and your conscience.
Senate Bill 2 is now available through the Gongwer site.
Ohio Supreme Court renders decision about retroactivity of SB 2.
[Cite as STATE v RUSH(1998),__Ohio St.3d__.] -- OSCt denies any proposition that S.B 2 has any retroactive application under any section of old law or new law.
UPDATE -- JAN 13, 1999 -- Ohio Supreme Court overturns appeals court decisions in three separate cases related to post SB 2 legislation.
In another defeat for prisoners litigating for equity in sentencing to SB 2 guidelines, the Ohio Supreme Court, using State v. Rush as its argument, today overturned appeals court decisions in Cuyahoga County that had allowed defendants convicted under pre-SB 2 statutes to serve time under SB 2 guidelines. Click below for link to State v. Lundy, State v. George, and State v. Woodson.
For the complete decision, go to the Ohio Supreme Court site, click on Opinions, click on 1998, scroll down to No. 97-1778, click and read.
Click here for Ohio Supreme Court site:
OHIO SUPREME COURT
Recently, we received an email message about rumors circulating that the APA now has an option for TPVs.
Contained under Section 2967.141(B)(2) of the O.R.C., part of Amended Substitute SB 111 (eff March 17, 1998), the language is clear: The Department of Rehabilitation and Correction, through its division of parole and community services, may operate or contract for the operation of one or more violation sanction centers as an alternative residential facility....A violation sanction center operated under authority of this division may be used for either of the following purposes. (2)Service of a sanction that the Adult Parole Authority or Parole Board imposes upon a parolee whom the Authority determines to be a parole violator because of a violation of the terms and conditions of the parolee's parole or conditional pardon.
Click here to access the O.R.C.
Ohio Revised Code
Please note the following links to read more about the Youngstown private prison, prison privatization industry, and the huge profits that make investing in this industry an inducement for its continued growth.
Youngstown's Deadly Bargain by David Phinney
AND Crime and Punishment by Ted Koppel
Americans With Disabilities Act applies to state prisons
US Supreme Court ruling:Pennsylvania Dept. of Corrections v. Yeskey, No. 97-634 (1998)
Argued April 28, 1998
Decided June 15, 1998
Held: state prisons fall squarely within Title II's statutory definition of "public entity," which includes "any . . . instrumentality of a State . . . or local government." Sec. 12131(1)(B).
JUSTICE SCALIA delivered the opinion of the Court.
What this means is if a loved one of yours has been denied entry into a prison program because of physical limitations or mental health reasons, you have grounds for a legal suit against the state department of corrections for violating the ADA. For a full text of the opinion of this ruling go to
The US Supreme Court Database for the Current Session
WE at FADS encourage you to visit the Ohio Government site listed below so that you can stay familiar with what Ohio posts onto the Internet. Also, the Gongwer site has a direct link to the analyses and progress of all Senate and House bills introduced available for viewing and downloading. We encourage you to ask your legislators to obtain E-mail addresses so that messages can be left for convenience and the economics of saving on long distance calls. A "considerate" legislator should understand that.
CURE-OHIO's new web site is now available for access through this site. See below for the new link.
PLEASE Families inform your loved ones that FADS cannot serve as legal advisor to any prisoner. By sending us any litigation for display on the web, the prisoner does not ensure legal action on his behalf by FADS. We are not set up to perform this service. We are here to make the prisoner's voice available to the Net public and to inform families of legislative action on prison/prisoner issues.
Added OCT 14 -- CIIC POSITION PAPER in Two Parts.
Also, click on CURE-Ohio's latest Minutes for More Info on Ohio Rallies, Petitions, and PRAC, the Prisoner Grievance Committee begun by Alphonse Gerhardstein.
If these articles are unavailable for viewing here, go to the geocities site. address http://www.geocities.com/CapitolHill/Lobby/4323
Our plans include:
Exploring legal remedies to correct the disparities. Writing letters to legislators for CHANGES in the law. Gaining the right of "liberty interest" for prisoners eligible for parole. Informing the public of the current practices of the Ohio Department of Rehabilitations and Corrections ODRC including:
Ohio Adult Parole Authority OAPA full discretionary powers. Guidelines in use without mandatory enforcement. Retaliating against prisoners who file grievances or who stand up for their rights. Funding expenditures that are excessive and wasteful.
These are just a few of the topics that will be featured on these pages.
We welcome letters of support, "whistle blowing," or just "blowing off steam." Prisoners, your identity will always be kept confidential unless YOU request otherwise.* Family members -- it is time to come out of the shadows and to support our incarcerated Loved Ones.
Let's face it -- Ohio now has around 48,000 prisoners in the 30 minimum, medium, close, maximum, and super-maximum security prisons that litter the state's landscape. And the state keeps building MORE!!! If WE, the families of prisoners and prisoners alike, do not get involved, then CHANGES will never occur. Let's make things FAIR now!!
WE are FADS. WE shall remain in force until the CHANGES we seek are Accomplished
EMAIL:ntenney@earthlink.net -- our updated email address