Category Archives: Concerns With the Board of Pardons and Parole

Reform Proposal For Montana Corrections and Parole Board

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The increase in the prison population of Montana prisons is well known and documented and has recently lead the Montana Legislature to appropriate Millions of dollars for increased capacity at Montana prisons for medium security inmates. It costs nearly $90 per day to incarcerate an offender but only $5 per day to supervise an offender on parole and according to the 2011 biennial report of the Board of Pardons and Parole, 72% of the correctional population is eligible for parole but 60% of those people are denied parole on their initial appearance before the Board of Pardons and Parole.

Persons with loved ones in the system have voiced concerns to the Law and Justice Interim Committee regarding a strong dissatisfaction with the operation of the Board of Pardons and Parole for many reasons, and the Board has an obligation to the State not to contribute to the overcrowding of an already financially strapped corrections budget by not denying eligible offenders who display rehabilitation and have completed all required programs. Thus these documents have been drafted in an attempt to bring justice and reform to what is at this point a largely overcrowded system being bogged down by a non functional Board of Pardons and Parole, a BOPP that is not doing their job to the best of their abilities should be investigated, reformed, and made to work in the interest of the taxpayers and not in its own selfish interest or that of the prison industrial complex.

In fact the BOPP’s own website states that “The Montana Board of Pardons and Parole envisions a parole and pardon system that promotes fair and consistent decisions based on public safety, victim concerns, successful inmate re-entry, and sensible use of state resources.” However, despite this mission statement they are doing nothing of the sort!

The following documents lay out a plan to investigate and reform the Board of Pardons and Parole and other elements of the corrections apparatus in Montana so that it represents the best interest of the people of Montana.

Joint Resolution Requesting Study of the Operations of the Montana Board of Pardons and Parole (Updated) (DOWNLOADABLE PDF

An Act Establishing a Statewide Multi-agency Reentry Task Force for Paroled Offenders (DOWNLOADABLE PDF)

An Act Establishing the Corrections Advisory Council (DOWNLOADABLE PDF)

Or you can see the documents displayed in full at this link: http://citizensforclive.org/legislative-reform-proposal-for-montana-corrections-and-parole-board/

 

 

Is Racism Still Alive in America?

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The term “racist” has become almost as offensive to Americans as the “N” word is. Calling the average American a racist will elicit a varied response, but most Americans will be offended, and will defend their minority friendly credibility with a story about their black friend, a count of the minority friends on their Facebook friends list, or even the fact they voted for Barack Obama.

The media is generally quick to accuse politicians and superstars of making “racist comments” even though some of these comments taken in context may not have really been racism. Calling someone a racist can be a weapon in politics, if you can convince voters that one candidate in any race is a racist, the negative publicity can change the vote.

With the general attitude in the mainstream being very anti-racist on the surface, generally we feel that in our country we have “moved past that”. After all we elected our first black President, so we cannot be a racist nation right?

Despite all of this, racism is still alive in America. Recently I was talking to a black friend who lives in a small town in Montana. In her place of employment a group of customers were discussing the upcoming election, debating whether they would vote for Barack Obama or Mitt Romney. A few of the customers were calling Barack Obama a “ni**er” right in front of her. She was absolutely hurt, not just that they were making this racist slur, but right in front of her while she stood there listening. She burst into tears. How could these people hate her so bad that they would do that? It is the year 2012, haven’t we moved past that?

The Associated Press developed surveys, which were administered online, to measure sensitive racial views in several ways and repeated those studies several times between 2008 and 2012. In all, 51 percent of Americans now express explicit anti-black attitudes, compared with 48 percent in a similar 2008 survey. When measured by an implicit racial attitudes test, the number of Americans with anti-black sentiments jumped to 56 percent, up from 49 percent during the last presidential election. Overall, the survey found that by virtue of racial prejudice, Obama could lose 5 percentage points off his share of the popular vote in his Nov. 6 contest against Republican challenger Mitt Romney. **

So in truth a deep seated racism still exists in much of our culture. If it can affect the outcome of the Presidential election, it surely can affect the board of pardons and parole. If average everyday Montanans can be blatantly racist when speaking of the President of the United States, they can certainly be so when speaking of a felon looking for a chance to live again in society and prove he or she has changed.

It is about time that we here in Montana weeded out the racists from the Board of Pardons and Parole, the judicial system, and our local police departments. They exist, they hold these positions, and it affects the lives of real people every day. Do you want your tax dollars supporting racially motivated oppression in your home state? Maybe it is time we admitted we haven’t moved past that, and we worked to ensure equality for our fellow citizens.

**Click here to read the article regarding the Associated Press surveys and the presidential election.

Montana Board of Pardons and Parole response to Clive Kinlock’s request for reappearance

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Recently Clive Kinlock sent a letter to the Board of Pardons and Parole regarding a reappearance to hear his plea for parole after serving over 20 years and becoming a model inmate and inspiration to his peers. The response from the BOPP is curt and rude.

letter to the Board of Pardons and Parole

Joy Wellington’s Statement to the Law and Justice Committee

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“Greetings Mr. Chairman and members of the committee,

By this statement we are appealing to you to hold the DOC accountable to its stated mission of ‘Corrections’ instead of perpetual and unforgiving punishment.

Clive Kinlock has 11 years clear conduct, which actually should be closer to 14.  Yet at his March 2009 parole hearing he was denied for EIGHT YEARS.  They say they will review his case in 2014 but they will absolutely refuse to consider his release until 2017!   This additional cost to the state comes to about $235,000 more than the already $585,000 his incarceration has cost the taxpayers.   The reason they recently gave to former Warden Mr. Mahoney is that Mr. Kinlock is not sufficiently remorseful and their belief he will continue to commit a similar crime if released.  They say this in spite of clear evidence to the contrary from many people who have had personal experience of his character over the years, including Mr. Mahoney.

Clive has been denied justice by the state of Montana by improper sentencing, and from sabotage by his public defenders who insisted he agree with a false sexual assault charge which DNA and hospital testing do not support, in exchange for a short prison sentence and deportation.  Instead he is into his 21st year of imprisonment and in need of medical attention which had been consistently denied him. (Documentation is available at www.citizensforclive.org)  Mr. Kinlock has more than proven to this state that he has taken all the steps needed to live productively on the outside.  Is the state so vindictive that it would prefer he remain in prison for all the best years of his life before becoming free to adapt to a culture he hasn’t experienced since he was a child?  There is obviously something far more sinister here than the idea of ‘Corrections’ or Mr. Kinlock would be a free man right now, having earned that status through  20 years of diligently rehabilitating himself, in spite of the oppressive DOC system currently in place that seems designed to destroy instead of  build up those it holds captive.

Mr. Kinlock’s children, and now grandchildren, have been denied his presence all these years and are as anxious as he is to start catching up on all the years they’ve missed.  Surely this is more important than making sure he remains warehoused for the next 5 years just to keep the inmate bed count at a premium.  Morality needs to be brought back into Montana’s Department of Corrections and to this end we appeal to you of the Law and Justice Committee.”

Joy Wellington’s Statement to the Law and Justice Committee, June 22, 2012

 

Letters of Request for Immediate Reappearance

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To: Ms. Fern Osler and members of the BOPP

Re: Clive W. Kinlock  (#32704)

It was with interest that I listened to your presentation to the Law and Justice Committee members at the June 22 meeting.  What I do not understand is why what you say and what you do are so different.  What I heard you say is that inmates become parole eligible by having significant clear conduct, holding a steady job, and by being treatment complete.  Yet, this is not the whole story apparently, since Mr. Kinlock, my husband, was denied parole in 2009 for the maximum amount of time allowed then– eight years!  In 2009 he had been working at the same job for many years and considered by his supervisors to be their best employee.  He had over 8 years clear conduct and was treatment complete many times over.  In fact, at one time he even facilitated the very classes you re-assigned him to take after denying him parole in 2009.  This denial of parole which would result in deportation, is costing taxpayers another quarter of a million dollars.

Letters Of Support for Clive Kinlock

Personal Achievements

Former Warden Mike Mahoney spoke with some of your members before retiring, in behalf of Mr. Kinlock.  He told Mr. Kinlock that he disagreed with the Board’s statements and reasons presented to him, making it clear that in his opinion, having known Mr. Kinlock during most of his incarceration, that he was rehabilitated and was no threat to any society, and that there is no reason to believe Mr. KInlock was a risk to reoffend again.

Mr. Kinlock has given over 20 years of his life to prove to the State of Montana his commitment to change and to rehabilitate himself.  He has expressed remorse and regret for his crime, committed while under the influence of marijuana and alcohol, which he has taken a vow to never touch again.  He wrote a letter to his victim, via her attorney, years ago asking forgiveness and expressing his remorse, so your excuse to Mr. Mahoney does not hold water.

Mr. Kinlock has given his life to the Lord for service in His kingdom, and has demonstrated this commitment by his consistently honorable character and behavior in the most difficult environment possible.  We know the Lord hears the cry of the oppressed and defends those who are made victims by governments and their agencies.  We believe this is why so many citizens have stepped forward to decry the abuses foisted on so many in the name of ‘justice’ when justice for many remains elusive.  I say this to refute Rep. Menahan’s comment that all the citizens’ complaints are false in his opinion.  They are very real and they will not stop until our government hears us and responds to our right for accountability within our government.

We believe your decision to deny Mr. Kinlock his well-earned freedom is cruel and unjust.  Mr. Kinlock needs medical treatment the DOC has been denying him for years, (these records are available here) so releasing him now would make it possible for us to pursue treatment on our own so he can maintain his ability to function in life without becoming permanently disabled, which would certainly be a liability to achieving a successful re-entry to a society he has lost all experience with over the years.

My husband, Mr. Kinlock, and I are requesting that you agree to see him again ASAP and reverse your decision, based on the clear evidence of his rehabilitation, and recommendations of prison staff, which includes Warden Mahoney’s strong recommendations for parole.  Please consider as well Mr. Kinlock’s long record of mentoring those he lives around, documented over a decade ago by 13 members of the prison staff who considered him the ‘ideal inmate.’

Respectfully,

Joy Wellington and Clive W. Kinlock

________________________________________________________________

A Personal Appeal from Clive W. Kinlock

To The Director of the BOPP

Re: Clive W. Kinlock AO# 32704

Dear Director Fern Osler,

I am writing you in the hope of being seen again right away regarding my parole.  It is my belief that if you understood me and all I have truly and sincerely accomplished over the years of my incarceration your concerns would be alleviated regarding my performance upon release.

I felt confused when Mr. Mahoney related to me his conversation with a Board member when he recently spoke for my release based on his knowledge of me and my conduct over the years.  He said you did not believe I was remorseful for committing my crime and feared I would re-offend in the same manner again if released. My confusion was because I was not able to assure you of my rehabilitation at my 2009 hearing because I was not asked any questions by the Board.   In fact, the decision seemed pre-determined days before my hearing date.  When I requested to view my file I noticed there were none of the staff recommendations in the file, or certificates of accomplishment present. Mr. Mahoney advised me to request to be seen again and that I needed to share with the Board my honest and sincere commitment to live my life as the changed man I am today.  He also said he is willing to give me his letter of support if needed.

For the record, there has never been a day in the last 20 years since I committed my crime that I have not been ashamed of and remorseful for my actions that night.  I am not the same person I was then.  I have given my life to the Lord Jesus Christ, baptized into His holy Name, and have received His forgiveness.  It is my constant prayer that my victim and her family will one day be able to find forgiveness for my actions as well.

The life I was living before committing the crime that lead me to prison was full of confusion, and alienation from myself and reality.  I had been on my own from a very young age and did not have good role models in my life to guide me.  One of the reasons I came to Montana was to find a better life for myself and my family but I did not have the inner disciplines to leave behind completely the life I was trying to escape.  The habit of self-medicating with drugs and alcohol resurfaced when the stresses of life were more than I could handle with my limited skills, creating a criminal frame of mind that led to my acting irrationally and criminally that night.

There is not a day that has passed that I do not struggle with the hurt I still feel for having caused my victim harm, and wishing I could go back to that night and make the choice to not use drugs and alcohol.  In a sober state of mind, my impulsive behavior would never have happened.  Because of this I have made a commitment to never again touch drugs or alcohol, or conduct myself in any way to ever create another victim.  Today I am determined to help people who are victims of crimes, who are homeless, or in need of a hand up.  I have also consistently donated to ‘Safe Space’ in Butte, MT for the last 17 years.  I am also respectful of the truth that my body will never be able to handle alcohol on even a casual basis so I am committed to sobriety in every aspect of my life.  Thankfully I now have a wonderful wife as well as the Lord Jesus Christ to hold me accountable to my convictions and commitment.

Please know that I have committed myself to a standard of behavior that will allow me to be a role model to anyone who knows me, as an authentic follower of Jesus Christ.  I see myself as a mentor and have chosen to be this for inmates who seek me out, encouraging them to take responsibility for their lives and circumstances.   I am asking the Board to give me another chance so I can be reunited with my children and now grandchildren, as well as join my wife in serving the Lord in whatever capacity He calls us to serve in whatever community.  We will have a lot of challenges ahead of us finding our way in my native culture, and that won’t get any easier the older I get.  I also need serious medical intervention to keep from becoming disabled.  Once I am released we could begin that process as well.

If successful re-entry back into society is the goal of the Board, then I pray that you will re-evaluate your stance regarding me and grant my parole.

Sincerely,

Clive W. Kinlock

Parole Board Secret Files – A Message from Clive Kinlock

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 Parole Board Secret Files

I am writing on behalf of my fellow inmates, men and women.  After reading the article written by Ms. Terri Braun Wetzel of MWP published by Connections, I was prompted to share my experience regarding parole board concerns.  Montana needs an independent advisory screening committee to oversee all BOPP actions.  It is only then that they will be accountable to inmates and their families.  I have had the same experience when requesting to review my parole file.  Inmates should know and beware that the file at the prison is not the same file in front of the BOPP.  In many cases like mine, letters of recommendations are missing, certificates of completions are missing or never added by prison personal, and secret written reports are added without the inmate’s knowledge.  Years before my first parole was scheduled in 2007, I requested to review my parole file because I suspected certain staff who had antagonized me were telling administration that I was the ‘Black’s shot caller’ on the yard .  I was told by a staff who respected me to check and make sure it did not surface into my BOPP file.  That request was denied by Craig Thomas.   MSP prison staff often submit reports to the BOPP ‘FYI’ without the inmate’s knowledge.   These reports hurt our chances of being paroled.  In many cases such as mine, decisions to deny parole is determined before an inmate is even taken before the Board.  The date of the decision in my case was made 5 days before my hearing date.

Because the law grants me this privilege, I made another request to review my file after my parole was denied in March 2009.  On April 30, 2009 I was called up to review my parole file and I was sick to discover a report submitted against me with my signature on it. It was created by my then unit managers who had practiced retaliation against me for refusing to be a tale bearer.  They called me into their office one day asking me to sign a blank sheet of paper.  I didn’t want to and wanted to know why but they insisted it was for some routine thing they needed.  Reluctantly I complied only to learn they later created a report alleging ‘prior wrongs’ I was never charged with nor found guilty of.  However, the BOPP used it against me anyway when I asked them to consider me for early release after their denial. Craig Thomas wrote back to say that wasn’t a factor and that the BOPP knew what a conviction was verses alleged charges.  But when I asked the BOPP to send me copies of this ‘prior wrong’, the BOPP response was: ‘that report is noted in the P.S.I. part of the official record.  This proved to me that the BOPP did in fact consider the ‘prior wrong’ in denying me parole, which was based on allegations which were false and never tried or proven in a court of law.

The file also included the pre-sentencing investigation documents and photos, but none of the many letters of recommendation from staff and others.  Missing also were my many certificates of accomplishment from over the years.  I also found a psychological evaluation that twisted my wording out of context, and an impact statement from my victim’s lawyer who had threatened me 10 years earlier.   He had said that if I didn’t send him my insurance carrier’s information he would ask the BOPP to keep me until I discharge.  If I complied with his request he said he would ask the BOPP to consider granting me parole. They flat out refused to produce a copy of the victim’s lawyer’s impact statement.  They simply sighted per 46.23.110 for denying me this and other documents I had requested, saying they were not able to locate them.

After being given 30 minutes to view my file, I was rushed off.  I requested copies of several documents in order to have someone review them.  The BOPP sent me a few of those documents, but all the ones I had found disturbing and that would hurt my chances of getting a fair BOPP hearing, were denied me.

Another truth I discovered is that the prison had originally added a point to my reclassification evaluation that kept my custody level higher for several years.  I explained it to a staff after discovering this in my parole file the BOPP had.  That point was finally dropped last year in 2011.

In 2011 I again requested to see my parole file because of certain concerns occurring at MSP I had been documenting.  This request was denied even though I explained that I needed certain documents in order to sue the BOPP for my release, which they denied me of in violation of their own rules.  Three times they denied my request stating that I could view it when it got closer to my parole date.  I have since placed a request for early consideration of a parole date since their denial of me was not valid.  However, all my efforts have been rejected.

I urge all inmates, men and women, to find the MCA that compels the BOPP to allow all inmates to view their files long before they come up for parole.  There is a form you can file at your local district court that forces the BOPP to grant your request, assuring you the right to review your file – you’ll be glad you did.

Needless to say, there is a complete lack of trust in matters concerning the BOPP since they seem to be a law unto themselves, a law that is antagonistic towards inmates.   We have a responsibility to do our best to hold them accountable.

Clive Wellington Kinlock

CCA

50 Crossroads Dr.

Shelby, MT  50474

Montana Board of Pardons and Parole: Incompetent, prejudice, or just bought and sold by the prison industrial complex?

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Members of the Law and Justice Committee

November 20, 2011

Re: Clive Kinlock Parole Hearing

To Whom It May Concern:

This letter is to express concerns about (#32704 Clive Kinlock) Parole Hearing. A parole hearing was held on March 31, 2009 at Montana State Prison. It seems that the Parole Board did not have a thorough review of his case. It was obvious that they didn’t read his case file as they swiftly rummage through the files during the hearing. Subsequently, they opted to deny parole and decided to do another review 8 years from the above date (March 31, 2009). One member of the Board touted under her breath, “that is an awful long time,” as she received the stare from the other.

I have been to many of these proceeding before working with court-adjudicated youth in NYSDFY and I have never seen this type of offensive treatment towards inmates by the Parole Board. When you have prison guards and Parole Board members jovial through the process then it become a circus not a hearing. The only thing that was missing from these proceeding was a kangaroo.

The Parole Board was not interested in all the years my brother Mr. Clive Kinlock spent in prison, or his accomplishment during this time. It was evident that they didn’t read the case file because they would have seen the several miscarriages of justice.

How can a man serve 18 years in prison, when the state coerced him into a plea-bargain. Then renege on their part to deport Mr. Kinlock 18 year ago. A major injustice was done to Mr. Kinlock, to declare him ineligible for Parole for the first (30) Thirty Years of his sentence. Then on top of that, my brother Clive received an additional (10) ten year sentence for the use of a weapon in his crime that was never recovered. My brother then appealed to the sentence review Board who lifted his ineligibility for Parole date from (30) thirty years to (17 1/2) seventeen and a half years. His sentence was and still is illegal and shows good cause for Double jeopardy. Furthermore, Mr. Kinlock has seen inmates get out on homicide charges after only 10-Years, whom are of the Parole Boards origin and race, it’s hard to accept that (8) Years can be honestly justified to review his case when so much time has already passed.

Therefore, this letter is to bring light to the sham of a hearing for Clive Kinlock. It appears that another review of this case is warranted by a professional Board with appropriate credentials. I felt that they were vile in the entire proceeding which defeated the purpose. Additionally, we wanted to bring this case to the Member of the Law and Justice Committee attention for examination.

I would appreciate some feedback on your thoughts regarding the Clive Kinlock #32704 Parole Hearing. This would give us clarity regarding future direction needed in this matter. Thank you in advance for your attention to this matter.

Sincerely,

Andrew Kinlock Ed.D.

Montana Board of Pardons and Parole denies man access to his own file, then says they are not denying him access.

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The Montana State Board of Pardons and Parole denied Clive Kinlock access to his parole file on May 23, 2011. Mr. Kinlock has continued to fight the system for his freedom, and in response to continuing pressure the BOPP issued another statement. In this second document they state they were not denying him access, they just wont let him see them until 2017, and only if he asks nicely. If you want to see the bureaucracy hard at work just have a look: BOPP Denies Clive Kinlock access to his own file and Denial of Denial.

Here is the document from the Parole Board which affirms they will not look at his case again until 2017, as stated in the above documents: Parole Board denies Clive Kinlock until 2017

Formal Request For Parole Re-Hearing June 7, 2011

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“…It is my assertion that for the board to classify unsubstantiated police incident reports as court documents beyond reproach demonstrates extreme prejudice in conjunction a with a severe lack of sound review.

I hereby propose that the boards March 2009 decision to deny me parole based soley upon an distorted and unsubstatiated version of events in relation to the nature/severity of offenses without more is in fact a clear violation of the statutory language and intent of MCA 46-23-202.

For the foregoing reasons I ask that the board set this matter for re-hearing.

Sincerely: Clive Wellington Kinlock”

Read the entire document here as a PDF: Formal Request For Parole Re-Hearing