If a prisoner in Alaska has reached various milestones that are close to the date of their release and they are able to check the requirements to be eligible for lower security options and programs that aim to ease their transition into society.
Parole boards typically provide the earlier dates for release. However, they say the American Civil Liberties Union of Alaska states that they will not recognize those dates because the Department of Corrections won’t recognize the new dates as being eligible reasons for programs that are beneficial.
The ACLU on Thursday announced it would sue the Department of Corrections to try to make changes to this legal issue that will have major implications. The civil rights group says the status quo is detrimental for the society and infringes the rights of a large number of prisoners’ constitutional rights.
“[The programmes] are essential to assisting people to adjust to their communities and be successful after they’re released” stated ACLU Legal Director Ruth Botstein at a news event on the lawsuit Thursday.
In the case in its lawsuit ACLU represents four defendants who are in the legal cross-hairs: Jace Frankson, Geoffrey Mathis, Jonathan Walker and Sababu Hodari. They’ve all served more than 20 years on their lengthy sentences, and have been granted parole dates that moved their release dates to the future. However, the corrections department advised them that basing their release dates, they’re not eligible for the transition programs.
Of the plaintiffs named, Frankson has the earliest release date scheduled for the 9th of August. 9, 2024.
ACLU prison officer Jacqueline Shepherd recounted a conversation she had with one the men.
“I’ve been in prison throughout my adult life. I’m not sure how to set up an account at a bank and I’m not sure how to use a laptop or a phone, and I’ve not lived in an apartment or had adult obligation,” Shepherd recounted.
Because of the question of eligibility He told her that “I cannot be eligible for any community-based program which would allow me to move slowly into society. It’s like they’re creating a situation for me to fail.”
In the press release, Botstein called the department’s interpretation of eligibility rules as unconstitutional and arbitrarily arbitrary.
“This does not benefit our government, who boasts of the necessity of a successful rehabilitation, but it is not beneficial to communities that absorb the individuals and attempt to aid them in their success in their communities,” she said.
The ACLU is seeking a court order to state it is the Department of Corrections is violating the due procedure as well as equal protection right and also to require the department to grant their plaintiffs and others similar to them access to the transition programs.
A spokesperson for the department stated in an email sent late on the morning of Thursday that they were not informed of any lawsuit. The department sent an inquiry for comments on the matter to the Department of Law. The state does not generally provide any information on litigation currently in progress.
The ACLU states that the state has 40 days to file a response to the court.
