Everyone,

HR-4300, which will end JLWOP nationally, will soon be re-introduced in Congress. If you would like to sign a petition on behalf of HR4300 or send letters to members of the committee, please link to www.hr4300.com

We’ve watched with much interest and some horror the valiant efforts of JLWOP advocates across the U.S. –from Florida to Nebraska to Washington – who introduced legislation to end life without parole for juveniles. After having battled locally to rescind juvenile LWOP – in 2006 we were the first state in the nation to pass a watered down bill – we’re very familiar with all the arguments and tactics of the opposition. Each year we would listen to their voices and then craft legislation hoping to find common ground. One year, on behalf of victims, we introduced restorative justice language in our bill. The opportunity for victims and offenders to come together “to repair the harm” would be offered. It was optional, never mandated. When we met in conference victims’ spokespeople complained that restorative justice shouldn’t be forced on victims. We pointed out it wasn’t (and silently wondered whether they had read the bill they were opposing.) They repeated, as if we hadn’t spoken, that restorative justice shouldn’t be mandated and that they completely opposed our bill. (That year our bill never even made it out of committee.) Then we would ask our very powerful opposition – generally law enforcement, prosecutors, and victims – what did THEY propose? How could we come together to find a compromise? They, knowing they held all the influence with legislators, were NEVER interested in discussion. The laws were fine just as they were.

After many negotiations and the wisdom or cynicism gained by age, I’ve come to understand that “truth” doesn’t matter to certain people. The opponents of the Employee Free Choice Act don’t care that “secret ballots” are actually allowed. They just continue to say they aren’t. Those who rail against the Convention of the Rights of the Child must know that CRC wouldn’t forbid them to spank their children or hand over parental authority to the U.N. Nobody is that stupid. And when it comes to battling our “professional” opposition to JLWOP, it wouldn’t matter if we corrected every misconception, answered EVERY objection and allowed THEM to write the bill. They will pay lip service to the fact that they are reasonable, are willing to compromise or will meet us half-way, but they never budge from their basic position: They believe in retribution. Period.

So, my advice to those advocates who have so tirelessly and selflessly worked to overturn JLWOP: Don’t try to reach a consensus with those who will never agree with you. Don’t waste your energy. Appeal to the middle, to the “persuadables.” And focus on the national level. Fight one big battle rather than dozens of separate ones.

I DO believe that the pendulum, like karma, continues its relentless swing. When any group is totally rigid and recalcitrant, when it uses its power mercilessly, it will ultimately lose credibility and support. I believe the time is right for justice reform. Whether because we simply can’t afford to lock everybody up or through a genuine belief that redemption and rehabilitation are more valid than retribution, the pendulum is headed our way. Though, I admit, you can’t yet tell by the behavior of many state legislators. For example, Florida’s advocates, who have introduced several JLWOP bills and who have worked very hard to address criticisms, were derailed in their current efforts by ONE legislator. This bill had received bi-partisan support, had wended its way through various sub-committees and was killed by one former law enforcement officer.

How’s that for democracy?

Which is why The Pendulum Foundation advocates for HR-4300. We need a national bill that would end JLWOP and decades-long prison sentences with one stroke of the pen. Our experience with state legislators is that they are stuck in the soft-on-crime framing of the nineties. Doesn’t matter if most states spend more on prisons than higher education. Let’s just all quake in our boots with even the possibility that our opponent will say we want to “coddle” criminals. Our gallant politicians cave like sand castles at high tide. Look, it’s the very nature of politicians, despite commercials trumpeting their leadership abilities, to be consensus builders. Many are constitutionally incapable of standing up on principle, particularly squishy liberals like myself who are forever seeking “common ground.” Combine that with the power of lobbyists and the institutionalized bribery we term political campaigns and it’s no wonder democracy is on life support.

Okay, for Pendulum doings: We’ve met twice with Colorado’s juvenile clemency board, the first time to learn more about the clemency process itself—does DOC comment on applications, how many letters should be written on behalf of a prisoner, what kinds of letters are most effective, how does the committee weigh positive or negative statements from victims, etc. Believing that sunlight is the best disinfectant, we were pleased to at least be given some working knowledge of procedure. The number of juvenile applicants and any details regarding them, or the status of the applications themselves, are kept confidential. We do know that no one has been granted a commutation or pardon.

It is our oft-stated belief that most prisoners can never be successfully re-integrated into society unless they receive intensive programs inside followed by a step-down to a re-entry facility where they will continue their education, therapy, and vocational training. During our second presentation to the juvenile clemency board we shared our vision with a special focus on programs inside. We believe we have created a program that can provide for our young LWOPS extensive college courses, cognitive behavior therapy and restorative justice. We’re always told the state can’t afford to provide programs so we’ve created programs that cost little or nothing. It will be interesting to see what arguments the opposition will now invoke to derail our plan.

To that end, a Pendulum attorney and the ACLU have contacted Governor Ritter and the Department of Corrections about their lack of enforcement of HB-1315, which mandates that JLWOPS receive the same opportunities for programs and treatments as those who are eligible for parole. We are hoping to work with DOC to implement these programs. Furthermore, if a pilot program is successful, we believe we can implement those programs on a system-wide basis. Think of it: education, therapy and restorative justice available cost-free to EVERY prisoner in Colorado’s prison system. Most of these prisoners are coming out anyway. It’s in all our best interests to have them emerge restored and rehabilitated.

Our college scholarship program has been expanding nicely. We’ve been working with Sterling Correctional Facility and have provided scholarship programs to several young prisoners. I met recently with Sterling staff plus staff at Northeastern Junior College, whose professors teach at the prison. Pendulum also shared our idea for bringing a holistic range of programs – college, cognitive behavior and restorative justice — into prison. (The actual logistics of the program was created by prisoners. Not living in the system, except vicariously, I had no idea how to get around the problem of no internet access, for example. Prisoners were very excited about the opportunity to be involved in shaping the program and provided a lot of valuable information that I shared with prison and college staff.) I would also like to offer a sincere thank you to those I’m working with at Northeastern Junior College and Sterling Correctional Facility in providing the scholarships. I love to complain but I can’t think of anything negative to say about the cooperation we’ve experienced.

We will be attending the JLWOP convention the end of May, as well as the National Juvenile Justice Network conference the end of June. We will present HR4300 packets to committee members on Capitol Hill and meet with Colorado legislators to discuss why justice reform is so necessary. And, while I lambasted cowardly politicians in the first part of my newsletter, kudos to Senator Jim Webb who is seeking a prison/sentencing reform commission. There is NOTHING in this politically for Senator Webb except that he sees a wrong and is trying to right it.

Until next time,

Mary Ellen Johnson, Executive Director

*Any offensive opinions expressed in this newsletter are the executive director’s and not those of The Pendulum Foundation.