Colorado's repressive sentencing laws may be challenged in federal court sooner than expected giving hope to thousands of inmates languishing in Colorado prisons years after their intended release date.
This week the justice reform group, So Ready For Change: announced that an anonymous donor has agreed to match all contributions made to the Department of Corrections Class Action lawsuit (DOCCA), until October 15, 2010.
Attorney John Pineau, lead counsel for the DOCCA suit, needs approximately $18,000 more before filing the suit in federal court. The class action lawsuit seeks a federal ruling that the implementation of Colorado's indeterminate sentencing violates the constitutional rights of thousands of Colorado inmates.
Unlike the federal civil confinement law recently upheld by the U.S. Supreme Court, Colorado's sentencing allows CDOC to keep inmates in prison indefinitely without judicial oversight. In Colorado inmates are incarcerated years after their release date purely at the whim of the politically appointed parole board.
Currently there are thousands of inmates in the CDOC system who have been held past their parole eligibility date without explanation - hundreds have been held for more than a decade.
The parole board's and CDC's implementation of the law not only defies legislative intent, but also contradicts the State Judicial Department's and Department of Public safeties implementing guidance which directs that the indeterminate sentence not, “increase the minimum sentence'' of inmates, but rather, “provide offenders the opportunity to progress …and
be considered for parole.”
In the 12 years indeterminate sentencing has been practiced in Colorado less than 5 percent of the eligible inmates have been paroled.
Citing the gross abuses against legislative intent and federally protected civil liberties, Pineau believes the class action suit has a good chance for success thus possibly ending the lifetime of incarceration endured by thousands in Colorado.
If you would like to donate to help end prison abuse in Colorado send checks to: DOCCA Fund: C/O John Pineau P.C.,
Grill Mansion, 2305 Broadway, Boulder, C0 80304.
Give before October 15, 2010 and your donation will be matched, doubling your contribution to end a decade of injustice in Colorado's prisons and bringing families back together again.
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