Activist and prison chief confront parole paradox in Nevada prisons

Flo Jones believes she has found something important, something egregious that spells out injustice inside Nevada's bursting prison system.

She regularly attends hearings of the state parole board and is extremely well read on the Nevada Revised Statutes as they pertain to the prison system. She insists on being heard and long ago lost any delusions about prevailing in the uphill battle she's waging.

Jones calls herself simply an advocate, but her tired, searching eyes give her away. Look into those sad eyes and you'll know she's another broken-hearted mother. Jones has two sons serving long sentences for murder.

But this has nothing to do with her sons, she says. This has to do with the keepers of the penitentiary system in Nevada following the law. In this case, the law she says is being violated is the one that mandates the release of low-risk prisoners with 12 months remaining on their sentences.

The law is in the process of being trumped by changes in regulations that, she believes, will make it far more difficult for inmates to gain their freedom. The administrative regulation change is: "A prisoner may not be released on Mandatory Parole Release (MRP) pursuant to NRS 213.1215 unless the Board has approved the release." That seems to contradict the state statute that says an inmate "must be released on parole 12 months before the end of his maximum term."

There are provisions within the statute preventing violent and unstable offenders from an early release.

Jones says she believes the financially strapped state could save millions a year by following the law on the books. The state also might avoid costly civil rights litigation by adhering to its mandates, she adds.

"The proposed regulation directly contradicts the law," Jones argues.

It's an argument that, so far, no one in power appears to be hearing.

Meanwhile, over at the Department of Corrections, Director Howard Skolnik declines to comment on Jones' latest criticism. But he readily admits there's a long list of inmates waiting for a parole board hearing. Laws passed in this past session of the Legislature have increased the board's responsibility and appear to be slowing its ability to return suitable inmates to society.

Parole hearings that once averaged 12 minutes now take up to 45 minutes.

Where approximately 700 inmates once awaited a hearing, the figure now is about 1,300. That's about 10 percent of Nevada's total prison population. The state ranks fifth nationally in the per capita rate of incarceration.

The new statutes are only two examples of well-meaning laws having unintended consequences.

"We do have a backlog," Skolnik said. "The backlog is not getting smaller. If anything, it's creeping up. It's had an enormous impact. Basically, it choked the system, and it still is to a great degree."

Like other department directors in state government, these days Skolnik's calendar is full just trying to reorganize his already tight fiscal priorities in the wake of a nearly $900 million state budget shortfall. Nevada's officer-to-inmate staffing ratio is already among the lowest in the nation.

Will a future session of the Legislature streamline the parole process? It makes sense to allow parole commissioners to meet in smaller groups in order to conduct more hearings and, in turn, process more inmates. Will that change become law one day?

In tough economic times, Nevada governors have traditionally looked to the Department of Corrections for places to cut the budget. Whether that's the case in 2008 remains to be seen.

Jones and Skolnik come from opposite ends of the system of corrections, but I know them to be sincere, thoughtful people. Each wants the system to work better. Both are frustrated by challenges higher and more forbidding than any prison wall.

Here's the bottom line, Nevada: You say you want to be tough on crime, but you don't want to pay to incarcerate inmates. You want prisoners to serve their sentences and return to the street without endangering society, but you don't want to cut the sizable check in the name of safety.

As always, the greatest challenge to Nevada's prison system comes not from inside the penitentiary walls, but from the heart of our civilized society.

John L. Smith's column appears Sunday, Tuesday, Wednesday and Friday. E-mail him at Smith@reviewjournal.com or call (702) 383-0295.