“Rehabilitation Review Board”
Forty-nine-year-old Raymond Rasheed Wallace once was called "a high-school dropout". However, when provided with the opportunity, Rasheed had the wherewithal to continue his educational pursuits while in an Indiana state prison. He went on to graduate from Ball State University with an associate’s degree (2004) and a bachelor’s degree (2006) with minors in applied psychology and speech communication. While at Sing Sing Correctional facility in 2024, he obtained a master’s degree in professional studies of Urban Ministry from New York Theological Seminary.
In addition to his academic achievements, Rasheed has served as the President of the Pinpoint Organization (2018-2023); and was a youth development counselor, peer educator, and coordinator for the Youth Assistance Program (2014- 2023) while at Green Haven Correctional facility. He's fulfilled the roles of congregational leader and teacher for his religious community. He has further served as an assistant to the Imams of Masjid Sankore and Masjid Tawheed at Clinton and Green Haven Correctional Facilities respectively. His writings have been published by the Brooklyn Library's Justice Initiative. Rasheed was wrongfully convicted of attempted murder, aggravated assault, robbery, attempted robbery and weapon possession. He has a 50-years-to-life sentence and has been incarcerated for 28 years.
REHABILITATION REVIEW BOARD
When it comes to imposing punishment upon violators of the law, there is no doubt that the criminal legal system has achieved that. However, when it comes to acknowledging the rehabilitation of those same individuals the penal system is blind! The criminal legal system has failed to fully appreciate the rehabilitative achievements of incarcerated individuals who are community ready. Born out of necessity the Rehabilitation Review Board (RRB) is a commission board which determines the level of rehabilitation an incarcerated individual has obtained. Upon the Board's conclusion that a person has reached a level of rehabilitation worthy of parole consideration, the Board will recommend that an individual be afforded a parole hearing. The RRB is different from the parole board because it focuses solely on an individual's rehabilitation which is fluid and does not focus on the nature of the crime which forever remains fixed.
The Rehabilitation Review Board was conceived to - and if instituted - would give hope to the rehabilitated incarcerated individuals who do not have any hope of being released. In the scenario where an incarcerated individual has served a substantial amount of time (i.e. 15 years or more) is rehabilitated and community ready, but has no realistic hope of appearing before the parole board, due to a draconian sentence, RRB will provide that opportunity if enacted. In an effort to curb mass incarceration, RRB is geared to evaluate those that are overlooked.
The authorities (i.e. behavioral, criminalist, psychologist and jurist) within the criminal legal system are in agreement that punishment should serve four functions: general and specific deterrence, retribution, rehabilitation and isolation (incapacitation).1
To rehabilitate is to "improve a criminal's [incarcerated individual's] character and outlook so that he or she can function in society without committing other crimes."2 Rehabilitation starts with self-assessment followed by self-improvement. One must work towards his/her own rehabilitation by first acknowledging his/her socially aberrant behaviors. Secondly, the individual must make a conscious decision to change; then acting on that decision the individual must specifically identify and address the sources of his or her anti-social behaviors and take steps towards changing destructive behaviors, habits, friends, lifestyle, etc. One must engage in education in the necessary realms which will address his or her anti-social behaviors and engender pro-social cognitive re-adjustment. Many incarcerated individuals who have taken such steps often attempt to show that they are ready to regain their freedom and function productively in a free society by filing for clemency and documenting the redemptive changes they have made in their lives. The RRB will provide an additional avenue to exhibit one's readiness for release. The Rehabilitation Review Board will not only reduce the Governor's workload of reviewing the tremendous number of clemency applications which are submitted, but it will also provide incarcerated individuals with direction in their rehabilitative pursuits.
COMMISSIONER OF RRB BOARD:
• Commissioners are appointed by the Governor with the term of service not to exceed seven years notwithstanding resignation or termination of appointment. Commissioners cannot be a prior or present parole board commissioner.
BOARD COMPOSITION:
• Five member committee
• An independent behavior specialist (psychologist)
• DOCCS clergy member
BOARD OPERATION:
• Three active community members: This position does not exclude formerly incarcerated individuals who have accomplished successful re-entry3
• Review numerous testimonies within 72 hours prior to the hearing
• Testimonies include but are not limited to the following: correctional officers, school and vocational instructors and clergy etc. (victims testimony shall not be considered due to the previously stated objective of evaluating rehabilitation only). The hearing should consist of, but is not limited to: (1) An in-depth conversation about the applicant's experiences from childhood to the present. (2) Rehabilitative efforts made by the individual throughout his/her incarceration, including voluntary and mandatory cognitive reconstruction program participation. Interviews should not be conducted as an adversarial or interrogative process, but rather in an inquisitive and conversational manner to provide the RRB with insight into the applicant's past, present and intended future.
POWERS OF THE BOARD:
• (I) Recommend a mandatory review hearing to the parole board by imparting [Sub. Section 1 of this proposed petition.]4
• (2) In exceptional circumstances, grant release with the joint recommendation of the RRB commissioners and DOCCS commissioner.
CONFLICT OF INTEREST ALLEVIATIONS:
• RRB Commissioner: In the event that a sitting commissioner is a prior prosecutor of any of the applicant's offenses, an interim commissioner shall be appointed to review the applicant's appeal.
• Review Board Members: In the event that a review board member or applicant raises a valid conflict of interest. The board member shall excuse his/herself and be replaced by a conflict free board member.
REQUIREMENT FOR RRB:
• Must have served at least 15 years of your original sentence.
BOARD MEMBERS DETERMINATION PROCESS:
Independent Behavioral Specialist (Psychologist):
• Assesses applicant's thought patterns, mental stability and conflict resolution capabilities. Furthermore, the evaluator will make an assessment of whether the applicant has appropriately and adequately addressed and/or fulfilled his/her risk assessment as determined by DOCCS upon intake. Included within the assessment will be an evaluation of the extent that the applicant has participated in educational, vocational and voluntary programs to effectuate employability and rehabilitation (i.e. community readiness).
DOCCS Clergy Member:
• Makes an assessment of the applicant's values, morals, principles, remorse and rehabilitative progress.
Active Community Members
• Assesses an applicant's level of community readiness, employability, and social skills.
APPEAL PROCESS
• In the event of denial for parole recommendation: the applicant shall appeal to the RRB Commissioner within 30 days of the decision. The commissioner has the power to grant a new hearing before the RRB, and has up to 90 days to render a decision. The denial of an appeal from the RRB commissioner is subject to judicial review (i.e...Article 78 Petition).
BOARD COMPOSITION AND ASSESSMENT POINTS DETERMINATION
Each of the five members on the committee will assess an applicant based on a point reviewing scale from l-3 or 33 1/3% to 100%. If RRB rehabilitation level is between 10-15 points or 66 2/3% and 100%, then the individual that is being evaluated is deemed community ready, and should be immediately scheduled to appear before the parole board for review.
RRB may be enacted as a section of Executive Law as is parole law.
Formed by the conscience of a coalition of incarcerated individuals.
Green Haven Lifers Committee: Mr. Raymond A. Rasheed Wallace, Mr. Elvis Martin, and Mr. Jaquelle James
1 See Kalish and Paulson, Criminal Law and Its Processes, Chapter One Section A (3d ed 1985, PL 1.05(b)), People v. Suitte. 90 App. Div. 2d 80 (2nd Dept. 1982)
2 Black Laws Dictionary. pg, 1290, 8th ed. 2004.
3 Successful re-entry is defined here as not recidivating (imprisonment for a new crime within three years after release) and who actively contribute to the community via employment, and or community service. See Dr. James Austin, et.al. Brennan Center for Justice, How Many Americans Are Unnecessarily Incarcerated? (2016), http//www.brennancenter.org/our-work/research-report/how-many-americans-are-unnecessarily-incarcerated. (pg. 24)
4 Sub. Section 1. When enacted, this legislation will read in part: The temporary modification of one sentence for the sole purpose of an appearance before the Parole Board.
Written by Raymond A. Rasheed Wallace
