Shutting the public out

Parole hearings should be open

Published February 25, 2007 at midnight

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Public trials are guaranteed by the Bill of Rights, and states have wisely opened to the public most other judicial proceedings, including parole hearings.

Except, it seems, when public hearings are inconvenient, as they apparently are, for example, in Denver.

Consider the case of Dunston Sidner, a mentally ill crack addict who was profiled in the Rocky the other day. Reporter Ann Imse tried to attend his parole revocation hearing Feb. 16, and could not.

Turns out that Sidner's hearing, and many others, are held inside the Denver jail. Why? That's where the prisoners are, said Parole Board Chairman Al Stanley. Oh, and by the way, Stanley added, when the hearings take place in a jail, the warden can deny access to pretty much anyone he wants.

Stanley tried to contact the officials who were running the hearing to let Imse attend, but by the time he did, it was too late. The hearing was over.

What a sham. Restricting access to the public may make parole hearings run more smoothly. None of those pesky outsiders (reporters, watchdog groups, relatives, victims) around to inform the community of the potential risks that might occur when offenders are released, for example - or just make sure that officials follow the rules.

But efficiency is not the only goal of our system of justice, or even the highest one. Fairness and openness are essential as well. And that's why corrections officials who handle parole hearings need to reform their ways.

Public oversight is important because inmates who are denied parole can be sent back to a lockup for an additional six months before the next hearing.

Impediments to public access also seem to contradict a Department of Corrections regulation that took effect in October. It states, "Members of the public \[and victims] shall be permitted access to attend all Parole Board hearings, unless they are currently under criminal supervision or when such access is specifically determined to be incompatible with the safety and security of correctional facilities/centers," employees, offenders and the public.

While the rule requires those who wish to attend hearings to get clearance from corrections officials and undergo security screening if needed, it also clearly says, "Limitation of access to parole hearings by victims or members of the public would be an extraordinary and exceptional circumstance."

Indeed, Imse found that parole hearings in Jefferson and Arapahoe counties were routinely held in courtrooms. This allows ready access by the public within a secure setting. Similar arrangements should be provided in counties such as Denver where the jail is now the preferred venue for these hearings.

Or they should find a similar setting that is not behind prison walls to conduct these essential proceedings.

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