March 1, 2011
I've decided to apply for a Commutation of Sentence again, pursuant to Arizona Revised Statutes 31-411 (H) (I) (1). I applied two years ago, but was denied a commutation, based on false information.
The Arizona Board of Executive Clemency will now have a second chance at releasing me early. Although I only have about 13 months left until my Early Release Date, it would be a responsible move to grant me a commutation of sentence and release me early, considering Arizona's budget crisis.
The following is a brief summary of what I said to the Board in my Request and I invite everybody to send letters to the Board on my behalf. Every letter helps! Chairman, Duane Belcher, Sr., Arizona Board of Executive Clemency, 1645 West Jefferson, Suite 101, Phoenix, AZ
85007-3000, (602)542-5656, Fax (602)542-5680.
*Cause #2002019776-Burglary-11 1/4 years concurrent
*Cause #2003005505-Burglary-10 years concurrent
*Exact Years/Months of Sentence Reduction Requested: I've requested Time Served, which would release me a couple of months early, but the Board has the power to reduce my sentence in any way they see fit. I'm hopeful that in the least, the Board will acknowledge the change in me and my life. I've provided the following response to the Board's fourth question on their form application for a commutation of sentence. Although slightly different, the following is the gist of what I wrote and what the Board will consider, along with "letters", ADOC's files on me, and "testimonials". Any family & friends may attend and testify if they'd like.
Question #4: Describe why you believe you should receive a commutation of sentence (Reduction)?
Answer: I believe that I should get a commutation because I've changed myself and my behavior. I've spent 8 years in prison changing behaviors & habits that got me in prison. Also, a commutation, in my case, is fiscally responsible, on this Board's part.
For 8 years, many changes in my life have occurred. Some of my own doing. Others by chance.
I've become financially stable and able to support myself when released. I intend to support myself and have the funds to do so. I intend to continue pursuing a college degree at my expense, which began in prison. I'll be attending Yavapai College parttime and working parttime.
I'm 36 years old. I'm not the immature youngster that ran away from problems. In my past, I absconded from Community Supervision. That won't happen again. In my past, I used drugs to run away from problems. I won't do this again. I've been drug free since November 2002. I faced my drug addictions head on and am in control. Using again will cause me to reoffend, lose family & friends I cherish and cause my health to fail. I won't allow this.
Previously, this Board considered my request for commutation. One reason this Board used to deny my request was that ADOC's records indicate I am a suspected racist gang member with racist tattoos. I am NOT a racist or gang member. I have NO gang related tattoos, although I have many tattoos, which I offer to show you. As a youth, I knew and co-existed with gang members of all races. An unavoidable consequence of getting locked up due to my behavior. I don't agree with racist ideologies and hate violence, but must co-exist with racists, gang members and violent people while locked up. I spend my time reading, writing, working, attending classes/programs and blogging via a 3rd party (I provide my web address), as well as preparing for release.
I have reunited with my only sibling after 18 years, as well as my niece, who is 19 years old and an NAU student. My niece writes, but does not visit. I do not want her to see me as an inmate. Ever. I will make up for lost time and my absence in their lives when I'm release. My sister has invited me to live with her at her home in Northern Arizona and has even plotted out all of the things we will be doing to make up for lost time. Comedy Clubs and Disneyland are on the top of her list.
If all of the above hasn't swayed this Board's decision to grant this request, possibly my medical condition and the medical care I will need may.
I have cirrhosis of the liver caused by hepatitis, which requires medical care. Expensive medical care. Despite having sued ADOC, who settled with me for a large sum of money and an agreement to provide me necessary medical care for my condition until my release. ADOC is and has been failing to provide medical care, AGAIN, as agreed since the settlement. Upon my release, I will be responsible for my own healthcare needs. A commutation will allow ME to obtain the medical care I require, avoiding further injury to me, further expensive court litigation with ADOC and further expenses for my medical care and legal ramifications to ADOC (Arizona taxpayers).
If after reading all of the above fails to convince this Board that my request for commutation should be granted, I will appeal to your sense of fiscal responsibility in this desperate time in Arizona history.
As I'm certain this Board is aware, the State of Arizona is in a budget crisis of historical magnitude. Arizona legislators and the Governor have the task of balancing our state's budget. A duty seemingly impossible and hindered by hidden agendas, special interests, political biases and conflicting ideologies. ADOC's budget, although a necessary agency needing funds, is a huge burden on the state. One of the top three general fund expenditures in spending. Releasing me, a non-dangerous rehabilitated offender, with a high chance of successfully making it in society, is fiscally responsible of this board. I will be a tax-paying, productive member of society instead of a burden on Arizona taxpayers as a prisoner.
I ask this Board for time served, but any reduction in my sentence I'd be grateful for, including but not limited to my community supervision being reduced.
*For those writing to the Board, please put "RE:Shannon M. Clark ADC #113372" on your letter.
18 hours ago