SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY In the Matter of HENRY “HANK” MORRIS DIN: 11 R-0731 Petitioner, Index No. {11-1 against VERIFIED PETITION NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, BRIAN FISCHER, Commissioner of New York State | Department of Corrections and Community Supervision, | ee cou: cht, VY Jocument Number NEW YORK BOARD OF PAROLE, ANDREA W. Rovd 05/30/2012 4:30:52 PM EVANS, Chairws 1f the New York Board of Parole, cee, ene ee Og Respondents, For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules. Petitioner, HENRY “HANK” MORRIS (“Petitioner”), by and through his undersigned attorneys, HOLLYER BRADY LLP, upon information and belief, respectfully alleges as follows 1, Only this Court can protect Petitioner from being unconstitutionally, illegally and wrongly incarcerated as of June 18, 2012. This case maybe the first to raise novel procedural and substantive legal issues regarding the Respondents’ failure to comply with new laws that took effect on October 1, 2011. The new laws mandate that the Respondents develop and utilize written risk assessment guidelines and transition accountability plans (TAP) when evaluating inmates for parole, such as Petitioner. Here Petitioner was denied parole even though he eared a presumptive right to be released on his minimum sentence date of June 18, 2012 and received @ perfect low risk assessment score on the Parole Board’s own risk assessment tool known as COMPAS2. Despite these new laws, no written risk assessment guidelines and no TAP were used by the Board in making its decision to deny Petitioner's request for parole. Respondents have refused to make a timely determination of whether their actions were lawful, and there are no other administrative remedies available to Petitioner to stop his unlawful incarceration as of June 18, 2012. 3. Petitioner respectfully submits this Verified Petition requesting that the Court enter judgment pursuant to CPLR § 7806: (1) determining that Respondents condueted an unlawful Parole Hearing on February 15, 2012; (2) annulling the February 15, 2012 decision of the Board denying Petitioner’s request for parole; (3) ordering the Board to release Petitioner when he completes his minimum sentence on June 18, 2012 (“Minimum Release Date”) or ordering a new and lawful hearing with a different pane! of Commissioners and render a lawful and constitutional determination of Petitioner's eligibility for parole prior to June 18, 2012; (4) directing the Board to develop and utilize a Transition Accountability Plan (“TAP”) prior to Petitioner's next parole hearing; (5) directing Respondents immediately or at least prior to the Minimum Release Date to develop written risk assessment guidelines incorporating risk and needs prineiples for determining parole eligibility for inmates like Petitioner who have a Certificate of Earned Eligibility; (6) directing the Board to forthwith provide Petitioner with an official Transcript of his Parole Hearing; and (7) grant such other and further relief as this Court deems appropriate, PARTIES, JURISDICTION & VENUE 4. Petitioner Henry “Hank” Mortis, DIN 11 R-0731, is an inmate currently incarcerated at Hudson Correctional Facility, 50 East Court Street, Hudson, New York 12534-0576. Petitioner will have completed his minimum sentence of incarceration on June 18, 2012 and will have achieved a presumptive right of release on that date. 5. Upon information and belief, Respondent New York State Department of Corrections and Community Supervision (“DOCCS”) is an administrative agency of New York State that is in charge of incarcerated persons, with an office located at Building 2, 1220 Washington Avenue, Albany, New York 12226-2050, DOCCS was created in 2011 pursuant to a statutory merger of the New York Department of Correctional Services and the New York Division of Parole. 6. Upon information and belief, Respondent Brian Fischer is the Commissioner of DOCCS, with an office located at Building 2, 1220 Washington Avenue, Albany, New York 12226-2050. Fischer’s responsibilities include ensuring that DOCCS complies with statutory requirements, including promulgating written risk assessment guidelines as required by statute. 7. Upon information and belief, the New York State Board of Parole (“Board”) is an administrative agency housed within DOCCS that maintains some independent decision-making authority regarding, among other things, parole release. The Board’s principal office is located at 97 Central Avenue, Albany, New York 12206. 8. Upon information and belief Respondent Andrea Evans is the Chairwoman of the Board, with an office located at 97 Central Avenue, Albany, New York 12206. Respondent Evans's responsibilities include ensuring that the Board complies with statutory directives, tions with including conducting lawful hearings, developing TAP, and making lawful deter respect to parole. 9. This Petition challenges the determination made by the Board to deny Petitioner's request for parole on his Minimum Sentence Date of June 18, 2012 and the manner in which the