A night of what was supposed to be a celebration for Jolene Russ instead changed her life forever, when her boyfriend at the time was arrested.
“Bryon was sentenced consecutively for crimes of robbery and burglary," Russ said. "Nobody lost their life in those crimes. People were traumatized in those crimes.”
Bryon Russ Sr., Jolene's husband, was sentenced to 49 years. She said her family and five kids have been through a lot since that day in 2001.
What You Need To Know
- Criminal justice reform groups are pushing lawmakers to pass three laws related to prison sentencing guidelines
- The groups say passing the laws would give judges more freedom to hand down a sentence on a case-by-case basis
- The laws include the Repeal Mandatory Minimums Act, the Second Look Act and the Earned Time Act
“It’s a real traumatic experience to have a loved one incarcerated," Russ said. "The effects on our children is everlasting. There’s no coming back from having to be raised with a parent behind prison walls.”
In the 20 years since, Jolene Russ said she’s seen a positive change in her husband. He's taking classes and seeking therapy while in prison. These developments won’t get him back to his family anytime sooner, however, due to New York’s strict sentencing laws.
“To be able to sentence a person to that long without any mechanism in place to be able re-evaluate them over time is extremely wasteful," she said. "Not just of human life but of taxpayer dollars.”
The personal impact it’s had on her has led Russ to advocate for lawmakers to revisit the way the state sentences people convicted of a crime. According to a study by the New York State Association of Criminal Defense Lawyers, 99% of misdemeanors and 94% of felonies end in guilty pleas. Those cases end up not going to trial, but judges do hand down mandatory minimums.
Jolene Russ is part of a statewide move by advocacy groups like Community Not Cages to get lawmakers to pass three laws related to sentencing: the Repeal Mandatory Minimums Act, Second Look Act and Earned Time Act.
Advocates say these laws would give people who have been rehabilitated while in prison a better chance of getting out and leading productive lives.
“The people, the individuals who are incarcerated, who have rehabilitated, who have done the programs, have moved to a different level of transformation, we’re asking for them to come home," said Alisha Kohn, director of the Queer Justice Committee at the Newburgh LGBTQ Center. "We’re asking for them to come home to stop the violence.”
Jolene Russ said her husband often says prison has equally helped and harmed him. But she recently realized that was because he didn’t have the resources now available to him inside, when he was still a young man. She says to truly reduce crime, more resources need to be given to vulnerable young people.
“If we were to really be able to wrap around our youth and provide these resources that nobody can make happen in action, effectively it seems, that’s where I say the prevention happens,” she said.