"Tough on Crime" Policies Produce Schools for Crime. Op Ed submission to Herald Leader, May 7

OP ED submission to Herald Leader editorial page. 3 pp. FX 231-3332
"TOUGH ON CRIME" POLICIES PRODUCE SCHOOLS FOR CRIME.

Key concepts: "Serving time" for non-violent addictive offenders and non-support of children is in no way remedial. Jails and prisons are over-crowded with few programs available. There exists no process for following the recommendations made from tax supported studies. Changes are necessary to save tax dollars and reduce jail and prison costs. An independent commission is recommended.

Serious crises exist in Kentucky which are not being addressed in this political season. The first has to do with use of our tax money and the second, making criminals out of several ever-growing groups of people among us.

America incarcerates more citizens per capita than another other country in the world, including Russia. Kentucky with its harsh sentencing code puts in jail and prison more than three times the average of the seven surrounding states. Since 1975, incarcerations and imprisonments have increased by 6 ½ times while our state population increased by a mere 25%.

Governor Fletcher has been quoted as saying our county budgets are “hemorrhaging” due to the overwhelming burden of supporting an increasing jail population. State expenditures for prisons exploded from $7 million thirty years ago to over $300 million today, an increase of more than 4000 percent.

According to the report of the State Auditor on the county jails, 72% of our full service county jails are overcrowded. Those jails are also warehousing additional state and federal prisons because the added revenue helps support the county budget. Some counties are eager to build bigger jails to keep more inmates so they can raise more money..

This escalation of tax expense and of jail and prison space does not reduce crime. It is not designed to reduce crime. In fact. this growth is out of control. Eighty percent of all offenders are drug and alcohol related but practically no programs are available.

Basically we are now making criminals out of social problems: the prevalence of addiction, child non-support and the release of the mentally ill from asylums. Arrested persons in these categories are worse off after months or years in jail with no remedial programs. Therefore, we as a society are not any better or safer but rather blind to what is happening.

Even though the huge percentage of inmates have committed drug and alcohol related offenses, rehabilitation and transition programs are minimal. Whatever exist are mostly by volunteers. No state agency takes responsibility to ensure that programs can meet actual needs. Consequently, a “Revolving Door” is what happens, with two persons out of three returning within three years. Returning once more to mere warehousing.

Many judges are opposed to the mandatory minimum sentencing for non-violent addictive behaviors. Mandatory minimums cuts out judicial consideration of extenuating circumstances options, and instead puts control into hands of "Tough on Crime" prosecutors. (For example, as Dr. Robert Lawson, UK Law Faculty, in his report, points out, driving with a suspended license or shop lifting can require ten years in prison for a third offense, regardless...)

The trickle-down effect of mandatory minimums and automatic increase of seriousness of previous offenses upon another offense, with rampant drug and alcohol abuse, means that we are forcing a large group of class D felony prisoners onto an already over-crowded jail population. So large an expenditure for warehousing these groups means that there is nothing left for programs of rehabilitation or transition.

So what has "Tough on Crime" legislation accomplished? What we are accomplishing is growing tax supported Stealth Schools for Crime, where with room, board and plenty of time, "serving time" means an education in drug connections, drug dealing and learning new ways to be more shrewd. In the meantime, families are more broken, addictions are deeper, and job skills shot, lost or obsolete. "Serving Time" is in no way remedial for the addictive offender.

Without programs, inmates with already impaired opportunities cannot exit detention better prepared to fit normally into society with regular jobs and supportive families.
Actually they are worse off each time they come out, having dug deeper holes for themselves in addiction, justified negative attitudes and betrayed family trust. The quickest way to survive on the streets is to deal with drugs. All their connections and addictive associates are waiting.

In 2005, the Chief Justice of the Kentucky Supreme Court appointed a Blue Ribbon Sentencing Commission, which with initial sincere enthusiasm, made several recommendations to the General Assembly. Unfortunately no such new legislation was addressed and the Commission has been abandoned. Apparently too many politicians are afraid of being accused of being “soft on crime.” Prosecutors get faster guilty pleas since they hold the cards with mandatory minimum sentencing policies.

But our Justice system, judges and prosecutors, are pledged to administer the law “fairly.” Judges, prosecutors, legislators and citizens –all of us– have a duty to face this crisis. Yet our criminal justice system, let it be said, is not an equal opportunity employer.

African Americans make up 15 percent of drug users, but account for 37 percent of those arrested on drug charges, 59 percent of those convicted, and 74 percent of all drug offenders sentenced to prison. Or consider this: America has 260,000 people in state prisons on nonviolent drug charges; 183,200 (more than 70 percent) are black or Latino. (2006 ACLU report)

Black men are seven times more likely to be incarcerated, with average jail sentences about 10 months longer than those of white men. A total of 12% of Black men in their 20s are in our correctional system, that is about 1/8 of this age group. (National Urban League figures, released April 17)

Since mandatory minimum sentencing first began for drug offenders, the Federal Bureau of Prisons' budget has increased by more than 2,100%, namely, from $220 million in 1986 to about $4.4 billion in 2004. Because of mandatory minimum sentences, the number of drug offenders in federal prison grew from 25% of the total inmate population in 1981 to 60% in 2001. It is larger still now.

What is a remedy? First of all, wake up to what we are getting from our taxes. We are not getting more safety and security that Tough on Crime advocates highly tout. We have created Stealth Schools for Crime by the revolving door. We have issues to address. We have reports, tax paid and supported, such as the State Auditor’s report on county jails with 14 recommendations that are already lost in the winds of political change.

We propose creating a permanent independent oversight commission on Sentencing, Corrections and Rehabilitation. Key players, such as Supreme Court judges, Attorney General, Corrections director or their reps would be included. A non-partisan citizens review panel for sustaining public advocacy and interest needs to be part of that Commission.

We ask the commission be chaired by distinguished legal scholars, perhaps rotating among our three law schools. Beginning chair could be someone with the qualifications of Dr. Robert Lawson, of the UK Law Faculty who has already written extensively on these matters and visited a number of county jails. (This legal scholar describes this situation with the term “criminalizing addictive behavior” repeatedly.)

Initially we see the urgent immediate mission is to vet the recommendations already made by State Auditor and the now dead Blue Ribbon Commission on Sentencing, for changes in legislation and sentencing policy. Then examine and support work release and effective treatment programs in order to reduce the revolving door.

An estimated $50-100 million per year could be saved in Kentucky (estimated figure from an attorney who is in court or jail or both everyday) Not to speak of lives and parents given back to many families.

We challenge each candidate for governor and for attorney general to announce their own proposals to address these issues. Many other changes are possible.

Rev. Paschal Baute, Ed. D.
Pastoral Psychologist
May 7, 2007
4080 Lofgren Court
Lexington, Ky
tel 859-293-5302

(Editor: we do not expect you to list these, but recognize that these issues are of concern to a number of citizens groups in Central Kentucky

Chair, Kentuckians Expecting Effective Justice
Facilitator of the Spiritual Growth Network of Kentucky
Coordinator of interfaith Fierce Landscape program at the Fayette Detention Cnnter now in its 5th year with ten volunteers. (Note: This program was featured in your Community section last August by Robin Roenker.)
This letter is signed by other indivdiuals whose names can be provided and these groups;
Central Kentucky Council of Peace and Justice.
Lexington Society of Friends.
Kingdom Purpose Ministries
Bluegrass Christian Community
Note to editor: Fact sheets on all factual matters listed can be found on my web blog at “Kentuckians Expecting...” Via my web site: www.paschalbaute.com, and scan to bottom blog.

Also The Interfaith Alliance (TIA) of the Bluegrass, president Mike Ward, has addressed this issue in a letter to the now abandoned Blue Ribbon Commission on Sentencing and are ready to follow it up. This is a group of progressive clergy and laity in Central Kentucky.
The Clergy and Laity Network of Kentucky have also addressed the issue and support this initiative.

These issues are also being addressed by the National Drug Policy Alliance,
and
The Sentencing Project,
both of which recognize the issues above are national, not merely local problems.