Friday, April 6, 2007

Presidential Candidates ignore the failed drug war.

DEAFENING SILENCE OF DEMOCRATIC CANDIDATES

by Arianna Huffington, Huffington Post


While all the top candidates are vying for the black and Latino vote, they are completely ignoring one of the most pressing issues affecting those constituencies: the failed War on Drugs, a war that has morphed into a war on people of color.

Consider this: according to a 2006 ACLU report, 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.

Such facts and figures have been bandied about for years. But what to do about the legion of nonviolent -- predominantly minority -- drug offenders has long been an electrified third-rail in American politics, a subject to be avoided at all costs by our political leaders, who fear being incinerated on contact for being soft on crime.

You might have thought this would change during a spirited Democratic presidential campaign. But a quick search of the top Democratic hopefuls' websites reveals that not one of them -- not Hillary Clinton, not Barack Obama, not John Edwards, not Joe Biden, not Chris Dodd, not Bill Richardson -- even mentions the drug war, let alone offers any solutions.

The silence coming from Clinton and Obama is particularly deafening.

Obama has written eloquently about his own struggle with drugs, but has not addressed the tragic effect the war on drugs is having on African American communities.

As for Clinton, she flew into Selma to reinforce her image as the wife of "the first black president," and has made much of her plan to attract female voters, but has ignored the suffering of poor, black women right in her own backyard.

Located down the road from her Chappaqua home are two prisons housing female inmates, Taconic and Bedford. Forty-eight percent of the women in Taconic are there for nonviolent drug offenses; 78% of those in the prison are African-American or Hispanic. And Bedford, the state's only maximum security prison for women, is home to some of the worst victims of New York's draconian Rockefeller drug laws -- mothers and grandmothers whose first brush with the law resulted in their being locked away for 15 years or more on nonviolent drug charges.

Yet even though these prisons are so nearby, Clinton has turned a blind eye to the plight of the women locked away there, notably refusing to speak out on their behalf.

Our political leaders' avoidance of this issue comes with a very stiff price (and not just the more than $50 billion a year we're spending on the failed drug war). The toll is paid in shattered families, devastated inner cities, and wasted lives (with no apologies for using that term).

During the ten years I've been writing about the injustice of the drug war, I've repeatedly seen politicians pay lip service to doing something about it, then duck and watch as the sickening status quo claimed more victims. Here in California, of the 171,000 inmates jamming our wildly overcrowded prisons, 36,000 are nonviolent drug offenders.

I remember in 1999 asking Dan Bartlett, then the campaign spokesman for candidate George Bush, about Bush's position on the outrageous disparity between the sentences meted out for possession of crack and those given for possession of powder cocaine - a disparity that has helped fill America's prisons with black low-level drug users. Federal sentencing guidelines dictate that judges impose the same five-year prison sentence for possession of five grams of crack or 500 grams of powder cocaine.

"The different sentencing for crack cocaine and powder cocaine is something that there's no doubt needs to be addressed," Bartlett told me. But in the more than six years since Bush and Bartlett moved into the White House, the problem has gone unaddressed. No doubt about it.

Maybe the president will suddenly wake up and decide to take on the issue five days before he leaves office. That's what Bill Clinton did, writing a 2001 New York Times op-ed in which he trumpeted the need to "immediately reduce the disparity between crack and powder cocaine sentences" -- conveniently putting aside the fact that he had the power to solve it for eight years and did nothing.

When it mattered, he maintained an imperial silence. Then, when it didn't, he became Captain Courageous. And he lamented the failures of our drug policy, acting as though he had been an innocent bystander rather than the chief executive presiding over these failures (indeed, the prison population doubled on his watch).

As a result of our political leaders' neglect, the disparity has continued to wreak havoc on the black community. Even though the majority of crack users are white or Hispanic, 80% of sentenced crack defendants are black. The injustice is so egregious that a conservative Republican senator, Jeff Sessions, is now leading the charge in Congress to ease crack sentences.

"I believe that as a matter of law enforcement and good public policy crack cocaine sentences are too heavy and can't be justified," says Sessions. "People don't want us to be soft on crime, but I think we ought to make the law more rational."

There's a talking point Hillary and Obama should adopt. It's both the right thing and the smart thing. Because of disenfranchisement statues, large numbers of black men who were convicted of drug crimes are ineligible to vote, even those who have fully paid their debt to society. A 2000 study found that 1.4 million African American men -- 13 percent of the total black male population -- were unable to vote in the 2000 election because of state laws barring felons access to the polls. In Florida, one in three black men is permanently disqualified from voting. Think that might have made a difference in the 2000 race? Our short-sighted drug laws have become the 21st Century manifestation of Jim Crow.

Shouldn't this be an issue Democratic presidential candidates deem worthy of their attention?

Source: http://www.huffingtonpost.com/arianna-huffington/the-other-war-democratic_b_44063.html

Prisons Don't Work, study group concludes

http://www.heartland.org/pdf/48301a.pdf

Fletcher promised Reforms for Justice programs, 2004.

KENTUCKY SEES REFORM FOR JUSTICE PROGRAMS

Kentucky Gov. Ernie Fletcher has outlined a broad program of criminal justice reform that would include s reorganization of state police, prisons and courts and increased emphasis on drug offenses.

Kentucky also proposes eliminating the forensics backlog at the state police crime laboratories.

Lt. Gov. Steve Pence who supervises the State Police outlined the plan for the state crime laboratory in testimony before the Senate Judiciary Committee.

Pence said the lab used a federal grant to hire two additional analysts and initiated a plan to reduce the number of tests. The lab would accept crime scene tests when they appeared to be adequate for the prosecution and would stop drug samples when a defendant agrees to enter a guilty plea.

Pence said the governor would reorganize the state police, corrections and juvenile justice agencies into a single public safety agency.

In a major change of direction, the governor would provide community-based treatment for drug offenders to reduce the prison population, head off the need to construct a new 1,000-bed facility and cut correctional costs.

Kentucky is one of the few states with beds available, but its population of 11,900 is approaching operational capacity of 12,162. About 3,600 are serving sentences for drug offenses.

The governor estimates drug treatment would cost an average of about $5,000 for each offender compared to an average of $13,600 the state spent for minimum-security prisoners in 2003 and an average of $17,294 for all prisoners.

The administration said drug treatment is expensive, but is cheaper and more effective than prison. The prison alternative also keeps drug offenders in the workforce and can stabilize families.

Expansion of drug courts and community treatment would also allow the state to postpone the scheduled June opening of the new $90 million Elliot County prison.

The drug treatment program would be part of a comprehensive attack on Kentucky's drug program that the state hopes to begin to put into place by mid-summer.

State health officials estimate 22,000 Kentuckians underwent substance abuse treatment last year and an estimated 348,000 have a substance abuse problem. Based on the Census Bureau's 2003 estimates that would be 8 percent of Kentucky's total population of 4.1 million persons.

Copyright Washington Crime News Service Jan 30, 2004
Provided by ProQuest Information and Learning Company. All rights Reserved

KY county Jails: overview: 72% overcrowded.

A report from the State Auditor, Crit Luallen,
KENTUCKY JAILS: A FINANCIAL OVERVIEW
February 2006 in two volumes
www.auditor.ky.gov.
Summary by Rev. Dr. Paschal Baute

OVERCROWDING EXISTS IN MORE THAN TWO OUT OF THREE OF OUR COUNTY JAILS. We treat drug and alcohol problems in Kentucky mainly by incarceration.

"This study was undertaken after numerous independent county government officials voiced concerns about rising costs of incarceration. In some instances as much as 45% of the county's general fund budget is being dedicated annually to cover local jail expenditures.

Highlights of the Executive Summary.

Kentucky had the nation's 5th highest percentage growth in inmate population in 2004. We ranked second nationally in percentage of State and Federal inmates held.

County Jails. Official capacity is 15,667, but the average is 2000 inmates higher. County jails cost $244 million in fiscal year 2005/

No systematic accounting method exists: costs and expenditures are not well tracked.

Cost of operating jails varies widely, with cost per day ranging from $19. To $84. With an average cost of 36.

Personnel costs, food costs and Health costs all vary widely

Food costs vary from .65/ Per meal to 4.66

Many counties believe that expanding their jails and attracting more state inmates will reduce the overall burden of costs.

Life - Safety jails are expensive to operate.

Overcrowding exists in 53 of the 73 full service and regional jails.

Management of medical costs is a major challenge. State reimbursement is inherently unfair, as some counties actually profit ... from this procedure.

Inconsistency in accounting for inmate fees creates an opportunity for additional revenue, as past due accounts reported total $22 million.

In 2005, the state paid $9.2 milliin less than its proportionate share of costs based on its share of inmate days.

The state's practice of leaving state prisoners in county jails (via controlled intake) or placing state prisoners in county jails either exacerbates or causes overcrowding in 53 of the state's full service and regional jails. Continued overcrowding may lead to federal lawsuits and liability issues.

(Paschal’s note: this ratio means that overcrowding exists in 72% of the county jails, that is, more than two out of three. I have offered volunteer programs in ministry and treatment for addiction in one county jail three times in 2005, and have not yet received either a hearing or even a review of a program well established and recommended by the staff, in the Fayette County Detention Center. I brought this fact to the Corrections Director’s attention at a Prison Ministry and Prison Reform conference organized by the local Catholic Conference in Lexington last fall. His response was that this refusal was against correctional policy.)

Auditors Recommendations are 14 in number and involve the Department of Corrections, other offices and the county jailors. "The lack of an integrated corrections system including the county jail means imbalance in he geographical distribution of facilities, the loss of opportunity fo rthe development of programming for subsets of the inmate population, such as drug or alcohol sbuse programs, unfair cost shifting to some local governments, and lost opportunity for improved efficiency and cost savings."

“It can be noted that the human cost of this inefficiency, overcrowding, and lack of programming to the inmate population is not addressed.”

Basically, Kentucky is treating ADI (Alcohol, Drug and Illegal Prescription substances) by incarceration. We are simply locking up our abusing citizens without any rehabilitation available. Since 80% of the offenses are ADI, we are jailing about ten to fifteen thousand addicts in our state. Recidivism averages about 60-70%. We have shown in the Drug Court programs in Fayette County that these return rates can be reduced to from 50% to 20%, depending on the oversight given.

Summary by Paschal Baute, March 15, 2006. These facts are taken from the Executive Summary, pp. 1-5 of Volume One. “Kentucky Jails: A Financial Overview” Auditors office. 105 Sea Hero Rd. Suite 2, Frankfort, Ky 40601. tel 502.573.0050

Rev. Dr. Paschal Baute, temporary chair, pastoral psychologist
Kentuckians Expecting Effective Justice (Corrections and Prisons) KEEJ
tel. 859-293-5302 Email pbbaute@qx.net. Www.paschalbaute.com

Thursday, April 5, 2007

Incarceration is not an Equal Opportunity punishment

Incarceration is not an equal opportunity punishment

On December 31, 2005, there were 2,193,798 people in U.S. prisons and jails. The United States incarcerates a greater share of its population, 737 per 100,000 residents, than any other country on the planet. But when you break down the statistics you see that incarceration is not an equal opportunity punishment.

U.S. incarceration rates by race, June 30, 2004:

  • Whites: 393 per 100,000
  • Latinos: 957 per 100,000
  • Blacks: 2,531 per 100,000

Gender is an important "filter" on the who goes to prison or jail, June 30, 2005:

  • Females: 129 per 100,000
  • Males: 1,371 per 100,000

Look at just the males by race, and the incarceration rates become even more frightening, June 30, 2005:

  • White males: 709 per 100,000
  • Latino males: 1,856 per 100,000
  • Black males: 4,682 per 100,000

If you look at males aged 25-29 and by race, you can see what is going on even clearer, June 30, 2005:

  • For White males ages 25-29: 1,682 per 100,000.
  • For Latino males ages 25-29: 3,884 per 100,000.
  • For Black males ages 25-29: 11,955 per 100,000. (That's 11.9% of Black men in their late 20s.)

Or you can make some international comparisons:
South Africa under Apartheid was internationally condemned as a racist society.

  • South Africa under apartheid (1993), Black males: 851 per 100,000
  • U.S. under George Bush (2004), Black males: 4,919 per 100,000

What does it mean that the leader of the "free world" locks up its Black males at a rate 5.8 times higher than the most openly racist country in the world?

Statistics as of June 30, 2005 from Prison and Jail Inmates at Midyear 2005, Table 13; Statistics as of June 30, 2004 from Prison and Jail Inmates at Midyear 2004, Tables 14; except for the race rate statistics which are calculated from Table 13 and Census Bureau population estimates. South Africa figures from Marc Mauer, Americans Behind Bars: The International Use of Incarceration. All references to Blacks and Whites are for what the Bureau of Justice Statistics and U.S. Census refer to as "non-Hispanic Blacks" and "non-Hispanic Whites".)


Source: http://www.prisonsucks.com/



Drug Policy, outcomes and effects, summarized and questioned

DRUG POLICY

Of America's 1.7 million prisoners, 1.4 million (80 percent) are incarcerated for drug or alcohol related offenses (alcohol is highly related to violent crime). We have imprisoned our children, turned our country into a gangland, and given up our most precious rights in the name of health! We fight a lost and immoral war instead of teaching our children values. Here are some problems with the policy of war on drugs:
  • It cannot be won as a practical matter. It is exactly like Prohibition. It is a victimless crime. Large amounts of profit ensure it can never be stopped.
  • It is prohibitively expensive as seen by statistics just for the jailing, let alone the enforcement. It criminalizes many who would not otherwise be, therefore it is a policy that cannot be moral. It is estimated that 78 million U.S. citizens have used illegal drugs. Should they all be barred from public office? Should they all be incarcerated? Laws that criminalize more than every third adult are not a good idea.
  • A policy that disproportionately jails so many young black men cannot be moral. It is a racist policy. By pushing the price of drugs, it leads to gangs and the economic collapse of legitimate work and values. It leads to more violent crime as users try to raise the great amounts of money needed for their habits. It destroys an entire segment of society, which should never be tolerated. If these were afluent whites in gangs, the drug laws would be overturned immediately. (Something like the decriminalization of Marijuana). 13 percent of drug users are black and 74 percent of all sentenced to prison for drugs are black. (Scientifc American, August 1999, page 25)
  • It causes the US to interfere in, abuse and destroy other countries like Columbia and Mexico, which is clearly immoral.
  • It causes US citizens to give up rights which they otherwise would not. It leads to enforcement procedures like the use of informers which has a corrosive effect on the moral fiber of the country. The great money, an estimated 67 billion dollars a year, leads to the inevitable corruption of officials.
  • Finally, the drug policy is immoral at its core. Everyone has the innate right to commit suicide. Therefore, any law enacted for safety or to protect the health of the users - like laws against suicide, smoking, alcohol, drugs - has no moral force. They are not permissible. It is simply some busybody telling you what to do. You wouldn't tolerate it from a jerk down the street, so you shouldn't tolerate it from a bunch of jerks down the street; Prudes imposing their rules on people they have no business bothering. Can it be moral to tell someone else how to live, when he is not bothering anybody? It is Big Brother. It is evil. If you are going to tell people how to live, why not be consistent and bring back Prohibition?

  • Alcohol is much worse healthwise than most other drugs. If health is the issue, how can it be healthy to have citizens buy drugs from unreliable pushers, or fly-by-night labs, or use common needles? Impure drugs are not healthy. Are jails healthy? Since prisoners get drugs in jail, how have you improved their health? If you balance the supposed hypothetical good (health) from this busybody policy with the evident evil, no sane person could be for it. If you don't want your kids to do drugs, teach them, but do not imprison them; do not take away their rights; do not give up your rights.
Source: http://www.geocities.com/Pentagon/6315/law/prison.html

Effective Prisons Talking Points,

Prison Reform Talking Points

by REBECCA TUHUS-DUBROW

[posted online on December 19, 2003]

The US prison system is exacting an increasingly heavy toll, both financial and human. Surging numbers of prisons hold more than 2 million inmates, giving the United States the highest rate of incarceration in the world.

Over the past few decades, the dominant criminal justice philosophy dropped rehabilitation in favor of sequestration and retribution. Opportunities for education, job training and drug treatment have fallen out of fashion. "Three strikes" and minimum sentencing laws have led to excessive punishments for millions of nonviolent offenders, especially in the misguided "war on drugs."

Any assessment of the US prison system is incomplete without considering the prison-industrial complex, a network of private corporations with a direct interest in increasing the number of prisoners. Dovetailing with these interests are politicians exploiting tough-on-crime rhetoric that plays well at election time. The reality is that punitive incarceration policies are a relatively ineffective means of reducing crime, especially drug use.

Fortunately, many states are starting to recognize the system's failure and experiment with rehabilitative programs such as job training and drug treatment. These programs are yielding impressive results in the form of reduced recidivism rates and taxpayer costs. But alternative solutions are in constant jeopardy because of the prevailing, federally driven ideology.

Prison Reform Talking Points

1. The conditions of prisons are inhumane. In many prisons, inmates are victims of physical abuse and excessive disciplinary action. Overcrowding and double-bunking are widespread. At the same time, many "supermax" prisons subject inmates to prolonged isolation in tiny cells, which frequently fosters mental illness. Prisoners also tend to have inadequate access to physical and mental healthcare.

2. Prisons are "crime factories." Instead of curbing criminal tendencies, prisons encourage them. Violent and aggressive behavior is standard and even rewarded. It's clear that time served in such conditions regularly creates violent criminals from nonviolent ones.

3. Recidivism rates are exceedingly high. According to the Bureau of Justice Statistics, more than two-thirds of released prisoners are re-arrested within three years. These figures underline the ineffectiveness of prison as a deterrent and a reformer. They also lead to a related criticism of prison trends: Increasingly, people are re-arrested on technical parole violations, such as missing an appointment with a parole officer, and returned to the system more quickly than in the past.

4. Prisons are expensive. According to CBS News, taxpayers are paying an estimated $40 billion a year for prisons. Feeding and caring for an inmate costs about $20,000 a year on average, and construction costs are about $100,000 per cell. The demand to build more prisons has often siphoned funds from the few existing treatment and education programs, leading to a vicious circle in which more prisons are needed because, partly due to the lack of these programs, more prisoners continue to come back.

5. Most of the growth in prison population has been for nonviolent offenders, especially those convicted on drug charges. Because of mandatory sentencing laws, over half of today's inmates are incarcerated on drug charges, despite evidence that treatment programs are much more effective at preventing future drug offenses.

6. The combined effects of disenfranchisement laws, inmate population trends and economic realities perpetuate a racial divide in society. Prisoners are disproportionately from minority communities. According to the Bureau of Justice Statistics, based on current rates of incarceration an estimated 32 percent of black males will enter prison during their lifetime, compared with 17 percent of Hispanic males and 5.9 percent of white males. Once released, many prisoners lack job skills and face employer suspicion. In most states convicted felons are not allowed to vote from prison; in twelve states, felons are disenfranchised for life. These factors contribute to widespread unemployment in minority communities as well as disproportionately meager electoral representation.

7. Under draconian laws, people can end up in jail for life for nonviolent crimes. Because of the ascendancy of "three strikes" laws, for example in California, it is increasingly common for people to receive life sentences for offenses such as drug possession and welfare fraud.

8. Most prisoners will be released into society, and are not prepared by prisons to participate productively. The culture of parole has changed dramatically over the past generation. Now there is much less individualized consideration of how well prepared an inmate is to leave prison. Less help is provided to facilitate that preparation, and fewer parole officers are available to ease the transition back into the community. Such trends are especially dangerous in light of the mental illness and violent tendencies that result from prison conditions.

http://www.thenation.com/docprint.mhtml?i=20040105&s=tuhusdubrow