A good public safety idea from the Gov (and a note on electric cars)

Steve Novick

Today’s Oregonian reports that Governor Kulongoski is proposing what looks to me like a pretty smart was to spend some Federal stimulus dollars on public safety. When I’ve talked with public safety big brains over the years, they have often said that swiftness and certainty of sanctions for criminal behavior are at least as important as varying the severity of sanctions for a subset of that behavior.  In other words, if you try to always do something to offenders for ‘minor’ violations, it makes a bigger difference in terms of changing behavior, and therefore in terms of public safety, than if (for instance) the penalty for one major infraction is, say, increased to four years from 2.5 years in prison. 
The Governor’s proposal is in line with that idea, and is summarized in an excerpt from the Oregonian article, below.
Meanwhile, while I’m saying nice things about the Governor, I’m also going to take this opportunity to respond to a question raised in a comment on a recent BlueOregon post about a Kulongoski obsession, electric cars: how does the source of the electricity affect the global-warming implications of electric cars? The answer, according to NRDC, is that even an all-coal plug-in electric car is better than a regular car (although not better than one of today’s hybrids).  So Ted’s right - electric cars are good - although to make a big fat difference in global warming the electricity should come from renewables.  See that link below.
Here’s the public safety article excerpt:

Gov. Ted Kulongoski wants to use $13.5 million of Oregon's federal stimulus dollars to create an  enhanced probation program for repeat property and drug offenders who might otherwise face prison under Measure 57.
The program would be modeled after the nationally recognized HOPE program in Hawaii, in which high-risk offenders go before a judge for every probation violation and are sanctioned to short jail stays to try to keep them on track.

Hawaii Judge Steven S. Alm created the program 4 1/2 years ago after he was repeatedly asked to revoke offenders' probation for failing numerous drug tests, missing probation appointments, or refusing or failing to attend treatment. Typically, he said, a probation officer would recommend the offender be sentenced to several years in prison.
"I thought, 'This is crazy. This is not any way to change behavior,'" Alm said, testifying recently before a joint session of the Oregon House and Senate Judiciary committees.
What would dad do?
Alm considered how he, as a parent, would react if his son misbehaved, and decided to apply the same logic to probation.
"I would not essentially ignore it repeatedly and then kick him out of the house a year later," Alm said. Instead, he'd give his son "swift and certain consequences" and talk to him immediately, so he could see his actions' cause and effect.


http://www.oregonlive.com/news/index.ssf/2009/05/oregon_looks_at_tougher_probat.html

http://www.nrdc.org/energy/plugin.pd

  • Jon Buongiovi (unverified)
    (Show?)

    Maybe you could ask Kari for help making links. That's kind of the point, right?

  • (Show?)

    I see what you mean. Kari, why don't these links work?

  • (Show?)

    Probably because you just cut and pasted URLs in, instead of making links. Use the little link button in the editor. Call me if you have trouble.

    [Sorry for the tech support moment everyone. Now back to your regularly scheduled political chatter.]

  • mlw (unverified)
    (Show?)

    The problem is that M57 offenders have already HAD a chance at probation at least once, and probably twice. I wouldn't object to a quick and certain sanction, if it were applied to ALL probationers, not just people who would otherwise be looking at a prison sentence. The problem with the current probation system is that the consequence for most violations is essentially no consequence - a written or verbal reprimand. "You bad boy! You used drugs again!" C'mon - these guys are not impressed by that kind of thing. The HOPE program is effective because it imposed a short, but stringent sanction - usually two days jail - for EVERY violation of the rules. Miss a rehab meeting? Two days jail. Fail to pay your fines? Two days jail.

    Drug Courts get a lot of good press here, too, and some of it deservedly. However, the problem is that they are generally only used for serious drug offenders about to go for long jail stays otherwise. Good Drug Court programs get first time offenders as well.

    The problem with the Governor's idea, as well as increasing Drug Court programs, is not that treatment is a bad idea. The problem is that we're focusing our efforts only on people who, frankly, don't deserve them. By the time you're on your third property crime, it's not time to be getting verbal reprimands! If we think these are good ideas, spend them on the first time offenders so that we can stop them from being second time offenders. These suggestions are not well-intentioned attempts to get people off drugs, or they would apply to all offenders. Instead, they're callous manipulations to reduce the cost of imprisoning repeat offenders. If we really want to decrease the prison population, we should be doing a better job with first time offenders, not giving three time losers an undeserved break.

  • Roy McAvoy (unverified)
    (Show?)

    "Repeatedly asked (by the Probation dept) to revoke offenders' probation for failing numerous drug tests, missing probation appointments, or refusing or failing to attend treatment. Typically, he said, a probation officer would recommend the offender be sentenced to several years in prison".

    I doubt many offenders in this area are recommended for jail because of not checking in with the PO or for missing appointments as required. I am not a PO, but I would love for one them to weigh in and clarify.

    I think a swift result could have a positive impact, but there is a problem that I can see occurring. Many jails are at full capacity. If there is a mandate to bring drug and property offenders into jail for a few days then someone (person crime offenders for instance) may have to walk out the back door. I hope the person coming in is more deserving of the stay than the person going out.

  • Abby NORML (unverified)
    (Show?)

    It's ego strokes for the Christian soldiers, marching on for temperance. Harm reduction and cost reduction strategies are all still too "progressive". We still practice deterrence. If you think that can be sane in today's world, look at the results with a LEGAL drug, like alcohol, in the form of the OLCC. Add that its illegal, and of course the policy doesn't work.

    That's how left, right and center do it. "Our vision was flawed, we totally F'd up, now we've got a bigger problem...give us more money".

    I wonder why they just can't learn.

  • (Show?)

    I concur with what mlw is saying up to the point of repeat offenders. I don't think an either/or approach is constructive. Take the Governor's idea and expand it to include 1st and 2nd offenders too.

    All else being equal... are we all okay with our nation imprisoning a higher percentage of it's citizens than any other nation on the planet? If not then creative ideas are sorely needed.

  • LT (unverified)
    (Show?)

    http://www.statesmanjournal.com/article/20090504/LEGISLATURE/905040331

    is the URL for a story about the Oregon Business Association and Oregon Dist. Attorney's Assoc. talking about the possibility of saving the state money by postponing Measure 57.

    [Sorry, too frustrating to try to do links--gave up after several tries long ago and just cut and paste URLs.]

    Seems to me in such a tough budget climate this proposal deserves debate.

  • genop (unverified)
    (Show?)

    First, some version of better, reality based, intervention is needed. As a society we need to take a proactive approach to drug addiction and the warehousing mentality which does nothing to prevent recidivism. My question though is what happens to a potentially effective program once the stimulus money is gone?

  • mlw (unverified)
    (Show?)

    Ahem, not to be a spoilsport, but we should remember the history here. Mannix sponsored M61, which would have imposed prison sentences for first time offenders in some circumstances. The Leg saw that it was polling well, saw the fiscal impact, and made a deal with the voters with M57 - no mandatory prison for first timers, they would fund rehab for first timers, and repeat offenders would get prison. A lot of folks like me voted for 57 and against 61 because of this.

    Flash forward - now they don't want to fund rehab for first time offenders and want to use the prison money for rehab for repeaters. If the left supports this, there will be a price to pay for acting in bad faith with the voters. Not only will we lose some elections, but ODAA and Mannix will get on board for a more punitive measure that will revoke the watering down provisions and probably impose more prison sentences. We've been down this road before, and it doesn't end well for legislators who anger the voters.

    This is almost exactly like the death penalty debate. We may not like what the public supports, but we have an obligation not to act in bad faith once we know their wishes.

  • Robert Harris (unverified)
    (Show?)

    Intensive probation for repeat offenders isn't a trick by some liberals to prevent bad guys from going to prison. Thats extremely insulting. Its a strategy to keep our community safe and reducing recidivism by trying to fix criminal behaviors using result based sentencing tools

    Intensive probation of first time offenders may be OK. But frankly, many first time offenders never re-offend. So you'd be spending a lot of money and not getting much bang for your buck, if you covered all first time offenders.

    We should be funding Intensive post prison supervision. And I'd like to see the ODDA support that. If intensive Post Prison supervision programs prove effective, both in cost savings and reduced recidivism, perhaps the public would be willing to modify the mandatory minimum sentencing laws and thenimpose the intensive supervision model as an alternative for people facing their first prison sentence in order to avoid the cost of the initial prison sentence.

    I hope so, because I'd really like to get back to having judges sentence defendants, rather than having a 31 year old Dep DA deciding who goes to prison and who doesn't.

  • mlw (unverified)
    (Show?)

    Mr. Harris - You're certainly entitled to your opinion, but that was not the deal the Legislature struck with the electorate. To renege now would be an act of bad faith, and would not serve the larger interests of progressives. Indeed, it would put us crosswise with the rather large segment of society that believes that repeat offenders should go to prison, regardless of whether or not it reforms them or simply punishes them.

    On the larger issue of sentencing policy, I think broad segments of society and the interest groups agree on the need for a comprehensive reform. The best that we could hope for out of this legislature would be a study committee to examine an overhaul next session. That would give it the time it needs.

  • Robert Harris (unverified)
    (Show?)

    mlw. Actually, I was proposing that we DO send repeat property offenders to prison just like M57 provides. I was suggesting that we get more intensive supervision for offenders on their release from prison.

    Thne,If, but only if, that is successful at reducing recidivism, there'd be a better argument to the public that intensive supervision of some repeat offenders BEFORE we sentence them to prison is cheaper and more effective at protecting our community. Then new legislation could be offered if the public supported it.

    I'm not against more intensive supervision of first time offenders, I'm all for it. Sorry if that wasn't clear. I just don't think that its as cost effective in a world of limited budgets, and was pointing out that as the probable reason why the proposal outlined here was being touted.

    Maybe you were put off by my last comment?

  • mlw (unverified)
    (Show?)

    I have seen ISP programs work. You're right in that they should be used in appropriate cases. The problem is that probation offices are too cash strapped to provide an effective ISP program.

  • David Lee Donnell (unverified)
    (Show?)

    Here's a good public service idea. When you donate your vehicle to a charity, and DPS records show no others registered to you, and you sign an affidavit to that effect, you get free public transport vouchers when unemployed.

    It is a minor sacrifice to live without a car...until you become unemployed. That is when it's time for the State to give back for your sacrifice.

  • David Lee Donnell (unverified)
    (Show?)
  • David Lee Donnell (unverified)
    (Show?)
  • Drug Rehabs (unverified)
    (Show?)

    The idea of electric cars is great. I am just curious when this project will become reality. I am sure that that moment will be the greatest one in the world's history.

connect with blueoregon