Corrections Sentencing 2020

Thinking Outside the Corrections and Sentencing Silo

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Quote of the Day

All human sin seems so much worse in its consequences than in its intentions.

 

Reinhold Niebuhr






Research and Data Links

What Works

Policy Ideas for Necessary Retrenching and Triage

JCO Special Topics Series

10 Likely Components of Corrections Sentencing in 2020

Part One

Part Two 

Part Three

Other Outside the Silo Thoughts on Corrections Sentencing 2020

Doing More with Less

Prologue

Part One:  Selection

Part Two:  Training

Part Three:  Performance Measures

Part Four:  Staff Development and Mentoring

TECHNOCORRECTIONS and Its Control

Part One

Part Two

Part Three

Part Four

Remembering How We Got Here [the crime rage of the 1990s]

Part One

Part Two

Part Three

"Drinks on Me!!" [county responsibility for funding more corrections sentencing]

Part One

Part Two

Part Three

The Right Questions to Ask [program evaluation for regular people]

Part One

Part Two

Part Three

The TECHNOCORRECTIONS Approach to Alcohol Treatment

Part One

Part Two

So You Want to Start a Sentencing Commission?

Part One

Part Two

Part Three

Part Four

Part Five

Part Six

Part Seven

Part Eight

Part Nine

Part Ten

Part Eleven

Part Twelve

"They're Just Not into You" Policymakers and Researchers

Prologue

Part One

Part Two

Part Three

Part Four

Part Five

Part Six

Part Seven

Part Eight

Interview Prep Skills and How Selection SHOULD Work

Part One

Part Two

Part Three

The New Criminal Justice--Unnoticed but Not Uneventful

Part One

Part Two

Part Three

Part Four

Outside the Silo Book Reviews

Welcome to Corrections Sentencing 2020

Thank you for visiting our website and home. We hope you will make it a regular stop, hopefully even bestow upon it that hallowed bookmark. As you will see from the What This Blog Is and What This Blog Is Not posts, we will take a proactive, futures approach to corrections and sentencing policy. The approach will perhaps seem confrontational because it rejects acceptance of the current status quo in the face of an arriving Perfect Storm of fiscal and environmental pressures that are already assaulting most state and local budgets and will continue to do so for years and years to come. We will provide you the latest research and news not only concerning corrections and sentencing but also concerning those fiscal and environment concerns, spiced by commentaries by us and the kind contributors we bring on board.

We refuse to be a gloom and doom site, though. We will be diligent about providing ideas and examples of ways to address the practical and the theoretical issues facing corrections and sentencing as they adjust to the unpredictably changing world evolving before us. We hope you will find us a useful and convenient site for information and options to deal with problems and issues that either don’t respond to the old practices or have never really been addressed before. If you are attuned to the world we’re facing but wary that you’ve been alone, you’re not, and we will do our best to make sure you aren’t disappointed whenever you visit. Even if you don’t accept part or all of what we’re talking about right now, we feel that the new realities hurtling down on all of us in corrections and sentencing will bring you back, whether you want to or not. Don’t worry. We’ll just be glad to see you again.

Our point is that the world of corrections and sentencing will dramatically change by 2020, even more and in different ways than it has changed in the last few years. It goes without saying that we can deal with that well or badly or somewhere in between, with precious public safety and scarce tax dollars in the balance. We vote for “well.” We think we have something to contribute to that, and what we can’t help with, we’ll find and get to you here as fast and as much as possible. We don’t have to take this swirling, disruptive future lying down.

We’ll look forward to seeing you here.

Blog

  • The Power of Ready Ideas

    It may have surprised you the other day, if you thought about it at all, when we used a positive quote from Milton Friedman, the high priest of the sociopathic cult of Economics. No, it wasn’t really a “positive” quote: “Only a crisis—actual or perceived—produces real change. When the crisis occurs, the action taken depends on the ideas that are lying around.” But you have to remember that today’s economics is more political doctrine than objective truth, not a description of reality but a program for distributing a community’s wealth. So having His Excellency discussing political strategy is not odd. And the subsequent success of Friedman and his bishops and acolytes politically should tell us that we should pay serious attention to his political insights regardless of his economic [sic] ones.

    In fact, his quote spells out quite well what we’re trying to do here at this blog. Most states are already in budget “crisis” stage without the bulk of the coming impact of The Perfect Storm even having hit yet. The smartest states, like CO and to a lesser extent, NY and CT, have set out smart strategies toward Corrections Sentencing in 2020. Some, like CA and IL, have recognized they’re drowning but have become those swimmers lifeguards fear, the ones who flail so desperately and futilely that they take everyone around them with them. Others, like AZ and AL and a long list of only slightly less determined, are cutting anything and everything that make them worth living and investing in before they touch their prisons in any serious ways.

    The problem they’re all facing—somewhat good, cluelessly bad, and horrifically ugly—is that the ideas lying around when the crisis came were designed for far less change than is now needed. There is very little in Corrections Sentencing Reform 1.0 that wasn’t discussed in the 1990s, 15-20 years ago, when that recession was far shorter and less destructive than the current “recovery” that has far, far to go before catching us up to where we were. And when/if it does, it faces steeper bills and reconstruction even without the problems of higher energy costs, weather disasters quick and prolonged, and accompanying water and food concerns we detail here. IOW, 1.0 didn’t get the job done a decade ago when the challenges were less severe and is now supposed to solve problems far less tractable. It’s no surprise then that even “successful” 1.0 states are nevertheless doing that flailing budget thing.

    So the key to meeting the “crisis” of Corrections Sentencing by 2020 is to seek and discover the other ideas that Friedman says will be adopted as the depth and extent of this crisis becomes more real and undeniable even to the most determined. Some states will fail and their futures will rely on outside support and global prices of their commodities. Not a pretty picture, but they’ll have only their mirrors to blame. In the meantime, some states will recognize the need for better, more far-reaching ideas that will allow them to triage and marshal their existing resources better. Some, as we noted, already are.

    We want to be part of those states’ renaissances. Corrections Sentencing Reform 1.0 as Best Practice ideas is good as part of the plan, but greatly insufficient and in fact damaging if it wastes too much time, energy, and confidence in the legitimacy of reform efforts. 1.0 is too “inside the silo,” insisting that tweaking of current practices and “buy-in” of the practitioners and decision-makers who have overseen the paths to where states are today will be enough. They aren’t, as is already clear and will become more so as the crisis we call The Perfect Storm continues to cascade.

    In the end, that’s why we approvingly quote someone whose intellectual legacy to this country will be what Vladimir Lenin’s was to his. Both Friedman and Lenin understood the political power of having ready ideas to plunk into gaps and answer questions when the old “truths” didn’t get the job done anymore. More positively, so did people like Ben Franklin and James Madison. It’s the ideas and why and who they’re implemented for that matter. So that’s why we do this blog, why we want your ideas, and why we want the conversation to spread. The longer the old ideas are the only ones around, the longer this crisis will go on.


  • Why USA Today Will Be Worthless During The Perfect Storm

    As a source of the always dangerous Conventional Wisdom among the Serious People, USA Today yesterday showed why a little bit of profundity not only doesn’t go a long way but can be deathly. It took on the recent report that found that PSA screening for prostate cancer (not to be mistaken for its more frequently pronounced cousin, prostrate cancer, which might be real actually) has to be done to 1000 patients before it saves one live.

    Now its editorial does admit that there are all kinds of serious side effects possible and actual for the 999 unsaved but cut upon, although it minimizes them in ways that real recipients would be unlikely to. But what’s the harm, it asks, in getting the test when that one life can be saved? You can’t rely on stats giving you averages to make decisions for the specific individual. Here’s how it sums up its recommendation: The task force's approach seems based on the theory that what you don't know can't hurt you. Well, it can.

    If you’ve read this blog much at all, you probably know what’s coming because the same “as long as we save one life,” “you can’t place a value on human life” nonsense contaminates Corrections Sentencing policy. The concept is “opportunity costs,” and that the USA Today editorialist doesn’t understand it shows that that semester in Econ in college really was a lost weekend.

    It turns out that, if you multiply the 999 unnecessary tests, for prostate cancer, similarly for mammograms and colonoscopies, by the amount per test and then multiply that times the actual number done in a year, that’s a substantial amount of money. Money denied people, for whatever reasons, who have need for treatment of much more serious and likely prospects. But they don’t get it because it’s been spent on these treatments. Like more crime and victimization occur when we put people into costly prisons that aren’t as effective with them and not into actual effective alternatives. We don’t know who those crime victims are because they can’t be counted and people like the USA Today writer clearly wouldn’t understand the concept anyway if printed in crayon, just like s/he doesn’t get that wasted dollars in health care do in fact have harmful and deathly results which the report issuers are trying to avoid.

    The editorial is just a nice example of what happens when people don’t have a clue about the scarcity of resources and/or care about their most effective expenditures. We’ll be waiting for them to say it’s okay to put 999 people better managed and corrected by non-prison alternatives into prison as long as we don’t miss that one guy who’s really bad. Value of human life, you know. When you’re given a credit card that someone has to put the final payments on. As paragons of conventional wisdom, USA Today shows us just how worthless the mainstream media will be as all the waves of The Storm whack around the status quo for the coming years. The ideas that will get us to the other side, in health, in Corrections Sentencing, in general will have to come from the unconventional wisdom. Of course, that’s probably been obvious to you for a long time by now.


  • News of the Day 5-24-12

    Inside the Silo News

    “Bills Seek to Assist Ex-Felons Seeking Jobs”

    California trying to join 13 other states in the “ban the box” effort to take the “have you been convicted of a felony?” question off employment applications.  The state is also considering something Corrections Sentencing for 2020 like (!), changing the length of sentence for possessing drugs from 3 to 1 year.  Of course, the “stakeholders” who have gotten CA where it is today oppose both efforts. (And it’s really not likely either will pass, but maybe the old “momentum” thing will kick in.  They will by 2020.)

    “The Kinder, Gentler Drug Czar Still Wants to Lock You Up for Pot”

    Along that line, we noted the other day when, coincidentally during an election campaign, the Drug Czar announced that we can’t arrest our way out of our drug problem, that we would need to see the hammering hand of the feds in matters the Constitution leaves to the states before we would believe it.  This guy says it better than we did, and with graphs and data.

    “Officials:  Drug Fight Must Focus on Demand”

    Same message as the above, only delivered specifically in Arizona, as we’ve noted, the mother ship of things serious in Corrections Sentencing reform.

    “Oregon Legislature Set to Erase 190 State Government Positions, Mostly Management”

    39 of them in the state DOC, including 24 “lieutenant”positions, although the story explains why that’s not as impressive as it may sound.  What’s interesting about this is that the state agencies were given orders, not “buy-in,” that said cut $24m. and start triaging with these positions and consultants (eek!!).  Of course, the state with a triaging state health care system probably would be among the first to openly embrace the concept elsewhere.

    “Judge:  Parole Officials Can Be Held Liable over Sex Offender Restrictions”

    This could strike fear well beyond its Texas borders.  Specifically deals with that controversy over the state denying due process rights to the offenders.  Most states wouldn’t be Texas (insert joke here), but the principle might have wider applications.

    “NM Prisons May Get Crime Stoppers, Crisis Hotlines”

    Giant problem, we all know, with getting inmates to report sexual assault.  NM experimenting with the well known “whistle blower” kind of methods that we don’t generally expect inside prisons.  Skeptical, but who knows?  And, if it works, it would be that beloved policy, one already well understood and easy to implement.

     

    Outside the Silo News

    “Gas Price Expected to Peak at $3.90 This Summer”

    Michigan, not all states. Whose mileage may vary.  But whose budgets are probably still shuttering.

    “Budget Shortfall Could Mean Shorter School Year”

    15 days less.  Because we all know that education is improved by less of it and longer gaps between when one year stops and the next one starts. Because we all know it’s much more important for California’s future to spend those dollars on tens of thousands of jail and prison beds.  Good luck in the future there.


  • Why Weed and Seed's Demise Matters to Corrections Sentencing

    Not for the reasons you might think, that a major crime control program with almost two decades of history has bitten the dust. But that Weed and Seed was as much the result of the old “Broken Windows” theory as some cities’ “stop and frisk” policies today. And “broken windows” was the result of work done by James Q. Wilson, whose passing a few weeks back we did not mourn. Virtually all the hymn-like obituaries, we noted, praised him for the “broken windows” approach and completely ignored his enormous contribution to the misguided and harmful prison buildup of the last four decades.

    Well, two pins to poke holes have appeared.

    One is this piece by one of his former conservative colleagues who, rare among the pundits who discussed Wilson, said flat out that he had a lot to answer for, a lot more actually than the writer really got into. The other is the acknowledged loss of support for one of the primary policies for which Wilson received praise. We don’t wish bad upon the dead, but we do wish a realistic perspective rather than hosannas to impact and schmoozing ability that typified the coverage of his passing. That only one person in the national media has actually done so tells us all we need to know about their coming contributions toward understanding what needs to be done in Corrections Sentencing in The Perfect Storm and how to get it done. That’s why what happened to Weed and Seed particularly matters to us. He was wrong on it and he was wrong on prisons. But he could apparently tell a good story in the bar after the meeting.



  • If American History Had Been Done Like Corrections Sentencing Policy II

    (An Occasional Series)

    Colonial Independence Advisory Commission Writing Declaration

    (Colonial News Service)

    Monday, June 3, 1776

    As its work comes to a close, the Colonial Independence Advisory Commission has appointed a committee to write a declaration stating the purposes of future actions of the Colonies. The Commission, composed of all stakeholders in the question of colonial separation from Great Britain, including members of independence bodies, Tories, and Royal Officials, has spent the summer rationally discussing without confrontation all elements to be considered in that separation. The committee to write the declaration consists of Mr. B. Franklin of Pennsylvania, Mr. J. Adams of Massachusetts, and Mr. T. Jefferson of Virginia representing colonial interests and three unnamed representatives from both the Tory contigent and three officials to be appointed by the Crown. An official press release from King George III emphasizes that “above all, what is most important in these matters is that all stakeholders in the future of the colonies compromise and reach consensus on our common values as to whether the colonies should be independent or not.”

    This “Declaration of Independence or Not” is expected by July 4, 1776.


  • Sometimes Coincidences ARE Perfect

    After we posted the item on what would have happened to the Declaration of Independence had the forefathers used the same approach we take to Corrections Sentencing Reform, the State of Oregon supplies us with a perfect and totally coincidental example of how we use the same "stakeholders" to hold onto the stakes they built up giving us the mess that we're supposed to be correcting. Check back here five, ten years from now (likely even less) for what American History is saying about this effort. We’ll still be monitoring.


  • News of the Day 5-23-12

    (Sorry for the late links. Been wrestling either with food poisoning or flu since 1:30 this morning.  Enough said about that.  We’ll be back to full links tomorrow.  We think.)

    Inside the Silo News

    “Corrections Mentality:  Here for Punishment or As Punishment?

    Corrections.com piece. Answer will determine what happens when inmates reenter, one way or the other.

    “Proposed Cuts Could Close Avoyelles Prison”

    And two others in Louisiana. Some budget games going on, like in Alabama last week, another desperate state in that vicinity.  What was interesting there and here is that corrections spending does seem to be becoming a legit bargaining chip compared to the old days.  Small steps, but putting prison closures on the table will eventually be the chosen path for states serious about dealing with their budgets.  Instead of playing the “one-time” money game that is happening in LA.

    “Houston Stops Helping Louisiana Fill Beds in Its For-Profit Prisons”

    “Texas Puts More People in Treatment and Fewer People in Prison”

    The New Orleans Times-Picayune finishes up its superlative series on LA’s massive prison problems and the politics, not public safety, that drives the state to steroid-status.

    “Polifact N.J.:  Cory Booker Said Black People Represent Nearly Two-Thirds of State’s Prison System”

    Unlike other things he’s been on cable news for saying lately, this item withstands heat.  But still controversial.

    “Mississippi Prison on Lockdown After Guard Dies”

    As for the OK P&P officer killed last week, please keep the guard and his family and friends in your thoughts and prayers.

    “Calif. Inmate Switch Puts Pressure on County Jails”

    Stop the Presses!! Really?!  What’s good about this story is the relating of how some jails are now seriously trying to figure out the best candidates to be released to alternatives so the worser guys from the state can be housed.  Exactly the process almost all state systems will have to go through as The Perfect Storm cleans out state budgets in coming years.  But don’t forget that CA is adding beds at both the county and state levels, so this may turn back into the familiar bigger problem soon.

    “US Prison Inmates Returning to Society:  How Will They Be Received?”

    Speaking of which. The answer clearly is how well the states and counties do that distinguishing, careful assessment or helter-skelter.  The latter has been winning in most states to this point.  No coincidence the story is primarily about CA.

    “Parole Crackdown Leads to Shortage of Jailbeds in Metro Detroit”

    And a nice story basically pulling the two directly above together, albeit MI, not CA.  Parole changes were at the heart of MI’s recent reforms including prison closure, but this shows how easily Corrections Sentencing Reform 1.0 changes can be reversed if pressure can become sufficient.  That’s why prisons have to be brought offline AND jails have to have their pops capped (so to speak) if you want the long-term, more effective public safety strategies to sustain.

     

    Outside the Silo News

    “Deloitte:  As Economy Rebounds, Energy Users Stick to Diet”

    The US showed back in the 1970s that conservation was sustainable and one of the best and easiest ways to deal with the myriad of problems associated with The Perfect Storm beyond just higher future energy costs.  The examples are there for our facilities and other buildings.  Those that haven’t started planning yet need to.

    “Wisconsin Hospital Is Powered by Beer and Cheese”

    Another precedent setter for our facilities, and don’t tell me that inmates would be unwilling to participate.  (Don’t worry, the story describes why that’s not really on the table, so to speak.) And you have no idea how hard it was to post this story after the night I had last night and this morning.  Even right now.  But for you, I’m courageous.  You’re welcome.

     


  • Perfect Storm News This Week

    “U.S. Forecasters Say Heat Will Stay on This Summer”

    Well, I used to project prison populations so I don’t condemn weather forecasters for backtracking. The prediction we reported a while back that this summer might be mild after May?  Fuggedaboudit.  Looks like 2/3rds of the country will have a hotter than average summer.  And that’s after the last 12 months from April back to May 2011 turned out to be the hottest 12 consecutive months on record. Hope you got plenty of water for that garden you planted.  Like we did.

    “Study: Extreme Rain Storms in Midwest Have Doubled in Last 50 Years”

    That’s with only about half of the BEST case scenario forfuture warming having played out. Tornadoes, floods, just general gully-washers (people from our neck of the woods can interpret that for you). Billions of dollars in damage, some repairs from state and local gov budgets.  Agriculture and other losses cutting into state revenue.  The Midwest likely to get nailed.  Just as they breathed sighs of relief from not being heavily hammered by those drought predictions.

    "Tiles May Help Shrink Carbon Footprint by Harnessing Pedestrian Power"

    Good news on possible (and weird) energy resource.  Surely there's some way we could make this work at facilities.

    “Vermont Fracking Ban:  Green Mountain State Is First in U.S. to Restrict Gas Drilling Technique”

    That the state has no natural gas to frack seems to be overlooked.  Yeah, yeah, it’s Ben and Jerry-Land, but here’s the Governor’s quote you need to hear since it does apply where you and your kids live and to all your futures: 

    In the coming generation or two,"drinking water will be more valuable than oil or natural gas," Shumlin said.

    "Human beings survived for thousands and thousands of years without oil and without natural gas," he said. "We have never known humanity or life on this plant to survive without clean water."

    “The Age of Extreme Oil: ‘This Used to Be a Forest?’”

    Story about Canada’s oil sands and how much more it takes now to get it now that Jed Clampett oil has disappeared.  Not necessarily exciting, but this section with some basic stats to keep in mind when you hear the wonders of energy future stories:

    Alberta's oil sands are the obvious example: Here, on average, two tonnes of earth must be strip-mined and seven barrels of water heated to steam in order to produce a barrel of oil. It takes a barrel's worth of energy to produce just three barrels of oil; 30 years ago it would have been 100.

     

    But extreme oil isn't just a Canadian phenomenon: In 1985, only 6 per cent of the oil from the Gulf of Mexico came from wells drilled in water more than 300 metres deep. By 2009, it was 80 percent, including BP's Deepwater Horizon rig, which delved 1,500 metres underwater and then another four kilometres below the sea floor before exploding into history in its accident on April 20, 2010.

    It’s not that the stuff’s not there.  It’s that the costs of it (and all the stuff to get it out, like water) keep getting higher.   And so do ours.


  • News of the Day 5-22-12

    Inside the Silo News

    “Test All Baby Boomers for Hepatitis C, CDC Urges”

    I taught a corrections class this last spring that had a corrections nurse in it.  When we got to the section on special issues and talked about health care, aging, AIDS, etc., she got wound up on Hep C.  Turns out she was right.  And combine that with that “aging” thing when our fastest growing inmate populations are the 50+ years guys.  See why and how corrections budgets will continue to grow even if we do reduce overall populations incrementally?

    “Odd Bedfellows Get Together Behind Prison Phone Rate Reform”

    American Conservative Union and civil rights groups, wanting costs reduced so that inmates and families can stay in touch, going after the FCC for regulations.

    “Prisoners Challenge Extended Confinement for Sex Crimes”

    Feds getting serious pushback on their civil commitment of sex offenders.  Good thing states don’t do that or they might find themselves pushed, too.

     

    Outside the Silo News

    “Half of U.S. Nonresidential Construction to Be ‘Green’ by 2015:  Firms Must Embrace Sector ‘To Stay Competitive’”

    Our real point in nothing this goes back to the argument we keep pushing here that the best and most constructive (sorry) prep we can be giving inmates who will return to their communities is in “green” construction:

    More than 85 percent of engineering & design firms, and more than 90 percent of general contractors say it will be difficult to find skilled employees to meet the boom in demand for green projects. In October, McGraw-Hill reported that 35percent of workers have green jobs in the sector; by 2014, 45 percent will have green jobs.

    Click the link for more details. 

    “The Situation of Gender in the Workplace”

    If you aren’t aware of the Implicit Association Test and how it calls out all of us who like to think we’ve conquered our biases, you can find out about that here.  Once you’ve done so, you can click to the post showing that higher executives whose wives stay at home may say they’re unbiased against women in those higher positions but their IAT says no-no.  Companies in the study, but just might apply to DOCs, right, you DOC female execs?


  • Interview Prep Skills and How Selection SHOULD Work Part Three

    --J'me Overstreet

    (Third of a four-part series, one part each week. You can find the first two parts here and here.)

    III. How do I rate the applicant’s responses?
    Rating the applicant’s responses is no doubt the most difficult part of the entire process. Some organizations use numbered rating scales; and some use words such as “low”, “medium”, and “high”. Regardless of the system chosen, the critical point is that each number or word on the scale has been defined to provide the most consistent rating decisions among the group of interviewers. In other words, on a rating scale of 1-5, without defined parameters, what are the odds my “3” means the same as your “3”? Probably about the same odds as winning the lottery, which obviously I have not done yet or I wouldn’t be writing this boring article on interviewing!

    Here is a sample of how you might use words to guide a more consistent scoring selection among multiple raters using the terms, “low”, “medium”, and “high” which also correspond to a numerical scale of 1-5. Here we go:

    High (4-5 points): This rating is given when the applicant uses examples of behaviors that represent SIGNIFICANT knowledge or ability for that skill. Applicant has demonstrated successful experience in this area.

    Medium (2-3 points): This rating is given when the applicant uses examples of behaviors that represent SOME knowledge or ability for that skill. Applicant has some experience in this area but may need more experience or professional growth which could be learned in the position they are applying for.

    Low (0-1 points): This rating is given when the applicant uses examples of behaviors that represent LITTLE or NO knowledge or ability for that skill. Applicant either has not had experience in this area at all or provides inappropriate examples indicating skill level is below level needed for this position.

    Finally, most organizations give the performance appraisal some formal consideration during this process. It should not be ignored during the process.


  • News of the Day 5-21-12

    Inside the Silo News

    “Since When Don’t We Put a Price Tag on Justice?”

    Finally.  A serious comment on one of the most harmful and unserious clichés in all policy making, but especially those like health care and Corrections Sentencing where we turn our credit card over to patients and doctors and victims and prosecutors and pull up to Ruth’s Chris.  Specific topic is funding for the state’s death penalty, but applies to all we do. People who have to budget a finite amount of resources know all the trade-offs that have to be made on a WIDE range of life-affecting funding decisions, and anyone claiming they should have unlimited access to those funds and others should suffer as a result is displaying the same mentality as the commonest of criminals.

    “States Have Second Thoughts about Juveniles in Adult Court”

    STATELINE does a nice analysis of Colorado’s backtracking on its crackdown on juvenile offenders back in the 1990s.  What’s particularly hopeful about this is that it’s the first serious take back of power from prosecutors that we’ve seen in a long time.  Yes, it’s Colorado, one of the sole bastions of sanity among the states right now, but maybe some other states will catch on.  Of course, an archangel CO DA is right there to warn of the blood and carnage if his colleagues aren’t in charge of justice there like they have been throughout the needless buildup the state is now actively trying to recover from. Other states mentioned, as well as some research.  Very good post.

     

    Outside the Silo News

    “Factoid” from GOVERNING

    What we’re talking about when we talk about The Perfect Storm hitting in ways that mean even recovery in the economy won’t take us back to The Good Old Days: 

    Here's a factoid for leaders of states, counties and cities who need to make the case that the backlog of local infrastructure investment in the United States has reached an alarming point: According to the Federal Highway Administration, the average U.S. bridge was built to last 50 years and is already 42 years old.

    And that’s without the effects on infrastructure of changes in temperature and access to cheap energy.

    “Going Underground”

    This blog post notes how much of Spain’s economy has moved “black market” and off the books.  We’ve seen references to similar unsurprising behavior in other European countries and even here.  The question becomes, if/when the extent gets large enough there and here to make centralized econ policy decisions virtually unenforceable, will that behavior become criminal?  And are there enough prisons? 

     


  • Sunday Outside the Silo Book Review 5-20-12

    As part of our endless quest in the face of slow news days to provide you relevant info on how to deal with the forces facing correction sentencing as we approach 2020, we will every Sunday provide the familiar “book review.” Well, not so familiar, actually. We intend to focus on books that don’t fit into the reigning “inside the silo” paradigm that has so successfully gotten us where we are today. Sometimes that may mean corrections and/or sentencing books that challenge the existing mantras. Other times, it may mean books that don’t even touch on corrections and/or sentencing but have significant relevance that we would otherwise miss by insisting on staying inside our silo. And, so you won’t have to worry about bookmarking or coming back and scrolling through archives when you want to check something we said,we will gladly post each review over on the left-hand side of the blog for easy reference. Please. Don’t thank us. The astonishment in your eyes is enough.

    I got elected to a small town school board just when the “reform” efforts in public education were shifting to the “one size fits all,” “top down” approach that dominates the ridiculous testing mentality of current education policy (detailed in this book review a few weeks back). While all that was swirling, my wife and I were busy working with the principals of my son’s schools, making sure as best we could that his teachers would be well matched to his needs and talents. We weren’t the only ones, although being a school board member may have helped us a bit more than others. The point is that we knew even then that you maxed a kid’s education by getting that kid hooked up with the teachers whose strengths matched up right, not by constant testing and elimination of all subjects that can’t be tested easily. Good outcomes have to take into account context and the people actually in play. Pronouncements from on-high, “solutions” pre-packaged and shipped in any and all locations, ignorances of context and situations—they looked good on paper maybe, but the results didn’t get you where you said you wanted to be.

    We’ve noted regularly here that the country in recent years has tried this blunderbuss approach to practically all policy areas, not just education. And it’s very pronounced in Corrections Sentencing, with its bazooka mandatory minimums and longer sentences for actually going to trial, where sentencing commissions and guidelines were dropped on native populations like manna and then replaced by recitations of one from column A, one from column B by current reformers when the results of the first on-high pronouncements became clear. And they will be replaced soon by different on-high pronouncements.

    Too gloomy? Off base? We would like you to read the truly remarkable Don’t Shoot: One Man, A Street Fellowship, and the End of Violence in Inner-City America by the equally remarkable David Kennedy. Maybe you’re already familiar with Kennedy and his well-traveled and effective Ceasefire program that concentrates on high-offending criminals, drugs and guns, and cooperative partnerships among all the folks in a neighborhood who want all that stopped (including as a rule most of the offenders themselves). As he recounts, he and his colleagues sorta blundered into it in Boston where extraordinary humility and openness to reality convinced them that on-high wasn’t going to understand or get it done. Basically, the cops would call in hard core offenders and say, look, we want this stopped, you want this stopped, everyone wants this stopped so everyone can live lives without neverending fear. You keep it up and we will drop a giant hammer on you. You work with us, we’ll work with you. The key ingredient is building trust and legitimacy, among the participants, within the participants that they can see this through and have an impact. The program has been so successful that many other cities have taken it on, as described effectively in the book.

    The book itself is a partial autobiography, a policy history, and a manual for both effective ground-up program and policy planning and learning on the fly as contexts differ and change. As someone who’s been involved in not nearly as dangerous but just as hands-on efforts in both public education and criminal justice, I read these accounts with satisfaction that somebody out there actually does get it, the flux of personalities and events and luck that mix in ways statistical models just can’t capture. One of the most pleasant parts of the book for me was Kennedy’s description of how his request for NIJ assistance was bound for the trash can since the project was conjectural and couldn’t stand NIJ’s academics’ insistence that value is found in research design, not policy impact. Only Jeremy Travis, an NIJ director with actual street-level experience, saved the day and the rest, as they say . . . . I gave up reviewing NIJ proposals because I was seeing too many important and useful topics and policies cast aside due to what were often inherent flaws in designability while ultimately comparatively irrelevant projects were approved because they checked all the design boxes. It was too depressing to continually see this insistence on academic purity derail what those of us in the field really needed to know even if imperfectly. That Travis inadvertently delivered proof of that through Kennedy and colleagues is a nice affirmation.

    Kennedy is a terrific writer, and his passion for his work and topic, the people he sees doing the grunt level work, living the dangerous lives, the need for us to wake up and stop these things from happening when they don’t have to almost literally jump off the pages. He got into this through writing up policy cases for Harvard’s public affairs school, and that talent is extraordinary. I won’t promise you that “you won’t be able to put it down” and all that hype. I actually was able to put it down. But I came back and you will, too. The subject is essential, existential even, and the drama of it rings throughout. I dare you not to be convinced by him.

    Kennedy hit some points that we hit on here. For one thing, his book echoes the guest series that Eduardo Barajas posted for us last week, which describes how it can work beyond violence and drugs. Kennedy’s points don’t intentionally reinforce a point we make here about much of the “crime decline” of the 1990s being the result of violent guys killing and maiming violent guys, but his stats and descriptions of who was offing whom do make that point. Ever see that modeled in the famous “prisons account for 25% of the crime drop” research? And it poses the question of the imprecise but very real impact of cultural flows rather than active government effort in influencing policy outcomes. The idea that crime itself could be a fire that flares and then consumes itself rarely gets consideration, much less counsel our reactions and perhaps inactions.

    A couple of other points. We argue that “stakeholders” with stakes in the process to hold onto should not be involved in setting policy goals but should be directly involved in explaining and constructing how those goals are achieved when/if they are involved. Kennedy’s program basically achieves the strengths in that. Ceasefire is brought in, the people on the ground and in the communities make it work even if they don’t make the decisions to bring it in. Another point—we have sometimes questioned the utility of the “drug court works” research here because we know from drug court case studies themselves that context and people are fundamental to drug court success, just as to Ceasefire success. Thus, it’s not important to hear that “drug court reduces recidivism such and such %” if that’s just an average that hides bad drug courts and underplays the really good ones. We don’t need an average stat. We need to know the above-average stats, who has them and what they do, and then work on the ground to fit every drug court that can do it into the general principles given their contexts.

    But enough. We’ve made the point that this is an important policy book, not just for Corrections Sentencing but for criminal justice overall and all policy areas, like small town school board policies. It’s thick with insights and guidance that can’t be covered in a book review. You really will just have to read it yourself to get everything it has to offer. The book’s lessons for Corrections Sentencing are not just that there are more effective ways to stop violent and/or drug crime than prisons. Kennedy makes clear that preventing events from getting to the point where prisons are an option is the goal. And that goal is dealt with directly and immediately, unlike so many policy recommendations that can take even generations to bear fruit. Kennedy’s book also drives home the importance of context and listening to the people who know, of putting away stereotypes on all sides and building the trust and legitimacy that are the only real long-term protections. Yes, there are prescriptions that have to be followed, but there’s a difference between the doctor who works with you and the doctor who tells you just to take the damn pills. Kennedy shows that in eloquent and passionate ways. It’s time we learn it.


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