Archive for March 12, 2008
Probation reform considered
Mar 12th
One of the most interesting bills being debated today is H.B. 5877, which is a product of the Sentencing Task Force. The bill would change probation terms (which now max out at 5 years for all felonies) to 5 years for a B felony, 3 years for a C & D felony, 2 years for an A misdemeanor and 1 year for a B misdemeanor.
Further, under the new bill, the probation officer will submit a report to the Court at least 60 days prior to the expiration of the 2nd year of probation, chronicling whether the probationer has complied with the terms of probation, his progress on probation and whether to terminate the probation at the end of two years or continue it for the remainder of the term.
This is a result of nationwide studies that conclude that most recidivism occurs in the first 18 months of probation. So, in essence, if they’re going to violate, it’s most likely to happen in that period. After that, the rate of recidivism drastically drops off. To continue probation at that point eats up resources and sets up probationers to fail.
This is a very interesting idea that has the support of probation and the judiciary. It provides enough incentive to probationers to start working at going on the straight and narrow early on in their probationary period.
Woman stuck to boyfriend’s toilet
Mar 12th
Your eyes are not deceiving you.
Deputies said a woman in western Kansas sat on her boyfriend’s toilet for two years, and they’re investigating whether she was mistreated.
Ness County Sheriff Bryan Whipple said a man called his office last month to report that something was wrong with his girlfriend.
Whipple said it appeared the 35-year-old Ness City woman’s skin had grown around the seat. She initially refused emergency medical services but was finally convinced by responders and her boyfriend that she needed to be checked out at a hospital.
Two years. Sitting on a toilet.
“We pried the toilet seat off with a pry bar and the seat went with her to the hospital,” Whipple said. “The hospital removed it.”
Whipple said investigators planned to present their report Wednesday to the county attorney, who will determine whether any charges should be filed against the woman’s 36-year-old boyfriend.
“She was not glued. She was not tied. She was just physically stuck by her body,” Whipple said. “It is hard to imagine. … I still have a hard time imagining it myself.”
He told investigators he brought his girlfriend food and water, and asked her every day to come out of the bathroom.
“And her reply would be, ‘Maybe tomorrow,”’ Whipple said. “According to him, she did not want to leave the bathroom.”
Now I’ve seen everything. Thanks to The Saucy Vixen for bringing this to my attention.
Three-strikes, prison overcrowding back before Judiciary Committee
Mar 12th
Not satisfied with the harsh penalties enacted by the special session of the legislature in February, we once again embark on a discussion of “true” three-strikes laws. There are four separate proposals before the Judiciary Committee to create a three-strikes and you’re out law and there are several bills dealing with prison overcrowding, inmate services and re-entry programs.
Here is a list of all the bills being considered today and here is all the submitted testimony.
What intrigues me is that there seems to be a lot of talk about funding rehabilitation and programs for first time offenders and providing re-entry services.
Prison overcrowding was also a big issue, with Commissioner Lantz being questioned for several hours. What she was still unable to give, however, was a maximum number of inmates that the correctional facilities could hold. I don’t think that’s a difficult question. Several legislators were pressing her on that. It turns out that the maximum number of permanent beds that our system can hold is 20,095. This, as she explained, does not include adding more permanent beds and temporary beds. Why she could not estimate from there how much space is remaining and how many inmates can be fit into that remaining space is a mystery. Rather, I suspect that she did not want to. Which isn’t particularly helpful because overcrowding is a serious problem and we don’t have a max capacity number then how do we know when the facilities are overcrowded?
My views on this are well known, so I won’t repeat them.
Here is one report on today’s hearing, focusing on the Chief State’s Attorney’s opposition to the 3-strikes bill. More as it becomes available.
The hearing is actually still going on, so you can watch either on your TV (CT-N) or on the web.
The real cause of prison overcrowding: public defenders
Mar 12th
Well, they’re at it again. The law firm that can’t seem to sell itself without dumping on public defenders has another post up [Update: I just noticed that their post is actually dated April 10, 2008. Heh]. This post actually makes some valid points and seems more like a blog post than a marketing advert. At least until you get to the middle, that is:
A vast majority of the people that end up in prison are represented by the public defenders offices throughout the state. In many cases, to know fault of their own the public defender cannot provide the level of legal defense that should be received by anyone facing jail time. Thus the jails are full of poor people, mostly minority who could not find the funds to retain private counsel.
There are so many things wrong with that paragraph, least of all the spelling.
The implication here is that if you’re poor, you’ll go to jail. If you’re rich (or have money to hire this particular law firm), you won’t. Doesn’t matter whether the State has a strong case; wave some greenbacks in the prosecutor’s face and he’ll go straight to his knees.
This also seems like false advertising to me. They’re promising things they can’t deliver. Are they really saying that prison overcrowding would not be a problem if everyone was represented by private counsel (or perhaps just their firm)? They seem to be implying that every case is winnable, if you have the money to hire a lawyer.
Does anyone know how good this firm is? Anyone heard of them? Any readers from the West Coast? Why do they keep doing this? Did one of them get fired from the PDs office?
In a similar vein, see recent posts from Norm and Scott.
In other news, public defenders are also the cause of black holes, crop circles and Dick Cheney’s sneery disposition.
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