Monday, November 27, 2006

Four ways to lower our jail population by 97 inmates-- and save $3.5 million a year for county taxpayers...

[Note: Event being held today in response to misinformation being spread in our county on the issues below (with all due respect, the fact is that jail expansion is unnecessary-- this is proven below); much credit is due to County Legislator Fred Bunnell for his hard work and advocacy on ATI's #2, #3, and #4 below; note as well two more ATI's worthy of emulation here in Dutchess County-- Lancaster County's (PA) Job Court:http://www.npr.org/templates/story/story.php?storyId=6161848 , and Harlem'sCommunity Justice Center Parole Re-Entry Court:http://www.courtinnovation.org/demo_parole.html .]

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PRESS CONFERENCE TODAY 12:30 PM IN FRONT OF COUNTY JAIL--

[Info: 876-2488]

SAVE $3.5 MILLION A YEAR FOR COUNTY TAXPAYERS-- AND LOWER JAIL POPULATION BY 97 INMATES-- WITH FOUR COMMON-SENSE ALTERNATIVES TO INCARCERATION:

-- BAIL LOAN FUND TO SAVE A MILLION DOLLARS A YEAR AND LOWER JAIL POPULATION BY 30 (CHRISTENSEN NOV. 16TH: 30 IN JAIL WITH BAIL OF $1000 OR LESS)

-- SUPERVISED COMMUNITY RESIDENCE FOR WOMEN TO SAVE $1.5 MILLION A YEAR AND LOWER JAIL POPULATION BY 39 (ACCORDING TO CJC)

-- SUPERVISED COMMUNITY RESIDENCE FOR YOUTH TO SAVE HALF A MILLION DOLLARS A YEAR AND LOWER JAIL POPULATION BY 12 (ACCORDING TO CJC)

-- ELECTRONIC MONITORING/HOUSING TO SAVE HALF A MILLION DOLLARS A YEAR AND LOWER JAIL POPULATION BY 16 (ACCORDING TO CJC)

You're all invited to join us for a crucial press conference tomorrow, Tuesday November 28th at 12:30 pm in front of our County Jail at 150 North Hamilton Street in Poughkeepsie-- to call on our County Legislature to make reality four effective, cost-saving common-sense alternatives to incarceration for certain women, children, and those accused of nonviolent misdemeanors-- before any expansion of our county jail:

1. Bail loan fund-- saving a million dollars a year for county taxpayers;

2. Supervised community residence for women-- saving $1.5 million a year for countytaxpayers;

3. Supervised community residence for youth-- saving half a million dollars a yearfor county taxpayers;

4. Electronic monitoring/housing-- saving half a million dollars a year for countytaxpayers.

See information just below on the bail loan fund; also see below much more on the last three of these four from long-time Criminal Justice Councilmember Sam Busselle and our county's Criminal Justice Council (CJC) Executive Committee May 9th memo to County Legislature Chair Brad Kendall.

Also see http://www.PetitionOnline.com/ATIs -- and "Enlightened Criminal Justice Helps Ease Jail Overcrowding" [Poughkeepsie Journal 9/17/06] by SamBusselle here: http://www.poughkeepsiejournal.com/apps/pbcs.dll/article?AID=/20060917/OPINION/609170311/1004/OPINION .

Contact our County Legislature now at 486-2100, countylegislature@co.dutchess.ny.us and countylegislators@co.dutchess.ny.us on these-- and to come out to the annual hearing on the county budget this Thursday, November 30th at the Bardavon 1869 Opera House at 7 pm (on Market Street in downtown Poughkeepsie)!...

Recall as well how even Republican state legislators up in Tompkins County answered the request of county officials there like Legislature Chair Tim Joseph to effectively lobby the New York State Commission of Correction to oppose the NYSCOC's unreasonable demand for expansion of their county jail. The fact is that every single Republican state legislator representing Dutchess County has refused to lift a finger to do the same here when our County Legislature's Democratic Caucus asked for the same help here-- in the face of the NYSCOC trying to force an unneeded expansion of our county jail-- an unfunded mandate that would cost Dutchess County taxpayers tens of millions of dollars.

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1. BAIL LOAN FUND TO SAVE A MILLION DOLLARS A YEAR

Fact: According to Jail Administrator Gary Christensen as of November 16th there were over thirty inmates in our county jail with bail of $1000 or less (meaning local judges had made the decision that such individuals posed no threat to public safety if they could come up with their bail).

Fact: There's a United Way agency called Offender Aid and Restoration in Tompkins County (population 90,000) that now bails out 45 county residents accused of nonviolent misdemeanors a year with such loans, and saves $300,000 annually for taxpayers there-- we could save about a million dollars a year with our population of 280,000. [This can be verified with OAR at (607) 272-7885.]

Fact: The Daily Freeman strongly criticized the G.O.P. majority in our County Legislature last year for rejecting our proposal merely asking our county's Criminal Justice Council to evaluate the feasibility of a bail loan fund here for our county. According to the Daily Freeman, "rather than a knee-jerk reaction, Dutchess Republicans might better address the overcrowding situation at the jail by considering every reasonable alternative to freeing up limited space."

Note-- such a bail loan fund would only be for some of those accused of nonviolent misdemeanors like disorderly conduct, shoplifting, etc. Sadly, many have inaccurately branded a bail loan fund as "giving tax dollars for criminals."[ http://www.ithacanet.org/Orgs/OAR/oarfiles/geninfo.htm#bail ]

Fact: In Tompkins County, much like our county, 75% of inmates sitting in their jail are never convicted or sentenced. Inmates who qualify must have a co-signer on the bail loan (someone who has the assets to pay off the loan, usually a family member-- this is important because it means a commitment must be made by the inmate to their family as well as the county). The forfeiture rate is extremely low (only one or two a year-- better than with most bail bondscompanies).

From the website of Offender Aid and Restoration:[ http://www.ithacanet.org/Orgs/OAR/oarfiles/geninfo.htm ]

"While media representations suggest that all incarcerated persons have been convicted of a crime, those closer to the reality know that over 85% of the people who pass through the jail are pre-trial detainees. In keeping with our mission to ensure that all members of our community, regardless of economic status, race or gender, obtain equal justice before the law, we post bails of up to $1500 for people who are carefully screened and meet our criteria. Since those who have the financial means will post their own bails, our clients are typically the people without means who would otherwise remain incarcerated while awaiting trial. In addition to promoting justice, this program saves the county over $200,000 annually in potential incarceration costs. Each bailee-day saves county taxpayers at least $70."

New Jersey, Illinois, and Rhode Island have had bail funds as well:
http://www.ilga.gov/commission/jcar/admincode/089/089003620000070R.htmlhttp://www.njleg.state.nj.us/legislativepub/Auditor/98041a.pdf+bail+fund&hl=en&ie=UTF-8http://www.state.il.us/dcfs/docs/362.pdf+bail+fund&hl=en&ie=UTF-8http://www.oag.state.ri.us/reports/bailfund1203.pdf+bail+fund&hl=en&ie=UTF-8 .

The Victim Offender Reconciliation Program of New York has pointed out how badly bail funds are needed here in our state ( http://www.bail4u.com/page3.html ).

Read the quote below from Ed Martone, director of Public Education and Policy for the Pennsylvania Association on Corrections-- he endorsed the need for a bail fund there.

"Bail May Answer Overcrowding Problem" by Bernie Mixon[Camden Courier-Post 3/10/04-- excerpt]http://www.courierpostonline.com/specialreports/crisisinjail/m031004x.htm

Seven months before the first inmates would step through the door of the newly builtCamden County Prison, a federal judge came up with a creative solution to five yearsof fluctuating overcrowding.

An order was signed in 1987 that forced county freeholders to set aside $250,000to help bail out the jail's most indigent inmates.

With overcrowding still a problem 17 years later, could such a program be institutedagain that would release inmates charged on minor offenses?

Would it have made a difference for Joel Seidel?

Seidel, 65, was murdered in January in the jail's psychiatric unit by cellmateMarvin Lister, 35, authorities say...

There's no way to know, but Ed Martone, director of Public Education and Policyfor the Pennsylvania Association on Corrections, sees it as a possible option for prisoners not considered a threat.

"One is to have this kind of fund for people who don't pose that kind ofthreat," Martone said. "Another solution is to increase the public defenderbudget so there are enough public defenders to meet with clients on a timely basisand go to bail reduction hearings."

The judge's order was the end result of a 1982 class-action lawsuit filed bythe State Public Advocate's Office on behalf of inmates.

The inmates were protesting overcrowding conditions at the former jail on the sixthfloor of the combination city hall and county courthouse building in Camden.

The bail fund was to be used for indigent defendants accused of nonviolent and non-drug-relatedcrimes...

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2. SUPERVISED COMMUNITY RESIDENCE FOR WOMEN TO SAVE $1.5 MILLION A YEAR

Sam Busselle-- Re: Women's Issues (p. 10)-- "The two day workshop on genderspecific issues resulted in some specific treatment programs for the female populationincluding a residence. Since 1999 the CJC has been recommending a residence forwomen. Such a residence would reduce the number of women in jail, increase the likelihood of a comprehensive habilitation plan, and be likely to return individuals to theworkforce. Funding is now available for a few women and their children. Gaining site acceptance has been difficult. (Assuming a $40/day cost of a supervised residence and a $150/day cost in jail, the taxpayer realizes a $40,000 annual savings per person and a more promising treatment plan.)

We must redouble our efforts to promote this humane and effective alternative. It would be beneficial to publicize the innovative work that the county and non-profitagencies are doing and disclosing the cost of doing nothing. This has served thepublic well when the comprehensive approach to issues of domestic violence was featured with a community workshop and news articles."

CJC Exec Committee May 9th Memo: "Research indicates that women respond totreatment and other programs differently than men. It is important to understandthe key components that women need for success in treatment when developing services for women. In 2005, a Women's Task Force of the Criminal Justice Council was formed to address gender-specific issues. The Task Force sponsored a two-day workshop with technical assistance from the National Institute of Corrections. The Task Force serves as the Steering Committee to implement the action plan agreed upon at the workshop. Gap analysis is being conducted and a plan will be formulated.

Cost: NIC-funded technical assistance. Planning process underway, cost to be determined for program development.

Women's Residential Treatment Program: In 1999, the CJC identified a need for,and designed a program using a gender-specific approach, a residential treatmentprogram for women, women with children, and pregnant women. Mid-Hudson Addictions Recovery Centers, Inc. as the lead agency for this program has searched for a site to develop this residential service. Locations identified in 2005-2005 have notgained approval from local government zoning and planning entities.

Need statement: In 2005, approximately 39 women were identified in the DutchessCounty Jail as pregnant or women with children who could have been referred to thisprogram. In addition, the Family Treatment Court identified approximately 15 pregnantwomen or women with children who could have utilized this facility and 45 womenwith children and 12 pregnant women receiving outpatient treatment services couldhave been referred. These women were at risk of incarceration if they did not followtreatment recommendations.

Cost: New York State Office of Alcohol and Substance Abuse Services will fund capital and operating costs.

Given past difficulties in gaining site acceptance, strong support by communityleaders, local and county government leaders who support effective ATI programsas an effective option for women with alcohol, tobacco, and other drug issues involvedin the criminal justice system is necessary to implement this program."

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3. SUPERVISED COMMUNITY RESIDENCE FOR YOUTH TO SAVE HALF A MILLION DOLLARS A YEAR

Sam Busselle Re: Supervised Community Residence for Youth (p. 6)-- "This recommendation has been made to the CJC and by the CJC to the legislature since the 1999 report. At that time it was stated that 12-15 jail beds would be saved. There has been nothing since then that has suggested that this residence would be anything but beneficial. It is substantiated in this report based on the number of youth in the Community Transitions day reporting Center who do not have adequate housing. Six years later we are still studying the feasibility of such a residence! Using the estimate of $40 per day for a supervised residence, this would save the county around $500,000per year and as stated in the report: 'not only have an impact on the jail, but also on the rest of the criminal justice system.'"

CJC Exec Committee May 9th Memo: "The Executive Committee continues to recommenda supervised community residence in conjunction with intensive interventions asan alternative to incarceration for youth. As the 1999 and 2005 recommendationsnote, "poor educational experiences, possessing low academic and educationalskills and lack of stable housing" are significant risk factors. Many of theseyouth are referred to the Community Transitions Center (CTC), and it is believedthat housing would enable the participants in the program to be engaged more effectively.Lack of suitable and stable housing has been identified as a major impediment tosuccessful outcomes. Potential participants will be identified at both the pretrialand sentencing criminatl justice stages with an actuarial assessment used at thelatter stage to identify both risk level and needs appropriate to the program.All participants will be court-ordered.

A Request for Proposal (RFP) entitled "Exploration of Need and Justificationfor a Residential Component to the Dutchess County Office of Probation and CommunityCorrections Community Transitions Center" was issued. The contract for programand cost analysis services is currently being developed by the county Probationdepartment. The RFP allocated $30,000 to study the issue of a residential componentfor the Community Transitions Center (CTC). CTC, a day reporting program, providesa wide range of services to a population of primarily young adults. The clienteleconsists of individuals who lack any positive support system at home or in the communitywhile they are participants in CTC and after they leave the program.
It has been proposed that adding a residential component to this program will significantlyincrease the chances of the probationers' success. The County is seeking ananalysis of the past and current populations of those attending our Day Reportingprogram and related jail populations to determine if there is in fact a need fora residential component to the Day Reporting Program. If in fact a population doesexist, what size facility would be necessary and what degree of security, if any,would be needed to successfully administer such a program?

Managing or maintaining the jail population requires both controlling the numberof admissions and readmissions. By targeting the youthful population who representthe chronic offenders and providing them with housing so that they can engage inprogramming designed to lower recidivism, we will not only have an impact on thejail, but also on the rest of the criminal justice system."

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4. ELECTRONIC MONITORING/HOUSING TO SAVE HALF A MILLION DOLLARS A YEAR

Sam Busselle Re: Electronic Monitoring/Housing-- "At least one of the recommendations (#2 to contract with an agency to provide 16 beds in a supervised existing rooming house) was described as "time sensitive." This program would save the County taxpayers as much as $110/day for each of 16 individuals or $52,800 per month according to the report. (Assuming the "operational" cost per day in jail is $150 cited on page 16) It would also reduce the number and cost of 'housed out' individuals by 25-40%."

CJC Exec Committee May 9th Memo: "The 2005 report notes that the Office of Probation and Community Corrections has had difficulty placing otherwise eligible inmates on electronic monitoring due to the inmate's lack of housing. These inmates are often young, women, and individuals with mental health issues.
In order to meet this need the [Criminal Justice] Council recommends that DutchessCounty fund 16 beds in an existing rooming-house type structure within the County.We propose contracting with a not-for-profit agency to run and operate such a facility.The Dutchess County Office of Probation would oversee this new Alternative to Incarceration program.

This facility would have a staff member on site 12 hours per day, 7 days a week.In addition, the probation department would be available as needed to respond, 24hours per day, 7 days a week through the existing electronic monitoring program.

It is expected that the residents of this facility would attend either existingday treatment programs or be employed. Current staff in the Public Defender adnMental Hygiene departments would provide social work and case management type services to the residents. Length of stay is projected to be similar to the existing electronic monitoring program, ranging from 1 to 6 months. This type of housing arrangement is flexible enough to accomodate diverse populations so that the project could be tailored to any changes in the jail population.

Cost: The cost of running such a facility would include start-up costs of $54,789 for minor renovations and furnishing of the house. In addition we propose enteringinto a two-year contract with a not-for-profit agency for approximately $230.00per annum. This is a cost of around $40.00 per bed per day. Some of the per daycost would be offset through funding from the Social Security Administration andrent charged to residents who are employed.

Funding of this proposal is a priority as cost and feasibility are time-sensitive."

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More from Sam Busselle (CJC Citizen Appointment) on CJC Executive Committeememo to County Legislature Chair Brad Kendall - May 9th "ATI Cost Analysis":

"Given the importance of the issues discussed in this memo, the urgency of dealingwith the costs associated with 'housing-out' for the jail and the need toinformthe public; it is disappointing that it took three months just to get this documentcirculated to members of the Legislature and the Criminal Justice Council...

It is useful to revisit the 1999 CJC Report to the Legislature whichrefers to the National Institute of Corrections findings that don't seem to havechanged:

-- The jail's population, which has averaged around 350 this year, (1998) includes220 awaiting trial. Roughly 50% of these are charged with misdemeanor (petty) crimesof a non-violent nature and could be housed and held, at little public risk, inless or non-secured settings-- perhaps eliminating or reducing the need for additionalcells. Operating savings would be a bonus.

-- The rate of recidivism of sentenced inmates in the jail is 62% but is running30-40% in community alternatives to incarceration programs. The rate has reachedas low as 17% this past year when community-based ATI were preceded by innovativein-jail transitional programming?"

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The Pretrial Services Resource Center reports there are more than 300 pretrial services programs in place now across the country and points to "A Second Look at Allevating Jail Overcrowding: A System Perspective."
[ www.ncjrs.org/pdffiles1/bja/182507.pdf ;http://www.pretrial.org/surveyresults.html ]

Also see Dana Kaplan's fact sheet on Cost Effective Solutions to Jail Overcrowding: http://www.realcostofprisons.org/pdfs/jail_reform_natl.pdf .

"The National Association of Pretrial Services Agencies (NAPSA) has developeda set of standards for pretrial diversion programs that provide an excellent startingpoint for jurisdictions looking into developing them."
[ http://www.napsa.org ; http://www.pretrial.org/faq.html ]

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