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Monday, April 28, 2008

 
THE AMERICAN CIVIL LIBERTIES UNION IN SOUTH CAROLINA

The New York Times recently reported A.C.L.U. and State Branch Spar. Now the newspaper has reported A.C.L.U. Votes to Take Over State Branch.

We have long believed that the South Carolina Affiliate of the A.C.L.U. could do more to protect the rights of parents. Therefore, we cannot say that this development caught us completely by surprise. However it remains to be seen whether the takeover of the South Carolina Affiliate will be beneficial to South Carolinians or whether it will be detrimental. We think that in the short term, it will probably be beneficial because cases like the one discussed in this post are likely to be expedited. However, we think this development will hurt South Carolina in the long run because so many of our lawmakers seem intent on passing legislation that will further their own agendas without regard to either the constitutionality of the legislation or the costs of defending the legislation against valid legal challenges. In other words, our prediction is that more and more of our tax dollars will be going into the coffers of the national A.C.L.U.

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Sunday, April 27, 2008

 
CALLING NEW HIRE REPORTING FORM

According to Company's goose cooked after bird killing, "Staffing 2000 provides temporary workers to several businesses in the Lowcountry. The company averages about 300 employees at any time, many of them Hispanics. Hughes said all of his workers have proper work documents."

We wonder how many "many" means. And we wonder how Mr. Hughes determines whether his workers have proper work credentials and whether he has been filing the New Hire Reporting Form required by the State of South Carolina. Somehow we "rather doubt it." If he had been filing this form, it would not have taken nine years to find out that this company was not on the State-approved list.

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Thursday, April 24, 2008

 
ALTERNATIVE COURT, TRUTH-IN-SENTENCING BILL STALLS

COLUMBIA, S.C. (AP) -- Legislators walked out of a House committee, leaving only a slim chance to pass a bill creating an alternative court system for nonviolent offenders and requiring prisoners to serve most of their sentences.

Attorney General Henry McMaster is pushing the idea. He says a combination of counseling, treatment and education under the alternative court system is a better way to rehabilitate people and will save the state money.

His bill would also require prisoners to serve at least 85 percent of their sentences.

A meeting on the bill Wednesday was forced to abruptly end without a vote after several members left for another meeting and several more walked into the hallway to avoid a vote. Not enough members were left to continue.

Wednesday, April 23, 2008

 
INCARCERATION RATE IN U. S. HIGHER THAN IN OTHER DEVELOPED NATIONS

The New York Times has reported:

The United States has less than 5 percent of the world’s population. But it has almost a quarter of the world’s prisoners.

Indeed, the United States leads the world in producing prisoners, a reflection of a relatively recent and now entirely distinctive American approach to crime and punishment. Americans are locked up for crimes — from writing bad checks to using drugs — that would rarely produce prison sentences in other countries. And in particular they are kept incarcerated far longer than prisoners in other nations.

Criminologists and legal scholars in other industrialized nations say they are mystified and appalled by the number and length of American prison sentences. (Read the rest of the article by clicking here.)


 
THE "JAIL FUND" IN DORCHESTER COUNTY

A review of the following articles should bring everyone up to date:

  1. Solicitor dismisses charge against jail fee protester;
  2. Former jail captain indicted by state grand jury;
  3. Auditor’s office might get closer look;
  4. Senator arrested on DUI charge;
  5. Report details missing jail cash;
  6. Summary of the forensic audit;
  7. Sheriff: Scott was 'belligerent;' and,
  8. Ex-Dorchester jail chief appears in court.

Note that the Solicitor stated that he was dismissing the case against Mr. Limehouse because "Legally and ethically I cannot, and will not, go forward with a case in which I don't believe he [Limehouse] committed the crime."*

Note also that Senator Scott was the person who sought the South Carolina AG's opinion on the legality of the "Inmate Processing Fee." And, although all the facts regarding Mr. Scott's D. U. I. arrest have not yet been revealed, Mr. Scott's opponent--an attorney--stated--"It's sad he brought this on himself, his family and our citizens...My opponent's behavior will not distract me from my positive campaign, which is about what I do, not what my opponent does."

We cannot say for certain either whether there is any political motivation behind Senator Scott's arrest or whether the charges are appropriate. However, we do know:

  1. Sheriff Nash has taken no steps to either identify the arrestees who were unlawfully deprived of their money or ascertain the amounts taken;
  2. Sheriff Nash has not returned monies to all those who have requested their return;
  3. County Councilman Chris Murphy represented Mr. Limehouse in the criminal case and is a political ally of both Mr. Scott and a man who both opposed Sheriff Nash in the last election and is currently running for the office of Sheriff;
  4. Mr. Murphy is rumored to be drafting a Class Action Lawsuit against the Dorchester County Sheriff's Office to be filed after the next election; and,
  5. At least some people, would prefer just to have our money returned rather than become embroiled in a political battle that will ultimately cost the County $Millions in fees and damages.

One may wonder what this all has to do with parents' rights. So we remind everyone that we believe that limited public resources are better spent incarcerating only those parents that absolutely and unequivocally refuse to abide by their court-ordered obligations and that, where possible, fees received from inmates should be spent on rehabilitation and education rather than on items that would not withstand objective scrutiny by neutral or disinterested parties.


Thursday, April 17, 2008

 
NORTH CHARLESTON PRISON COULD BE CLOSED

The Associated Press has reported North Charleston prison could be closed.

Because we think this is a very important development we have pasted the entire story hereinbelow.

Staff and wire report
Wednesday, April 16, 2008

COLUMBIA — A minimum security prison in North Charleston would be closed and inmates moved under a budget proposal debated by the state Senate on Tuesday.

The Corrections Department already is running a deficit this year and is facing a $4 million cut in the fiscal year that begins July 1, Sen. Mike Fair said.

The current spending plan being debated by the Senate would affect 110 prison jobs and lead to the closing of the Coastal Pre-Release Center in North Charleston, the Palmer Pre-Release Center in Florence and the Lower Savannah Pre-Release Center in Aiken, the Greenville Republican said.

Coastal Pre-Release at 3765 Leeds Ave. houses non-violent inmates within three years of release, according to the Corrections Department's Web site.

Inmates there have access to adult education, vocational training and drug and alcohol counseling.

The facility provides labor crews to the Berkeley County Water and Sanitation Authority, Charleston County and the city of North Charleston.

A woman at the facility refused to comment Tuesday night.

Prison spokesman Josh Gelinas could not confirm if the agency would have to cut jobs. He said the department can avoid closing prisons if it is allowed to operate with a deficit next fiscal year. The Budget and Control Board would have to sign off for the agency to do that.

Although the Senate gave the spending bill second reading Tuesday, the debate likely will continue through today over challenged budget provisions.


Wednesday, April 16, 2008

 
DORCHESTER COUNTY AUDITOR'S OFFICE MIGHT GET CLOSER LOOK

The Summerville Journal Scene has reported Auditor’s office might get closer look.

We think this is a wise move. Questions remain about why neither the County Treasurer's Office nor the County Auditor's Office were able to discover that the Sheriff's Office was not accounting for the expenditures of its "Prisoner Processing Fee." More important, questions remain about why neither of these agencies realized that fees received from the Jail Telephone Toll Contract were not delivered to the County Treasurer on a monthly basis.

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Tuesday, April 15, 2008

 
WAITING FOR THE AUDIT TO COME

Rumor has it that the Final Audit of the Dorchester County Sheriff's Office will reveal that Three Hundred Eighty Thousand ($380,000) was embezzled.

Imagine if this money had been combined with the money that was either spent on items that were of no benefit to either the prisoners or the taxpayers or of questionable value and instead was used for education, counseling, and job training. Many of the inmates could have been reintegrated into society as productive members rather than as potential repeat offenders. As David Crary of The Associated Press writes "Divorce and out-of-wedlock childbearing cost U.S. taxpayers more than $112 billion a year, according to a study commissioned by four groups advocating more government action to bolster marriages."

Maybe it is time to take a new approach regarding determining what expenditures benefit the prisoners and society as well as who makes that determination. Certainly, "the old way" is not working in Dorchester County.

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Saturday, April 12, 2008

 
SEEKING REDEMPTION AFTER PRISON

The editorial Seeking Redemption After Prison in The New York Times heralds the passage of The Second Chance Act. This Federal Law will authorize various grants to government agencies and nonprofit groups to provide employment assistance, substance abuse treatment, housing, family programming, mentoring, victims support, and other services that can help reduce re-offending and violations of probation and parole.

Thursday, April 10, 2008

 
SC HOUSE PANEL OKS ALTERNATIVE COURT, ABOLISHING PAROLE

The Associated Press has reported SC House panel OKs creating alternative court, abolishing parole:

A bill that creates an alternative court system for nonviolent offenders and requires prisoners to serve most of their sentence has been approved by a House panel.

Attorney General Henry McMaster says a combination of counseling, treatment and education under the alternative court system is a better way to rehabilitate people and will save the state money.

The bill he pushed would also require prisoners to serve at least 85 percent of their sentences. Parole possibilities for violent crimes were already taken away with a 1995 law.

McMaster says truth-in-sentencing restores accountability in the judicial process.


Wednesday, April 09, 2008

 
U. S. SHIFTING PRISON FOCUS TO RE-ENTRY INTO SOCIETY

The New York Times reports U.S. Shifting Prison Focus to Re-entry Into Society. With the imminent passage of the "Second Chance Act," the federal government is retreating slightly from the “get tough” laws enacted in the 1970s and ’80s, which placed more emphasis on punishment than on rehabilitation and resulted in federal and state governments spending billions of dollars to build prisons. The article notes:
The new push to help prisoners reintegrate into society has been driven in part by financial concerns: states cannot afford to keep building more prisons. It also reflects concern for the victims of repeat offenders and for the wasted lives of the offenders themselves, who are disproportionately black and from neighborhoods of concentrated poverty.

Tuesday, April 08, 2008

 
SC AG PROPOSES ALTERNATIVE COURT FOR NONVIOLENT CRIMES

The AP has reported South Carolina Attorney general proposes alternative court for nonviolent crimes. Following is the text of the cited article:

Attorney general proposes alternative court for nonviolent crimes

By SEANNA ADCOX Associated Press Writer

COLUMBIA, S.C. (AP) -- Nonviolent offenders could avoid prison through an alternate court system being pushed by Attorney General Henry McMaster as both a better way to rehabilitate people and save the state money.

Too often, McMaster said, people put in prison for offenses ranging from gambling to drug possession are turned into hardened criminals by their time behind bars. But a combination of counseling, drug treatment, school, work and restitution - with requirements varying for each offender's problems - could change their lives, he said.

"Some people just need a second chance," the state's top prosecutor told a House panel last week. "It's very expensive to keep people in prison, and that money can be best spent on something else."

The panel postponed voting on the idea. More people are set to testify this week.

Under the proposal, prosecutors could recommend the so-called middle court for those sentenced on drug and other nonviolent crimes. McMaster, a Republican, said he thinks it will ensure prisons are filled with more violent offenders who need to be there.

The separate court system, involving volunteer judges, would replace the hodgepodge of drug courts around the state. All but two of the state's 16 judicial circuits already have drug courts, but each is different and some are only for juveniles, McMaster said.

It's unclear how many people would benefit from the alternative court, how much the new program would cost and how much it could save the state in the long run. Up to 50 people a year go through each of the state's drug courts. But the middle court would have at least one program in each circuit and expand who's eligible beyond drug crimes.

McMaster said the new system would cost several million dollars a year to administer, mostly for counselors. But, he said, that's "chicken feed" compared with the money saved in prison costs - at least $12,000 per person per year.

Last year, the state spent more than $14,000 per inmate, according to the Corrections Department.

Many state and national studies show that alternative courts reduce the chance that offenders will be charged again.

"Drug courts reduce recidivism, reduce drug use and save jurisdictions huge amounts of money," said Carson Fox, operations director for the National Association of Drug Court Professionals.

He said many of the programs across the nation cover crimes other than drugs. Research showing they work has increased their popularity. The first drug court started in Miami in 1989. Five years later, there were just 12. There are more than 2,000 now, with some in every state, Fox said.

Expanding the courts statewide would put South Carolina "on the leading edge," he said.

To be eligible under South Carolina's proposal, offenders can get into the program only after they have been convicted and sentenced and they can't have a violent record. The victim or law enforcement would have to agree as would the circuit judge handling the case.

McMaster thinks the threat of being dropped from the program and sent to serve their time would be a strong incentive for participants to do well in the 12- to 18-month program.

About 48 percent of South Carolina's nearly 24,000 inmates are in prison for nonviolent offenses and have no prior conviction for a violent crime, according to the state Corrections Department.

State prisons director Jon Ozmint applauds the alternative court idea as smart and long overdue. South Carolina's prison population is growing by 300 to 400 inmates a year, with prisons holding 1,603 inmates over capacity as of last month, according to the agency.

"The new alternative sentences might allow us to delay construction of new prisons or prevent a federal court from ordering mandatory releases when we become too overcrowded to operate safely," Ozmint said.

But Ozmint opposes another part of the bill McMaster's pushing - a no-parole proposal the attorney general has advocated for years that would require most inmates to serve at least 85 percent of their sentence.

In 1995, the Legislature took away parole possibilities for many violent crimes that carried maximum sentences of 20 years or more. McMaster wants to include most other crimes, including some misdemeanors, so that "sentences mean what they say."

"Even judges don't know what their sentence means," McMaster said. "It breeds disrespect and distrust."

Ozmint argues the truth-in-sentencing idea would further overcrowd prisons and cost taxpayers millions to build more, while also taking away an incentive for inmates to behave.

After the 1995 law that required offenders to serve 85 percent of their sentences, the penalties handed down by judges in nondrug cases decreased five to 54 months depending on the crime, according to the Corrections Department. But the actual time prisoners spent behind bars increased by three to 64 months.

Still, McMaster wants legislators to pass both proposals together this year. Ozmint said the alternative court should be approved first, then studied to determine its effect on prison overcrowding.

"We have no way of predicting how often prosecutors and judges will use the middle court option," Ozmint said.

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Sunday, April 06, 2008

 
CURRENT AND ARREARS COLLECTIONS DUE AND DISTRIBUTED, FY 2007

Click here to view the national figures for current and arrears collections due and distributed for Fiscal Year 2007. South Carolina's total arrearage is now $1,127,005,777, excluding support that is not collected through the Court system. Despite the fact that the Family Court is charging Five (5%) per cent of the amounts paid through the Court as an "adminstrative fee," the total arrearage is increasing at the rate of approximately Fifty Million and and 00/100 ($50,000,000) Dollars per year. It does not appear that the taxpayers are getting much of a bang for their buck.

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Friday, April 04, 2008

 
STATES MAY FREE INMATES TO SAVE MONEY

According to States May Free Inmates to Save Millions:

PROVIDENCE, R.I. (AP) -- Lawmakers from California to Kentucky are trying to save money with a drastic and potentially dangerous budget-cutting proposal: releasing tens of thousands of convicts from prison, including drug addicts, thieves and even violent criminals.

Officials acknowledge that the idea carries risks, but they say they have no choice because of huge budget gaps brought on by the slumping economy.

''If we don't find a way to better manage the population at the state prison, we will be forced to spend money to expand the state's prison system -- money we don't have,'' said Jeff Neal, a spokesman for Rhode Island Gov. Don Carcieri.

At least eight states are considering freeing inmates or sending some convicts to rehabilitation programs instead of prison, according to an Associated Press analysis of legislative proposals. If adopted, the early release programs could save an estimated $450 million in California and Kentucky alone.

A Rhode Island proposal would allow inmates to deduct up to 12 days from their sentence for every month they follow rules and work in prison. Even some violent offenders would be eligible but not those serving life sentences.

A plan in Mississippi would offer early parole for people convicted of selling marijuana or prescription drugs. New Jersey, South Carolina and Vermont are considering funneling drug-addicted offenders into treatment, which is cheaper than prison.

The prospect of financial savings offers little comfort to Tori-Lynn Heaton, a police officer in a suburb of Providence whose ex-husband went to prison for beating her. He has already finished his prison term, but would have been eligible for early release under the current proposal.

''You're talking about victim safety. You're talking about community member safety,'' she said. ''You can't balance the budget on the backs of victims of crimes.''

But prisons ''are one of the most expensive parts of the criminal-justice system,'' said Alison Lawrence, who studies corrections policy for the National Conference of State Legislatures. ''That's where they look to first to cut down some of those costs.''

Rhode Island Corrections Director A.T. Wall was not sure how many prisoners could be freed early. The payoff for doing so may be relatively small: less than $1 million for the first fiscal year, although that figure would increase over time.

In California, where lawmakers have taken steps to cut a $16 billion budget deficit in half by summer, Gov. Arnold Schwarzenegger proposed saving $400 million by releasing more than 22,000 inmates who had less than 20 months remaining on their sentences. Violent and sex offenders would not be eligible.

Laying off prison guards and making it more difficult to send parole violators back to state prison would account for part of the savings.

Law enforcement officials and Republican lawmakers immediately criticized Schwarzenegger's proposal, which would apply to car thieves, forgers, drunken drivers and some drug dealers. Some would never serve prison time because the standard sentence for those crimes is 20 months or less.

''To open the prison door and release prisoners back into communities is merely placing a state burden onto local governments and will ultimately jeopardize safety in communities,'' said Fresno Police Chief Jerry Dyer, who could see 1,800 inmates released in his area.

In Kentucky, which faces a $1.3 billion deficit, lawmakers approved legislation Wednesday to grant early release to some prisoners. Initial estimates were that the plan could affect as many as 2,000 inmates and save nearly $50 million.

If the governor signs the bill, the exact number of prisoners would be determined by prison officials. Violent convicts and sexual offenders would be exempt.

Gov. Steve Beshear has said Kentucky must review its policies after the state's inmate population jumped 12 percent last year -- the largest increase in the nation.

Kentucky spends more than $18,600 to house one inmate for a year, or roughly $51 a day. In California, each inmate costs an average of $46,104 to incarcerate.

The prison budget in Mississippi has nearly tripled since stricter sentencing laws took effect in 1994.

To curb spending, lawmakers have offered a bill to make about 7,000 drug offenders in prison eligible for parole. A second proposal would allow the parole board to release inmates convicted of selling marijuana and prescription drugs after serving just a quarter of their sentences. Currently, they must serve 85 percent of their terms before release.

Michigan is trying to speed up the parole process for about 3,500 inmates who were convicted of nonviolent, nonsexual offenses, or who are seriously ill.

Barbara Sampson, chairwoman of the Michigan Parole Board, said early release often makes sense, especially for low-risk offenders who get help rebuilding their lives.

''Getting that prisoner back to the community so that he can stay connected to his family, getting him back into the work force ... that's a positive thing,'' she said.

But not everyone is sold on the idea.

''Economics cannot be the engine that drives the train of public safety,'' said Terrence Jungel, executive director of the Michigan Sheriffs' Association. ''Government has no greater responsibility than the protection of its citizens.''

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