Bacon's Rebellion

Democracy Thrives in Sunlight

Virginia Corrections Could Use Some Correcting

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by

James A. Bacon
in

Virginia’s prison system is one of the biggest budget-busters in state government. Expenditures have doubled over the past eight years to about $1.25 billion. I’m all in favor of putting the crooks in jail — and keeping them there. But that doesn’t mean we can’t do a better job of running the system.

One very simple reform could save millions of dollars. As pointed out by Pat Nolan in the current edition of the Bacon’s Rebellion newsletter (published by the Thomas Jefferson Institute for Public Policy):

For instance, almost 10 percent of new admissions to Virginia’s prisons haven’t committed a new crime. They have merely broken the rules of their supervision. Many of these offenders are just knuckleheads who don’t follow the rules. They don’t turn in paperwork, or miss an appointment with their parole officer or test dirty for drugs. Of course we want them to follow the rules, but at $28,000 per prison bed per year, it is very costly – and counterproductive – to send these ‘technical violators’ back to prison.

It is far more effective, and costs much less, to administer quick, certain and short consequences for breaking the rules. In Hawaii, Project Hope enforces the rules of probation with immediate consequences. If offenders have a dirty urinalysis they are immediately jailed – but not for years, just 24 or 48 hours. The result: reduced ‘dirty’ drug tests by 91 percent and a drop in both revocations and new arrests by two-thirds. This program accomplishes what we want – teaching offenders to follow the rules and keeping addicts in drug treatment – without filling the prisons.

Nolan, who leads the prison reform arm of Prison Fellowship, describes the efforts of other states to bring their correctional budgets under control. As Gov.-elect Bob McDonnell looks for ways to close a $1 billion+ budget gap next year, the correctional system is a logical place to look for savings.

Speaking of Virginia prisons, Reason magazine had this to say about the ban on moking in state prisons. Without cigarettes, what will prisoners use as a means of exchange?

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17 responses to “Virginia Corrections Could Use Some Correcting”

  1. Larry G Avatar
    Larry G

    this is going to strain the standard "throw the miscreants in jail" philosophy of many conservatives though.

    Remember George Allen's prison "initiative"?

    from his website:

    " Criminal Justice Reform – Virginia’s criminal justice system was completely overhauled, including the abolition of parole, adoption of truth-in-sentencing, dramatic increases in prison time for violent and repeat criminals, and comprehensive juvenile justice system reform."

    so now.. we're calling for another Republican to "undo" what the first Republican did?

    Gee.. perhaps McDonnell can do something about the budget busting property tax "reform" that Gilmoron pushed through also while he's at it.

    The Department of Corrections is Virginia's largest employer supplanting VDOT…

    We're being hoisted on our own petard with respect to our philosophy that Prisons are for "rehabilitation" at the same time we harbor a "throw away the key" mentality for all offenders… no matter the crime.

    I've always felt that imprisoning non-violent criminals (yes they ARE criminals) in the same prisons with hard-core violent people was basically creating Colleges for Crime but then just uttering these thoughts makes me one of those "soft on crime" types that our friends on the right talk about as the cause for our societal unraveling.

    So my prediction here is that McDonnell is not going to touch this with a 10-foot pole for fear of ruffling the feathers of the hard-line law&order folks.

    But I could be wrong.

    I have a theory that sometimes the best, most successful reforms is undertaken by the party least likely considered to favor it.

    Of course that theory went out the window with health care so why think that Prison Reform would work with a Republican Gov either?

    I think I read somewhere that if you're on an interstate highway – that one out of 10 cars contains a felon…

    Wouldn't it be "cool" if we could have web pages for ALL felons and not just the sexy ones?

    Now hear me out on this.

    If you want a REAL stimulus – that would do it.

    I'd call it the paranoid factor.

    We could DOUBLE the sales of locks and other security accouterments requiring us to ramp up factory production and home security services.

    say.. I hope I'm not giving McDonnell any "jobs" ideas here…

  2. Larry G Avatar
    Larry G

    yeah.. I took a swipe at Gilmore but you know.. the man might have been a Conservative genius.

    or perhaps I'm giving him way too much credit.

    If his plan all along was to essentially take away the car tax from localities – a sort of claw-back of a Dillon grant of authority to localities…

    then a brilliant way to do it would have been to tell the localities that they no longer could tax cars but the state would "reimburse" them – knowing full well… that Sooner or Later.. the State would hit some lean budget years and be force to look for things to cut out of the budget ….

    and VOILA here we are with a huge deficit and looking around for what to cut.

    I predict that McDonnell will address this issue more likely in the budget context than he will Prison Reform.

    What say ya'll?

  3. Gooze Views Avatar
    Gooze Views

    Jim,
    You gotta love conservativers and, of course, I have very little regard for the Thomas Jefferson Institute of whatever.
    My point is that for years, every right wing politician in the state from George Allen on has pushed geting tough on crime, whether there is a crime wave or not. Ditto illegal immigrants. Plays well with the pickup and Confederate flag crowd and their suburban minions.
    Then the same conservatives come back and whine that keeping people in prisons is costing too much. Like DUH!

    Peter Galuszka

  4. James A. Bacon Avatar
    James A. Bacon

    Peter, You tickle me. You bash conservatives for putting criminals in jail. Then you bash them when they want to let technical offenders (not the real bad guys) out of jail. What are conservatives supposed to do — ignore the facts and never change their minds?

    Oh, I'm sorry, that's what liberals do.

  5. James A. Bacon Avatar
    James A. Bacon

    P.S. Who's been running the state correctional system for the past eight year? It hasn't been the conservatives. If Nolan's idea is such a "d'uh" observation, why didn't Warner or Kaine think of it?

  6. James A. Bacon Avatar
    James A. Bacon

    Larry, There aren't any Republicans calling to "undo what the first Republican did." Allen built more prisons because we didn't have enough space to hold the real bad guys. (Do you seriously want to let the bad guys out early?)

    Nolan is saying we shouldn't be putting technical offenders back in prison for a full year. A couple of days will do.

    Do you disagree with that? Or do you just like bashing Republicans for sport?

  7. Gooze Views Avatar
    Gooze Views

    Jim,
    Bashing for sport. It's fun.
    Peter Galuszka

  8. Larry G Avatar
    Larry G

    well.. would it be because Kaine would have had to get the Republican-controlled HD/GA to approve?

    Given their recent history with the 3202 debacle… you know the abuser fees and illegal regional taxes… would you try them to do correctional reform right?

    buy HEY – we NOW have a Republican Gov and a Republican HD…

    between the two of them – they could make the Dem-controlled Senate look like obstructionists – right?

    So.. let's see who moves prison reform forward and who opposes it.

    I predict it won't be the Dems that "obstruct"…

    I read the TJ piece … boy did he go into chapter and verse on the "why" … you could tell she knew he was swimming upstream…

    almost sounded like some weak-kneed liberal piece…

  9. Groveton Avatar
    Groveton

    Speaking of "knuckleheads"…

    Am I reading this right? A community in Henrico County won't let a 90 year old Congressional Medal of Honor winner build a flag pole and fly the American flag?

    http://www.wtvr.com/news/wtvr-veteran-flagpole,0,2550197.story

    Dear God Bacon – what are you people doing?

  10. Larry G Avatar
    Larry G

    every few months one of these incidents pops up – all over the country…

    some old coot forgets when he bought the house that the rules of the HOA restricts things like flag poles… etc…

    it's almost always some old guy.. for some reason… why is that?

  11. Groveton Avatar
    Groveton

    It seems that Gov. Kaine sees FlagPoleGate the same way I do.

    http://www2.timesdispatch.com/rtd/news/state_regional/state_regional_govtpolitics/article/kaine_backs_barfoot_in_flagpole_dispute/309537/

  12. Larry G Avatar
    Larry G

    " The neighborhood association says its covenant prohibits flags flying from freestanding poles. They can be flown from the side of the house."

    Well here's the question.

    Do you support (big) government rules on private HOAs that people willingly sign contractual agreements with when they buy?

    come on now Groveton – this is the perfect issue for you.

    or are you playing like Kaine – where what he says he personally believes is NOT something he'd proposed to the GA to make law.

    fess up Groveton – I bet when push comes to shove – you're going to be where I am on this – which is to not have the government telling the HOA how to do business.

    Heckfire – they ALLOW the flag to be flown in the first place.

  13. Anonymous Avatar
    Anonymous

    – you're going to be where I am on this – which is to not have the government telling the HOA how to do business.

    The HOA is basically a contract, and the government controls the laws of contract, which basically say that you can agree to do anything that isn't aganst the law, but be careful of what you ask for: you may get it.

    A contract is an exchange of promises between two or more parties to do, or refrain from doing, an act.

    Obviously the HOA has the right to enforce contracts that are willingly entered into. In this case it might be the better part of valor to find a way to look the other way. The guy is 90years old, give him permission, renewable annually, that expires in ten years.

    It is a different case, however if the gentleman boughthis propertyunder one set of agreements and a new agreement is unilaterally imposed, unless under the agreement that he signed he also gave them permission to impose more new rules.

    RH

  14. Larry G Avatar
    Larry G

    "….. and a new agreement is unilaterally imposed, "

    doesn't this depend on how the HOA can legally operate?

    If you sign a contract that says that the governing body of the HOA can make changes without a majority of the property owners concurring.. then what?

    I think this is a fascinating subject when combined with property rights – and governance.

    There are lots of communities being set up now days with HOA governance and in most cases – property rights essentially eviscerated and people …willingly agree – primarily as prophylactic "protection" against other property owners who would, without restrictions, engage in activities not agreed to.

    so you don't have these little spats about how many cars you can park in your driveway or whether you can have shed in your backyard or have an orangutan as a pet.

    Nope. Your "castle" is not your castle after all – and again – you know all of this (or should) BEFORE you essentially sign away those rights on the dotted line – and people do – willingly – all the time.

    I don't think turning 90 entitles one to "special" treatment though – ESPECIALLY in this case where he CAN FLY THE FLAG.

    I mean.. isn't this like telling the mortgage company that you really don't agree with what you agree to – 20 years ago or so?

    So.. the question I threw at Groveton – is what role would we have our government "government" exercise with regard to HOA "governance"?

    You know.. in a way.. this is sort of like having a central government that then delegates certain powers to the HOA – "home rule" or "dillon rule" style ( not sure which).

    Anyhow.. if you look at the proposed legislation in the GA over a number of years – you'll see all manner of legal attempts to further define what an HOA can do or not do.

  15. Anonymous Avatar
    Anonymous

    "If you sign a contract that says that the governing body of the HOA can make changes without a majority of the property owners concurring.. then what?"

    Then you are an idiot.

    Of course, it depends on the issue: If you live in a condo and the roof needs repair, the governing body may well have the authority to order repairs.

    ————————–

    But on other issues it may not even matter if a majority want the change: they still have no right to demand a change that affects your property adversely and benefits them.

    Suppose that, over time, your condo becomes populated with a group of people who believe in snake worship. Then they want to allow pet snakes in your building.

    If that is the case, then they should take some of their benefits and buy from you what it is that they want. And If there isn't any benefit to them, then why do it?

    Of course, you signed a contract that give away your rights indiscriminately, then you have a problem.

    RH

  16. Anonymous Avatar
    Anonymous

    I'm with you on this. HOA governance is contract law, and government enforces that law. Sign any dumb agreement you like.

    Why anyone would willingly buy into a place that eviscerates your rights is a mystery to me, but I understand there ae people who prefer commonality – people who are comforted by being surrounded by people just like themselves.

    I imagine it is hard to find a community full of MOH winners. If I was in the HOA I'd be wlling to cut the guy a break: it isn't all that much to ask.

    RH

  17. Anonymous Avatar
    Anonymous

    "Do you support (big) government rules on private HOAs that people willingly sign contractual agreements with when they buy?"

    Here is an interesting case;

    http://www.lakeholidaynews.com/?page_id=2

    Like most things related to HOA's and their "rules" you get two different stories depending on who you talk to. This is simply one side of the story.

    Basically, the place was developed back in the 70's but it never had the water/sewer capacity in place to support all of the lots that were planned.

    People could still buy a lot (what they call a Membership Lot) and get access to the lake and clubhouse. However, people that bought these lots still pay a water/sewer/electric fees with the assumption that someday they would have utilities available to them….Even though it was never in the original deed to the property that membership lot owners had to pay dues.

    FYI…

    http://www.hoanewsnetwork.com/media/news/lawsuit-on-lack-of-services-could-bankrupt-hoa.php

    (Read the entire article and all the comments for a complete understanding of the situation)

    Then a big developer comes along and buys up most of these membership lots. No big deal, right?

    Well, then there was an attempt to change the law WHILE THE CASE WAS IN COURT!;

    http://www.lakeholidaynews.com/

    The proposed legislation would have, "allowed the deed to an owner’s property to be changed in unforeseen and undesirable ways without that owner’s consent."

    http://valawyersweekly.com/blog/2008/06/30/property-owners’-group-law-at-issue-in-assembly-court/

    Anyway, be VERY careful of what you sign before entering an HOA. If you don't like what they do it can take years and hundreds of thousands of dollars to take them to court.

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