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PTBrennan
Jun 1, 2005

by Y Kant Ozma Post

quote:

The worst part about this is the fact that each month he owes more than he can pay off by working.

i mean, really, they charge him money for his prison sentence, but don't let him earn enough money to cover the debt. Even if he gets paroled, when he comes out he'll owe too much money through no fault of his own, because even though he would be able to pay off his debt, he's not getting paid enough... By the people he owes money to.

i mean, basically, it's like your Landlord preventing you from leaving the block before paying the monthly rent and allowing you to work for him, but only paying you 20% of the monthly rent per month. How can that fly? How can no one get angry about the underlying situation?

He hasn't even been parolled yet. That won't occur until 2028, and that's if they even grant him parole. So what's the point? Why all of a sudden did they decide to sue instead of waiting until he was closer to parole, i.e. more money owed.

There are only two possible answers in my opinon.

1. He was trying to transfer the money to his daughter when Prison Officials saw the amount and decided to sue so they wouldn't loose out; or

2. He just reached the 10k mark and are suing since they legally can so he doesn't spend the money and they get it.

Either way it's inhuman. That man spent 60 years working for that money getting paid ~$75 a month, it's his.

The 60 years of his life spent in prison up to this point is his payment to society for his crime.

Edit: Read the article wrong, he's 60 years old and spent ~28 years behind bars.

PTBrennan fucked around with this message at 14:26 on Mar 16, 2011

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BigHead
Jul 25, 2003
Huh?


Nap Ghost

21stCentury posted:

The worst part about this is the fact that each month he owes more than he can pay off by working.

i mean, really, they charge him money for his prison sentence, but don't let him earn enough money to cover the debt. Even if he gets paroled, when he comes out he'll owe too much money through no fault of his own, because even though he would be able to pay off his debt, he's not getting paid enough... By the people he owes money to.

i mean, basically, it's like your Landlord preventing you from leaving the block before paying the monthly rent and allowing you to work for him, but only paying you 20% of the monthly rent per month. How can that fly? How can no one get angry about the underlying situation?

Don't forget the people he owes money to have already greatly profited by selling his hand-made furniture at gigantic markups! Giant markups and they can make up their own rate at which to charge him debt! Pure genius capitalism if you ask me.

He's not getting paid enough by the people he owes the debt to to cover his debt while the people he owes the debt to profit hand over foot from his work for which they are not paying him and continually add to his debt.

BigHead fucked around with this message at 18:12 on Mar 15, 2011

baquerd
Jul 2, 2007

by FactsAreUseless

BigHead posted:

Don't forget the people he owes money to have already greatly profited by selling his hand-made furniture at gigantic markups! Giant markups and they can make up their own rate at which to charge him debt! Pure genius capitalism if you ask me.

He's not getting paid enough by the people he owes the debt to to cover his debt while the people he owes the debt to profit hand over foot from his work for which they are not paying him and continually add to his debt.

Well, yeah it was unfortunate but that was a fairly typical slave arrangement, where no matter what you did you couldn't really ever afford to buy your freedom.

Rutibex
Sep 9, 2001

by Fluffdaddy

21stCentury posted:

i mean, basically, it's like your Landlord preventing you from leaving the block before paying the monthly rent and allowing you to work for him, but only paying you 20% of the monthly rent per month. How can that fly? How can no one get angry about the underlying situation?

The man was a slave for 60 years; if no one gets angry about that I don't see why throwing some indentured servitude on top would really change the situation.

PTBrennan
Jun 1, 2005

by Y Kant Ozma Post

quote:

The man was a slave for 60 years; if no one gets angry about that I don't see why throwing some indentured servitude on top would really change the situation.

Yeah but the problem is this isn't a man, it's a convicted convict, a.k.a. Criminal. We don't treat them like humans.

The more I read about humanity and the way we treat one another the more depressed I get.

Tempora Mutantur
Feb 22, 2005

PTBrennan posted:

The more I read about humanity and the way we treat one another the more depressed I get.

Cheer up! One day, we'll all be dead!

:downs:

Orange Devil
Oct 1, 2010

Wullie's reign cannae smother the flames o' equality!
This on the level of having to pay your own train ticket.

The Dregs
Dec 29, 2005

MY TREEEEEEEE!
He's 60 years old, he has been in prison for 23 years for murder. Either way, it's pretty doubtful he'll live to see parole.

Edit: Well, he's been in prison for 28 years, this lawsuit started back in '05.

The Dregs fucked around with this message at 05:24 on Mar 16, 2011

Pope Guilty
Nov 6, 2006

The human animal is a beautiful and terrible creature, capable of limitless compassion and unfathomable cruelty.

Orange Devil posted:

This on the level of having to pay your own train ticket.

What?

Gadaffi Duck
Jan 1, 2011

by Ozmaugh

Pope Guilty posted:

What?

Auschwitz reference.

Auschwitz I and Birkenau were death camps; Auschwitz III was a work camp. So not entirely inappropriate :eng101:
VVVV

Gadaffi Duck fucked around with this message at 15:41 on Mar 16, 2011

Orange Devil
Oct 1, 2010

Wullie's reign cannae smother the flames o' equality!

Madman Theory posted:

Auschwitz reference.

Well, maybe not an extermination camp, but a work camp has a ridiculous amount of parallels.

Rutibex
Sep 9, 2001

by Fluffdaddy

Orange Devil posted:

Well, maybe not an extermination camp, but a work camp has a ridiculous amount of parallels.

The nazis didn't get hard core into the murder until they started running into budgetary problems from fighting a two front war....

DeKalb
May 30, 2007

Hecho en West Germany
Love, GP
I have 2 questions:
1. How do they decide which prison to send someone to? I used to think it had to do with where someone got arrested but then figured out there is no connection. I don't mean how do people get classified by security level, but more how is it decided where one should go when there are very similar options all around.

2. Are there gang problems in women's prisons? Everything I've heard from there tends to focus on how they form more romantic-type relationships than gang-type ones, but that might be the only side presented to the public.

HidingFromGoro
Jun 5, 2006

DeKalb posted:

I have 2 questions:
1. How do they decide which prison to send someone to? I used to think it had to do with where someone got arrested but then figured out there is no connection. I don't mean how do people get classified by security level, but more how is it decided where one should go when there are very similar options all around.

It depends on the case. It's usually up to the DOC in that state; so custody score, offense type, length of sentence, where any witnesses or informants are, whatever deal was worked out (I'll plead to this if I can go here), gang intelligence, bed availability, treatment options, etc, will come into play. This is actually a good thing when it's implemented properly as sometimes you just can't go to this facility or this yard or whatever, for your own good or everyone else's. It's abused to be sure, but DOC deciding housing is a good thing if there's sufficient oversight.

DeKalb posted:

2. Are there gang problems in women's prisons? Everything I've heard from there tends to focus on how they form more romantic-type relationships than gang-type ones, but that might be the only side presented to the public.

It's not as prevalent but it does happen. Gangs happen, in the World or in prison, that's just real. They're not going to show it on TV, but it does happen in women's prison.

Go ask Griselda Blanco if you don't think there are female shot-callers.

KingEup
Nov 18, 2004
I am a REAL ADDICT
(to threadshitting)


Please ask me for my google inspired wisdom on shit I know nothing about. Actually, you don't even have to ask.

Rutibex posted:

The nazis didn't get hard core into the murder until they started running into budgetary problems from fighting a two front war....

How many wars are American fighting now?

Does American have any budgetary problems?

Pope Guilty
Nov 6, 2006

The human animal is a beautiful and terrible creature, capable of limitless compassion and unfathomable cruelty.

HidingFromGoro posted:

Go ask Griselda Blanco if you don't think there are female shot-callers.

The film "Cocaine Cowboys" goes into some detail on this point.

Cluricaun
Jul 31, 2009

Bang.

Pope Guilty posted:

The film "Cocaine Cowboys" goes into some detail on this point.

And Cocaine Cowboys II goes even further, both of which are available on Netflix streaming.

Brain Curry
Feb 15, 2007

People think that I'm lazy
People think that I'm this fool because
I give a fuck about the government
I didn't graduate from high school



On Wednesday, Gov. Rick Scott (R-FL), along with his cabinet, reinstated a rule with major civil rights implications requiring felons to wait at least five years beyond the end of their sentence before applying to regain the right to vote...

(The policy) prevents felons who have paid their debt to society from voting until a Clemency Board — composed of the governor and three cabinet members — grants restoration of civil rights. This rule still has major racial implications. As in most states, Florida's prison population is disproportionately black, and as of 2006, over 13 percent of Florida's non-incarcerated voting-age black population had lost the right to vote.


I'm crossposting this from another thread. Here's the article referenced in the above link.

VoidAltoid
Sep 27, 2005
"Good job, son, you've paid your debt to society as determined by our legal system... now pay some more."

duck monster
Dec 15, 2004

Is that constitutional?

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

duck monster posted:

Is that constitutional?

Yes.

Richardson v. Ramirez, 418 U.S. 24 (1974)

Short version:
The Supreme Court interpreted Section 2 of the 14th Amendment as permitting the States to disenfranchise people on the basis of "participation in rebellion or other crime."

HELLO THERE
Mar 22, 2010

21stCentury posted:

The worst part about this is the fact that each month he owes more than he can pay off by working.

i mean, really, they charge him money for his prison sentence, but don't let him earn enough money to cover the debt. Even if he gets paroled, when he comes out he'll owe too much money through no fault of his own, because even though he would be able to pay off his debt, he's not getting paid enough... By the people he owes money to.

i mean, basically, it's like your Landlord preventing you from leaving the block before paying the monthly rent and allowing you to work for him, but only paying you 20% of the monthly rent per month. How can that fly? How can no one get angry about the underlying situation?
We are angry -- this is enslavement. Society has collapsed to a point where slavery is again open and legal, and we're furious.

PyRosflam
Aug 11, 2007
The good, The bad, Im the one with the gun.
Drug Court...

This story was on NPR today, It should be on the site soon but here is the tidbit...

This week: A drug court program that we believe is run differently from every other drug court in the country, doing some things that are contrary to the very philosophy of drug court. The result? People with offenses that would get minimal or no sentences elsewhere sometimes end up in the system five to ten years.

Ira reports from Glynn County Georgia on Superior Court Judge Amanda Williams and how she runs the drug courts in Glynn, Camden and Wayne counties. We hear the story of Lindsey Dills, who forges two checks on her parents' checking account when she's 17, one for $40 and one for $60, and ends up in drug court for five and a half years, including 14 months behind bars, and then she serves another five years after that—six months of it in Arrendale State Prison, the other four and a half on probation. The average drug court program in the U.S. lasts 15 months. But one main way that Judge Williams' drug court is different from most is how punitive it is. Such long jail sentences are contrary to the philosophy of drug court, as well as the guidelines of the National Association of Drug Court Professionals. For violating drug court rules, Lindsey not only does jail terms of 51 days, 90 days and 104 days, Judge Williams sends her on what she calls an "indefinite sentence," where she did not specify when Lindsey would get out. (30 minutes)

---

In short, a 16-18 year old girl gets hooked on drugs, writes some checks on her dads account, and gets 10 years of jail/ probation. The crime she commuted only commanded 6 months probation from both defense and prosecution. In some ways she made the choice to do the program, but the programs punishment for relapse has effectively made her a life long criminal since its near imposable to keep on the good side of the program.

Since she signed up for drug court, she has signed away many of her rights, when not behind bars she gets random, almost daily drug tests, as well a curfew (electronically monitored) and is more or less unemployable.

Treatment like this should be called in for cruel and unusual since it goes 800% out of the norm and has no effective end date for the punishment. This is compounded by the fact that the program is meant to get kids off drugs, clean their records and help them, not make them life long criminals.

Orange Devil
Oct 1, 2010

Wullie's reign cannae smother the flames o' equality!
How is an indefinite sentence even possible to be a thing and not blatantly cruel and unusual punishment?

KingEup
Nov 18, 2004
I am a REAL ADDICT
(to threadshitting)


Please ask me for my google inspired wisdom on shit I know nothing about. Actually, you don't even have to ask.
New report on drug courts: http://www.drugpolicy.org/library/drugcourts.cfm

duck monster
Dec 15, 2004

joat mon posted:

Yes.

Richardson v. Ramirez, 418 U.S. 24 (1974)

Short version:
The Supreme Court interpreted Section 2 of the 14th Amendment as permitting the States to disenfranchise people on the basis of "participation in rebellion or other crime."

Ah drat. Yeah that seems pretty clear that the authorization is there.

Can't see the conservatives voting to fix that one up anytime soon :(

hypocrite lecteur
Aug 21, 2008

by Y Kant Ozma Post

PyRosflam posted:

Drug Court...



Are these judges actual judges with legal experience and a law school education? Or are they justices of the peace, or laypeople with legal training, or something? That kind of sentencing sounds a lot like other quasi-judicial entities I've seen, or diversion measures, where the measures that can be imposed vary widely and hilariously and can be way more stiff than what someone would get if they plead out or took it to trial.

As an advocate it's an interesting and double-edged process, because when you're dealing with people who have relatively little legal experience they tend to be a lot less tethered to precedent and you can get a lot if you just ask for it, but the downside is they have a tendency to just come up with whatever the gently caress they feel is appropriate (like an "indefinite sentence" whatever the gently caress that is)

edit: hurr durr guess who read "Superior Court Judge" just now. ya'll have some flakey loving jurists down there

hypocrite lecteur fucked around with this message at 03:38 on Mar 28, 2011

duck monster
Dec 15, 2004

KingEup posted:

New report on drug courts: http://www.drugpolicy.org/library/drugcourts.cfm

The "Drug court" thing must be done a little different in the US than it is here. The way it works in WA (or worked, it might have been discontinued after the conservatives freaked out it was "going soft on crime" was that people arrested for burglaries and hold ups and poo poo, if they could show it was caused by addiction (like needing money for hammer or whatever), could be diverted to the drug court. From there the judge would basically say "Well, we can send you to rehab and get you help or you can go back and face trial for the burglary". They'd then be booked in for rehab and if they completed it and got clean, the original charges would be dropped (I think the original condition was it couldn't be used for sex or violent crimes).

It actually worked really well, but was grossly underfunded.

One of the street kids the anarchist housing collective I worked with was dealing with got caught trying to hold up a petrol station and was looking at about a years jail time , so we got our lawyer in and convinced the police to redirect him through drug court (he was pretty messed up on heroin.). The cops agreed, and this kid was just so excited because his attempts at getting clean on his own kept failing and failing, but he could never get into a rehab program (he was also illiterate which made it *very* hard to understand the paperwork to navigate the bureacracy). But he was so drat excited.

But its here where it went wrong. The drug court judge and psychiatrist found the guy was not antisocial but just hopelessly messed up on heroin and the judge ordered that he be put through rehab , and if successful the charges dropped. He couldn't be happier.

But heres where it got loving messed up. The police said that they had no spots for him for 3 months, but they'd start doing the compliance drug tests immediately. Meaning he had to get clean *before* going to rehab with no medical assistance and stay clean for 3 months and THEN do rehab. Needless to say he made it 3 days before freaking out and running off (from my back shed, where on his wishes we padlocked him in, gave him a gently caress-tonne of valium and weed to smooth out "the horrors" and he shat and vomited everywhere for 3 days until finally he lost it and managed to (somehow, withdrawals make you incredibly weak and sick) break out and run off and get his fix. He was so sad, and apologizing profusely but nobody could blame him. Heroin withdrawal really needs to be done in a medical setting with good structured pain relief and psychological help to get over the trauma.

1 week later he was back in the lockup, and ended up doing 1 1/2 years prison.

Poor bastard. Was such a well meaning guy too. Totally took to the idea of anarchist mutual aid and helping the community and really loving loved the community gardens and helping out with the hip-hop studio we set up for the homeless guys.

I honestly think the drug court system (as practiced here) CAN work, its extremely rare that junkies wanted to be a junkie and all of them had huge amounts of regret for not listening to the warnings when they started. But it has to be funded right, and with treatment starting the second the monitoring starts. No dumping people back into the community and saying "get clean or we gently caress you up", it HAS to be "We can take you to hospital, and you'll be taking a couple of months out of your life ,but if you stick with it, you'll be a free man in more than one way".

Heroins not THAT hard to kick with medical supervision. The Naltrexone implant (not pills, it has to be the implant method. the two have remarkably different outcomes. The pills are useless, because people can just stop taking them. The implants last 3-4 months and heroin just dont work during that time) has a remarkable rate of success, but it needs to be in a long term supervised setting with a structured treatment plan that includes heavy psychological work.

Likewise with amphetamines (speeds not really that brutal to come off physically, though there absoultely are physical withdrawals, but it does need a lot of psychiatric intervention due to speeds knack at crazy-making).

However I cant see punitive approaches to drug use itself as every being more successful than it currently is (which is "not at all").

Offering rehab as an alternative for prison for RELATED crime (theft, prostitution, etc) *IS* a smart option however, it just has to be fully funded or it wont work. I've seen it work well, I've also seen it fail, and when its failed, its not the users fault, its the half-assed aproach to the intervention.

anonumos
Jul 14, 2005

Fuck it.
There's a new report from NPR about empty prisons. I heard some of the audio on my way to work today.

NPR posted:

http://www.npr.org/2011/03/28/134855801/private-prison-promises-leave-texas-towns-in-trouble

The country with the highest incarceration rate in the world — the United States — is supporting a $3 billion private prison industry. In Texas, where free enterprise meets law and order, there are more for-profit prisons than any other state. But because of a growing inmate shortage, some private jails cannot fill empty cells, leaving some towns wishing they'd never gotten in the prison business.

It seemed like a good idea at the time when the west Texas farming town of Littlefield borrowed $10 million and built the Bill Clayton Detention Center in a cotton field south of town in 2000. The charmless steel-and-cement-block buildings ringed with razor wire would provide jobs to keep young people from moving to Lubbock or Dallas.

For eight years, the prison was a good employer. Idaho and Wyoming paid for prisoners to serve time there. But two years ago, Idaho pulled out all of its contract inmates because of a budget crunch at home. There was also a scandal surrounding the suicide of an inmate.

Shortly afterward, the for-profit operator, GEO Group, gave notice that it was leaving, too. One hundred prison jobs disappeared. The facility has been empty ever since.


A Hard Sell

"Maybe ... he'll help us to find somebody," says Littlefield City Manager Danny Davis good-n aturedly when a reporter shows up for a tour.

For sale or contract: a 372-bed, medium-security prison with double security fences, state-of-the-art control room, gymnasium, law library, classrooms and five living pods.

Davis opens the gray steel door to a barren cell with bunk beds and stainless-steel furniture.

"You can see the facility here. [It's] pretty austere, but from what I understand from a prison standpoint, it's better than most," he says, still trying to close the sale.

For the past two years, Littlefield has had to come up with $65,000 a month to pay the note on the prison. That's $10 per resident of this little city.

A Resident Burden

Is the empty prison a big white elephant for the city of Littlefield?

"Is it something we have that we'd rather not have? Well, today that would probably be the case," Davis says.

To avoid defaulting on the loan, Littlefield has raised property taxes, increased water and sewer fees, laid off city employees and held off buying a new police car. Still, the city's bond rating has tanked.

The village elders drinking coffee at the White Kitchen cafe are not happy about the way things have turned out.

"It was never voted on by the citizens of Littlefield; [it] is stuck in their craw," says Carl Enloe, retired from Atmos Energy. "They have to pay for it. And the people who's got it going are all up and gone and they left us... "

"...Holdin' the bag!" says Tommy Kelton, another Atmos retiree, completing the sentence.

The Declining Prison Population

The same thing has happened to communities across Texas. Once upon a time, it seems every small town wanted to be a prison town. But the 20-year private prison building boom is over.

Some prisons are struggling outside Texas, too.

Hardin, Mont., defaulted on its bond payments after trying, so far unsuccessfully, to fill its 464-bed minimum security prison. And a prison in Huerfano County, Colo., closed after Arizona pulled out its 700 inmates.

According to the Bureau of Justice Statistics, the total correctional population in the United States is declining for the first time in three decades. Among the reasons: The crime rate is falling, sentencing alternatives mean fewer felons doing hard time and states everywhere are slashing budgets.

The Texas legislature, looking for budget cuts, is contemplating shedding 2,000 contract prison beds. Statewide, more than half of all privately operated county jail beds are empty, according to figures from the Texas Commission on Jail Standards.

"Too many times we've seen jails that have got into it and tried to make it a profitable business to make money off of it and they end up fallin' on their face," says Shannon Herklotz, assistant director of the commission.

The packages look sweet. A town gets a new detention center without costing the taxpayers anything. The private operator finances, constructs and operates an oversized facility. The contract inmates pay off the debt and generate extra revenue.

The economic model works fine until they can't find inmates.

In Waco, McLennan County borrowed $49 million to build an 816-bed jail and charge day rates for bunk space. But today because of the convict shortage, the fortress east of town remains more than half empty. The sheriff and county judge, once champions of the new jail, now decline to comment on it.


Former McLennan County Deputy Rick White, who opposed the jail, had this to say about the prison developers who put the deal together: "They get the corporations formed, they get the bonds sold, they get the facility built, their money is front-loaded, they take their money out. And then there's no reason for them to support the success of the facility."

Two of Texas' busiest private prison consultants — James Parkay and Herb Bristow — declined repeated requests for interviews.

The Inmate Market

According to the Bureau of Justice Statistics, the total correctional population in the United States is declining for the first time in three decades. Among the reasons: The crime rate is falling, sentencing alternatives mean fewer felons doing hard time and states everywhere are slashing budgets.

Private prison companies insist their future is sunny.

A spokesman for the GEO Group declined to speak about the Littlefield prison, but he sent along a slew of press releases highlighting the company's new inmate contracts and prison expansions across the country.

Corrections Corporation of America, the nation's largest private prison operator, says the demand for its facilities remains strong, particularly for federal immigration detainees.


New Jersey-based Community Education Centers, which has been pulling out of unprofitable jails across Texas, issued a statement that "the current (jail) population fluctuation" is cyclical.

One of the places where CEC is cancelling its contract is Falls County, in central Texas, where a for-profit jail addition is losing money. Now it's up to Falls County Judge Steve Sharp to hustle up jailbirds: "If somebody is out there charging $30 a day for an inmate, we need to charge $28. We really don't have a choice of not filling those beds," he said.

Another place where they're desperate for inmates is Anson, the little town north of Abilene, Texas, once famous for its no-dancing law. Today, Jones County owns a brand-new $34 million prison and an $8 million county jail, both of which sit empty. The prison developers made their money and left. Then the Texas Department of Criminal Justice reneged on a contract to fill the new prison with parole violators. The county's Public Facility Corporation that borrowed the money to build the lockups owes $314,000 a month — with no paying inmates. They've got a year's worth of bond service payments set aside before county officials start to sweat.

"The market has changed nationwide in the last 18 months or two years. It's certainly a different picture than when we started this project. And so we're continuing to work the problem," Jones County Judge Dale Spurgin says.

Grayson County, north of Dallas, said no to privatizing its jail. Two years ago, the county was all set to build a $30 million, 750-bed behemoth twice as big as was needed. But the public got queasy and county officials ultimately scuttled the deal.

"When you put the profit motive into a private jail, by design, in order to increase your dollars, your revenues, your profits, you need more folks in there and they need to stay longer," says Bill Magers, mayor of the county seat of Sherman, a leading opponent.

When the supply of prison beds exceeds the demand for prison beds, there are beneficiaries.

The overcrowded Harris County Jail in Houston, the nation's third largest, farms out about 1,000 prisoners to private jails. Littlefield and most other under-occupied facilities in Texas have all been in touch with Houston.

"It really is a buyer's market right now, especially a county our size," says Capt. Robin Kinetsky, who is in charge of inmate processing for the Harris County Sheriffs Department. "They're really wanting to get our business. So, we're getting good deals."

Nearby, disheveled and unsmiling men are brought from a holding cell to stand before a booking officer for their intake interviews. The detainees are wholly unaware that they may soon become the newest commodities of the volatile inmate market.

Aarti Shahani contributed to this NPR News investigation and report.

Eat This Glob
Jan 14, 2008

God is dead. God remains dead. And we have killed him. Who will wipe this blood off us? What festivals of atonement, what sacred games shall we need to invent?

PyRosflam posted:

Drug Court...

This story was on NPR today, It should be on the site soon but here is the tidbit...

It was this weeks episode of This American Life. Fantastic episode, and it got my girlfriend to start reading this thread because she was so disgusted. Give it a listen if you've got an hour.

edit: The "extra" from this episode was even worse than what they covered on the radio:

Very Tough Love:Extra Story posted:

This is another case with a surprisingly high penalty.

Kimberly Spead declined to talk to me but I got her story from court records and from the transcript of an interview she did with lawyers who were investigating Glynn and Camden County drug court practices back in 2005.

Kim was a successful graduate of Judge Williams' drug court program. It took her three years and five months and she finished in January 2002. During Kim's time in the program, the drug court raised the fees that participants pay. She said in the 2005 interview that she was told to sign a paper agreeing to the higher fees. She said she was told that if she didn't, she'd be ejected from the program and would have to serve the full sentence on her original crime. She felt that was unfair. She'd entered the program signing a contract that specified certain fees, and now the court wasn't sticking by the deal. She didn't want to sign. But finally, ten days after her graduation from drug court, she signed.

And she never fully paid up. It isn't clear from court records how much she owed, but the likely amount seems to be about 1500 dollars. A year and a half later, push came to shove: she was summoned to court over the money, she didn't show up, a warrant was issued for her arrest, and she ended up in jail in September 2003. She was denied bond.

She sits in jail for eleven months before she gets into court in front of Judge Williams over the fees. It's unclear why it took this long. During that time, Kim said in that 2005 interview, she repeatedly made written requests to see a public defender and gave those to jail officials, but nothing happened. Finally on August 4, 2004, she's back in front of Judge Williams.

Which brings us to her punishment. Judge Williams kicked her out of the drug court program—even though she'd successfully completed her drug treatment and had graduated drug-free over a year before.

And then, like anyone who's kicked out of drug court, she had to serve the sentence on her original crime. Judge Williams decided that meant a year behind bars, with credit for the eleven months she'd already served, plus four years probation.

In other words, this program whose goal is to reduce the jail population and save taxpayers some money, had a successful drug-free graduate who owed about $1500, and dealt with it by putting that person—a mother with a small child—into incarceration for a year, at a cost to taxpayers of about $17,000. When Kim finally got out of jail, she was informed she would still need to pay back the money.

Link here

Eat This Glob fucked around with this message at 23:18 on Mar 28, 2011

PyRosflam
Aug 11, 2007
The good, The bad, Im the one with the gun.
Episode link

http://podcast.thisamericanlife.org/podcast/430.mp3

If I, or anyone I ever knew was told to go to this drug court I'd say "gently caress you, trial by jury"(I may skip the gently caress you part). This is one of the few cases I'd know I'd have a better chance with a jury trial then with the judge.

I really think that a Jury trial would ask why there being summoned over 2 pain killer pills or the prosecution would drop the charge since you just pulled 2 major items, 1 shown the railroading process can be jumped, 2 establish that if you go to trial your going to get a better deal then Drug Court.

Sadly I am sure that the Judge would do everything in her power, from crappy jury instructions to trying to pass sentence herself because the jury is to light but at least I could appeal to a higher authority. From what those drug court story's say almost all rights are signed away including appeals (how is this possible?).

I'm surprised it hasn't been attacked as cruel and unusual yet since thats the only way I could see an appeal going to the appeals court and not back to the same judge who's causing the issue.

Did someone catch if it was $15,000 bond or $150,000 bond put on them? (can you say excessive bond if the alternative is to sign away your rights and go free?) It really sounds like this court needs to be called on its BS from above.

The really sad part is I could see this idea working if it had more structure and fairness in its system. I am personally a caffeine addict and I saw what happens the first time I went 2 weeks with out a coke. (I could kill someone for a coke at the end). Detox is not a simple process, A judge who is standing over a Detox program really needs to understand that both false positives happen and people may relapse if the craving is strong enough.


Just a side note: The USMC had a drug problem at my base in the past, the commander tightened down on the drug standards he wanted for his troops (military logic, tighter standards are aways better). The next random drug test over 20 troops are positive for opium. At least they get retests but after the retest 14 still fail. (there were other failures as well) Turns out that the commanding officer pushes for bad conduct discharges and only when they get to court does the new standard come to light. The standard was that of a single poppyseed (from the mess hall) muffin if tested within 4 hours. This is the kind of poo poo you need a judge you can argue in front of who does not have a holy war against drugs of all kinds.

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

anonumos posted:

There's a new report from NPR about empty prisons. I heard some of the audio on my way to work today.
Ok so in Texas sentencing reform and declining crime rates have reduced prison populations. Here in supposedly liberal California prisons are overcrowded, kids with no records get 20 years for robberies and we spend more on prisons than the UC system.
I hate this state.

As for drug courts, in my experience in CA they're pointless as implemented. The voters approved prop 36 because they thought it would give people help instead of incarcerating them. However, because of the lack of funding (to you, know pay for effective treatment), understanding of addiction by judges and prosecutors, and more it is really just an installment plan.
In fact, it is pretty common to advise clients who aren't looking a prison time to just opt out and do some jail time.

nm fucked around with this message at 00:26 on Mar 29, 2011

Eat This Glob
Jan 14, 2008

God is dead. God remains dead. And we have killed him. Who will wipe this blood off us? What festivals of atonement, what sacred games shall we need to invent?

PyRosflam posted:

Did someone catch if it was $15,000 bond or $150,000 bond put on them? (can you say excessive bond if the alternative is to sign away your rights and go free?) It really sounds like this court needs to be called on its BS from above.

$15k minimum for any drug case. Plus you can't post (even if you have the money) until you've been seen by the drug court judge for any drug case. Like the two darvocet the girl in the story had and had to wait, if I remember correctly, 6 days just to be seen.

KIM JONG TRILL
Nov 29, 2006

GIN AND JUCHE

nm posted:

Ok so in Texas sentencing reform and declining crime rates have reduced prison populations. Here in supposedly liberal California prisons are overcrowded, kids with no records get 20 years for robberies and we spend more on prisons than the UC system.
I hate this state.

As for drug courts, in my experience in CA they're pointless as implemented. The voters approved prop 36 because they thought it would give people help instead of incarcerating them. However, because of the lack of funding (to you, know pay for effective treatment), understanding of addiction by judges and prosecutors, and more it is really just an installment plan.
In fact, it is pretty common to advise clients who aren't looking a prison time to just opt out and do some jail time.

It's probably the only good thing to ever come out of Texas being a Right to Work state.

AmbassadorFriendly
Nov 19, 2008

Don't leave me hangin'

KIM JONG TRILL posted:

It's probably the only good thing to ever come out of Texas being a Right to Work state.

I'm sorry, I must be missing something, do you mind explaining the connection?

Pf. Hikikomoriarty
Feb 15, 2003

RO YNSHO


Slippery Tilde

AmbassadorFriendly posted:

I'm sorry, I must be missing something, do you mind explaining the connection?

Part of why California is so hosed up is the political sway held by the prison guards union.

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Mort posted:

Part of why California is so hosed up is the political sway held by the prison guards union.
Exactly. I'm a pretty pro-union guy and given all the hazards of being a prison guard, they should have a strong union. But a union that argues to imprison people to grow their numbers? That is all kinds of hosed up.

HidingFromGoro
Jun 5, 2006
The same thing happens in Texas except instead of the union it's the for-profit prison industry.

HidingFromGoro
Jun 5, 2006
UK: Kenneth Clarke ready to bring in troops if strikes erupt over privatized prison.

quote:

The justice secretary, Kenneth Clarke, has confirmed that he is willing to call in the army should "serious trouble" erupt over his decision that the private security company, G4S, should run Birmingham prison – making it the first public sector jail to be privatised. "We have to be prepared should anything go wrong," he told MPs.

The Prison Officers' Association (POA) said it would not rule out industrial action in protest at the decision, despite the fact that such action may be illegal.

Clarke said the military contingency plans, involving up to 3,000 trained regular soldiers, were needed because industrial action involving prisons "can rapidly become far worse than an ordinary strike".

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Gibbs Greatly
Feb 15, 2011

Mort posted:

Part of why California is so hosed up is the political sway held by the prison guards union.

So I guess that, in California, its a great time to be a prison guard!

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