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Post Script to Apr.13, 2011, Post regarding Mn. Gov. Dayton's selection for Commissioner of Corrections

Yesterday,  I posted my opinion as to why I believe rehabilitation is not more successful in Minnesota. Although anecdotal and limited to Minnesota, one can extrapolate the consequences of poorly conceived and executed rehabilitation policies nationwide and witness the results.

Today,  I became aware of the Pew Center’s most recent study detailing recidivism rates state-by-state. Guess what? Minnesota has the highest recidivism rate (61%) of all states! And the national rate? 40% of felons return to prison within three years of being released to the streets. These are not statistics to be proud of, especially since so much money has been thrown at the problem.

These numbers are bothersome. But what is really disturbing is a quote from Mr. Jim Reams, a New Hampshire prosecutor, who apparently spoke on behalf of the National District Attorneys Assoc. regarding this study. His remark, partly  paraphrased, allegedly reflects a  common perception that people in prison are choir boys and if they were let out of prison, “all will be well.”

That opinion reflects a naivete certainly not shared by those working in the criminal justice system, or by the population as a whole.

  As a criminal defense attorney in Minnesota for the past 32 years, I have not known the National District Attorneys Assoc. to aggressively support any treatment-based alternatives to incarceration. In fact, I’ll go so far as to say that the prosecutor’s association listens intently to the law enforcement community, and that community strongly supports prison, not probation, for the majority of felons. And to take this a step further, I believe the association supported the implementation of sentencing guidelines that ushered in determinate sentencing. Why would they support determinate sentencing?  To limit the sentencing discretion of judges. What has been the effect of the guidelines in state and federal courts? To shift the power to prosecutors who, based on which crime is charged, can increase or decrease the severity level of the crime and, consequently, the sentence to be imposed.

It is a well-known fact that most of the money pouring into the prison system is for security, not rehabilitation. And the emphasis on most treatment programs is at the front end.  That is, while incarcerated. Relatively speaking, most of the  money is not allocated toward the transitional phase from these programs and back to the community when felons are most vulnerable. Felons need assistance in finding jobs, places to live just like the rest of us.

Until the criminal justice system- as a whole- takes a more realistic approach to grappling with the recurring problems felons encounter upon release from prison, the states’ recidivism rates will continue to remain inexcusably  high.

Treatment-based alternatives to prison and continuity of treatment through the transitional phase from prison to streetside for the majority of felons is sorely lacking. Why is this so difficult to see?

125 thoughts on “Post Script to Apr.13, 2011, Post regarding Mn. Gov. Dayton's selection for Commissioner of Corrections

  1. i had to go through it again since i could not grab the entire escence of the post in one go.That was a very articulate and logical point you make there.I appreciate you letting me know your thinking on this.

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    • I don’t know what you mean when you say “things are a bit evolved nowadays.” I agree that the thinking has evolved to the point that law enforcement in the broadest sense recognize the need for rehabilitation. But giving mere lip service to what is painfully obvious does not constitute- in my book- a sufficient degree of evolution to permit society, as a whole, to feel comfortable believing that once a person goes to prison they routinely become rehabilitated by virtue of incarceration.
      Striving for rehabilitation is not like washing clothes.

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