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?

Mn. Gov. Dayton has selected Mr.Tom Roy, a veteran probation and parole officer to head the Mn. Dept. of Corrections. Wow! Finally, someone to lead state corrections who sees beyond retribution and confinement!

Let me share  Minnesota’s flirtation with prisoner rehabilitation. It’s a short chapter in “prison reform.”

In 1970 I sat in the auditorium at Red Wing State Training School for Boys in Red Wing, Mn., listening to Harry Vorath speak glowingly of the salient aspects of positive peer culture (“ppc”) introduced at the instituion. For the next 8-9 months I took part in the group therapy program. Obviously, it didn”t work for me as I was sitting in a prison cell a couple of years later, having been convicted of a commercial burglary.

Did it not work because there was no follow-up once I hit the streets? Once I was released from Red Wing I was on my own, save for periodic contact with a parole officer. However, when I entered St.Cloud Reformatory for Men in St.Cloud, Mn., it was a different story.

At St.Cloud I again took part in a ppc program. This time it was Project Newgate, a college-level program with its initial phase at St.Cloud and subsequent transition to the University of Minnesota Mpls. campus. After nine months in the prison program I was released to campus where I eventually completed my B.A. in political science and then a J.D. from Hamline University School of Law.

While in undergraduate school I participated in the Legal Advocacy Project representing inmates before disciplinary (“due process”) hearings in Stillwater Prison and St.Cloud Reformatory. I also filled the “ex-offender” slot for the Ramsey County (St.Paul, Mn.) Corrections Advisory Board.

It was during this period of time that I became aware of a disturbing trend: the inevitable rollback of funding for community corrections, which directly impacted such programs as Project Newgate that was essential to my surviving after being released from prison and going on to become an attorney.

I watched with increasing frustration as effective community programs appeared before the advisory board pleading for the ever shrinking dollar. From my perspective, the process was complete when the Minnesota legislature encted the Minnesota Sentencing Guidelines that restricted the sentencing judge’s discretion and required application of a presumptive sentence based on severity level of the offense and the defendant’s criminal history score.

Many states, including the federal government, followed suit with their version of “equitable” sentencing policies. With determinate sentences,  there is little an inmate can do to secure an early release from prison. Sure, there has been a tweeking of the system to alleviate overcrowding in our prisons.

Maybe Gov. Dayton, through his commissioner- designate, can undue some of  the damage to our communities heaped upon us by having embraced this myopic and draconian view of “corrections.” If not, then we-as a nation- can continue to enjoy our well-deserved status as the country to lock up more people than any country in the world.