Fear of Minor Offenders
It’s one of the few examples where government could spend less money and actually benefit more people and increase public safety.
By reserving prison for violent criminals who need to be separated from society, far cheaper programs of drug and alcohol treatment, job training and education can turn low-level offenders into productive citizens and reduce crime.
Unfortunately, many in Wisconsin do not appear ready to take such an intelligent approach.
An extremely modest attempt at an early release program for nonviolent offenders by the Wisconsin Department of Corrections already is under attack by the media and Milwaukee-area public officials.
Is it because any major crimes have been committed by anyone who received early release? Not at all.
Inflammatory media coverage does not require any actual, major problems with an early release program. It’s enough just to play on the public’s fear of crime and suggest the possibility that problems could one day occur.
That’s the only way to explain a front-page Milwaukee Journal Sentinel story headlined: “State Gave Repeat Offenders Early Prison Releases.”
The article led with one of the first 30 offenders from Milwaukee who was released early. The man got out about a month early. Wow. Nearly four weeks before his sentence was up, a minor offender was walking our streets.
Within about a month, however, the man was back in prison for violating the terms of his probation. The Journal Sentinel didn’t even know what the violation was. Whatever it was, it wasn’t enough to bring any new charges.
The only other alleged violation the Journal Sentinel could find was by someone who got out about two months early. In his case, there was really no violation at all.
The man was arrested and put in jail because his GPS-linked ankle bracelet indicated he’d returned home after his curfew. The next day, however, the man was released again after Milwaukee police confirmed he’d returned home late because he’d been working overtime.
To Help or to Hurt?
The newspaper’s overblown reporting of a single, minor violation and a completely unwarranted re-incarceration does serve one useful purpose: It illustrates the serious problem of trigger-happy probation officers sending people back to prison for totally insignificant offenses.
There was a time when the job of a probation agent was to help those who’d been incarcerated succeed on the outside. Probation agents helped connect those who were released to jobs, drug and alcohol treatment and community support groups that could help prevent former offenders from returning to a life of crime.
These days, many people may be surprised to learn that more than half of the people who go to prison every year in Wisconsin haven’t committed crimes. They’ve committed technical violations of the terms of their probation, parole or extended supervision.
Pamela Oliver, a professor of sociology at UW-Madison, has documented how the job of the parole agent evolved during the 1990s from social work to assist parolees into just another form of lock-’em-up policing.
In 1990, Oliver notes, only about 30% of those entering prison were solely probation and parole violators. About 50% had committed new crimes and 20% had a combination of new crimes and rule violations.
By 1999, Oliver says, those figures were reversed. Only 35% were being sentenced for new crimes. Another 15% were a combination of new crimes and parole violations and fully 50% of those entering prison were solely probation or parole violators.
Someone can violate parole simply by being in the wrong place at the wrong time. Staying out past curfew is a good example. Do we really want to imprison adults for something we have trouble getting teenagers to obey?
Associating with former felons is a parole violation that is very difficult to avoid in many poor neighborhoods. Drug and alcohol use are also common parole violations. Drug and alcohol treatment would be a lot cheaper and more effective than prison.
People leaving prison receive pages of single-spaced requirements that would be very difficult for anyone to follow to the letter. An offender on extended supervision for a sex crime was required to get permission from his parole officer to masturbate.
Gov. Jim Doyle originally proposed an extremely limited early release program and then ended up watering down his own program further with budget vetoes.
Neither Milwaukee Mayor Tom Barrett nor County Executive Scott Walker, the leading Democratic and Republican candidates for governor, appear to have enough political courage to advocate reducing Wisconsin’s financially wasteful over-incarceration of nonviolent offenders.
Even a Republican governor in California who once played a killer cyborg from the future is far more progressive on this issue than Wisconsin’s so-called political leaders.
Ok, let me get this straight. Not only do you want to release the non-violent offenders, but you want to provide treatment, job training and education as well. What's next? Pass a law that prohibits employers from using criminal records as part of their background check because it is unfair to discriminate against those with records. Wouldn't it be far more efficient if we just abolish those non-violent crimes from the lawbook? That way we don't waste any resources in patrolling, arresting, prosecuting, imprisonment, parole/release processing, and any training/education for these individuals. That would save us a lot more money. If we keep going down this release path, what becomes the discentive to committing the crimes?
If the crime is not related in any way to the duties preformed at the job, or a potential threat to employer, it is discrimination. What is the point of throwing petty thieves and minor drug offenders in with murderers and rapists? Community service would be more beneficial. This could help compensate for drug programs, counseling etc. It is far less costly attempting to turn around those who are not yet out of reach, then to throw them in with the sharks and watch them get swallowed. How is this going to help anyone, when a minor offender is released back into society after being influenced by hardcore criminals, or possibly being victims of assault and rape? Is this going to make a more productive citizen? I doubt it. What is the incentive for turning one's life around if you are not able to get a job because of a past mistake?
I was a parolee of the Wisconsin Prison System with a long long history of alcohol and drug addicition, well documented, by the time the story which I am about to share occured.
In 1996 I was on parole, ordered to report to Martin LaStrilla, a parole agent with the Dept. of Corrections in Waukesha County. I was a resident of Menomonee Falls at the time.
I was 26, sober, and attending UWM. I was at a cross roads in my life. I was attempting to get an Americorps service position teaching people the basic skills needed to get a GED.
I do not need to elaboprate on the societal benefits of education for people of any age, that has been done already.
I needed 2 letters of recommendation as part of my application package. I asked Mr. LaStrilla for one. His response was shocking to me at the time, but is perfectly in line with
Joel McNAlly's piece titled "Taking Liberties" from the March 4th, 2010 issue of the SHEPHERD EXPRESS.
Martin refused to write me a letter. I asked him why. He flat out said, "because I am in the business of law enforcement, not social work."
I asked him if his job was not to help me re integrate into society.
He replied, "My job is not to do that. My job is to protect society from people like you."
This is a prime example of a self fulfilling prophecy at work. Tell someone who is struggling with their ability to make responsible decisions that they are no good anyway.
I am not blaming anyone for anything here. It is a proven fact through countless psychological studies that these things are true.
I have recently returned to WI after living in Portland, OR for seven years. Crystal Meth has taken an astronomical on nearly every facet of life out there.
Their municipal court has taken a very progressive approach to the issue with startlingly positive results. They allow and offer a choice between incarceration and treatment,
Treatment is followed up by weekly reporting to a judge, along with employment searches and required six month terms living in sober living houses called oxford houses.
These houses played an instrumental part in my search for recovery.
Today I am sober and drug free, I have my 2 children living with me. My 12 yr old is an honor student. I am in college currently again and making the Dean's list.
Thanks so much for reading my letter, and keep up the good work!
A CITIZEN
Just in case nobody's told you this... Great job!!!!!! I am always glad to hear of a success story like this. Keep up the good work.. A Citizen!!!
I get that there is a HUGE difference between non-violent offenders & good treatment programs and sex offenders/violent offenders that should be incarcerated.
I find it interesting that McNally bashes Probation/Parole Staff that Frequently refer female parolees to his wife's organization, The Benedict Center..
Also, if you look up the laws - offenders on GPS are serious sex offenders, who deserve to be incarcerated for "technical" violations - Look what the sex offenders are doing in California & Florida recently, kidnapping, raping & killing innocent children. Mr. McNally needs to get a reality check.. And needs to have more open-ness about lobbying for business for his wife's treatment operations.
As a frequent reader of your column, I often find that you are spot on, however this time you are way off base. The offenders who are being sent back to prison on "technical violations" have violated the law and the trust that the justice system had in them when they were placed on probation/parole or extended supervision in the first place. They are not immediately sent back to prison on the first violation as your article alludes to. The offenders that are sent back to prison have exhibted a pattern of behavior that warrants re-incarceration. The Agents that sent then back to Wisconsin State Prison have employed a system of progressive sanctions with these offenders that simply did not work for the offenders.These offenders are afforded AODA treatment, job placement/training programs etc. Furthermore, what family sustaining jobs are these Agents going to refer todays offender to??? The fact of the matter is that todays offender has an utter disregard for law and order and that is one of the chief reasons that Proffesor Olivers stats look so good in your column! You also failed to mention that the offenders are being sent back to prison for the CRIME that they were placed on probation/parole from the get go. We all know that the Justice system is far from perfect but using your column space to spread misconceptions about Probation/Parole, such as "Associating with former felons is a parole violation" is in very bad taste. What ever happened to journalism integrity? Where did you get that fact from? Maybe from Proffesor Oliver and her research from 1990? McNally simply throwing all Probation/Parole Agents under the bus by calling them "trigger happy" is not the way to go. You usually get the facts straight, however this week you ran way off course and in your effort to pander to your liberal audience missed a great chance to educate them on the role that todays Probation/Parole Agents play in the wild and wacky justice system.