Wednesday, April 13, 2011

13 April 2011

Signs of Hope For "Stubborn" Revolving Door of Prisons


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The first state-by-state survey of repeat criminality, issued today by the Pew Center on the States, found a "stubbornly high" rate of return to prison: 43 percent of inmates released in 2004 and 45 percent of those freed in 1999 were back within three years. Pew did find some signs of hope from states that use proved methods to avoid sending ex-prisoners back to long periods of custody for minor violations.


Pew's effort is the first since the U.S. Bureau of Justice Statistics (BJS) discovered in 1994 that about 52 percent of inmates were reincarcerated within three years. A look at states involved in both Pew and BJS surveys found that recidivism rates have been largely stable--around 40 percent. While the Pew Center stopped short of declaring that the recidivism picture is improving nationally, Adam Gelb, director of the Pew Public Safety Performance Project, told reporters that several states are experimenting with ways of getting a better return on the billions of dollars spent annually on public safety--what Gelb termed a "triumph of science over sound bytes." The new report says that three states, Kansas, Oregon, and Utah, led the U.S. in declining returns to prison in the two release groups studied by Pew: 1999 and 2004. Pew called Oregon a "national standout" for reducing recidivism by 31 percent between the 1999 and 2004 release groups.




Advocate Says New TX Sentencing Plan Could Save Millions


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Significant changes in how Texas operates its prisons and punishes nonviolent, low-level felons are being proposed today in a move that supporters say could save tens of millions of additional dollars for a cash-strapped state budget, the Austin American-Statesman reports. Included is a plan to expand the use of "shock probation" sentences with limited prison time, to charge imprisoned felons more for their medical care, to study hiring additional private companies to run state jails and transport convicts between prisons, to consider releasing some critically ill convicts to save on medical bills, and to begin selling over-the-counter medications to convicts rather than giving them away.


A fiscal note on the proposed changes says they could save nearly $13.5 million in two years. House leaders said they expect that the savings could be at least twice that. "We think this is a way to save money, lots of money, without endangering public safety," said House Corrections Committee Chairman Jerry Madden. "The biggest piece of this is that instead of sending low-level probation violators to prison to finish their sentence, which can be years, we will send them to prison for up to a year as shock probation." Currently, lawbreakers who violate the terms of their community probation are sent to a state prison, where they can be held for years awaiting parole. According to an internal prison system report, the average time in prison for those inmates is 4.7 years.




Texas Leader "Guardedly Optimistic" Justice Reforms Will Continue


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Texas was praised yesterday for adopting wide-ranging prison reforms that have dramatically cut the state's recidivism rate - and warned that repeat incarcerations and criminal justice costs could rise again if budget-burdened legislators slash the programs. The comments came from Adam Gelb of the Pew Center on the States as he announced results of a nationwide study of prison recidivism (reported in the Inside Criminal Justice section of this site).


The study found 31.9 percent of the 72,130 prisoners released in 2004 returned to prison within three years. Only 24.3 percent of Texas inmates released in 2007 - the year Texas initiated the reforms - returned to prison within three years, says the Texas Legislative Budget Board. The reforms included creation of intermediate sanction facilities for parolees who violate terms of their release, allowing offenders to serve short terms behind bars rather than face parole revocation. Diversion programs for mentally ill offenders and those with substance abuse problems were started, and more money was allocated for adult probation programs. State Sen. John Whitmire, chairman of the Criminal Justice Committee, is "guardedly optimistic funding will be provided to continue our progress. The lieutenant governor says that we're short of funds, but our priorities will be education, Medicaid and criminal justice. I don't let him forget that."




IN Sentencing Reform Dying Over Prosecutors' Opposition


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A plan pushed by Indiana Gov. Mitch Daniels aimed at reducing prison crowding by easing penalties for low-level offenders appears dead in the legislature after running into stiff opposition from county prosecutors, reports the Associated Press. Daniels had made revamping of the criminal sentencing laws one of his top priorities for this year's legislative session, but lawmakers say they haven't been able to reach a compromise and didn't expect more action before the April 29 adjournment deadline.


Senate Corrections Committee Chairman Brent Steele said opposition from prosecutors, police chiefs and sheriffs doomed the proposal. "Without those groups buying into it, it wasn't going to pass," Steele said. "That's the political reality." Daniels had threatened to veto the bill after the Senate added provisions to require those convicted of the most serious crimes to serve at least 85 percent of the sentence ordered by a judge. The governor said he was concerned about increased costs from changing current law that allows most inmates to be released after serving half their sentence if they don't get into trouble while in prison. Daniels spokeswoman Jane Jankowski said the original plan "was very well thought out and researched" but dealt mainly with low-level offenders, and once lawmakers broadened that concept, more research was needed to gauge the financial impact. "We've got to get those numbers right so we can fold it all together and come back next year with a more comprehensive approach."




Report Details Millions in NRA Donations From Gun Industry


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The National Rifle Association gets millions of dollars from domestic and foreign gun manufacturers and other members of the firearms industry through an organized corporate outreach program, the Washington, D.C.,-based Violence Policy Center said today. A center report, "Blood Money: How the Gun Industry Bankrolls the NRA" says that since 2005 contributions from gun industry "corporate partners" to the NRA total between $14.7 million and $38.9 million.


Despite what the center says are the NRA's historical claims that it is not financially allied with the gun industry, including the disclaimer on its website that it "is not affiliated with any firearm or ammunition manufacturers or with any businesses that deal in guns and ammunition," NRA "corporate partners" include many of the world's best known gunmakers as well as such companies as Xe, the new name of Blackwater Worldwide--known for its abuses in the Iraq war--which alone contributed between $500,000 and $999,999 to the NRA since 2005. Among the NRA's "corporate partners" who gave $25,000 or more to the organization are 22 that manufacture firearms. One manufacturer, Beretta, donated one million dollars to the NRA for work to overturn gun control laws after the 2008 U.S. Supreme Court decision that recognized an individual right to possess a handgun in the home for self-defense




How A Virginia Tech Survivor Became Gun-Control Lobbyist


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USA Today profiles Colin Goddard, a survivor of the April 16, 2007, mass shooting at Virginia Tech, now a lobbyist for the Brady Center to Prevent Violence, He also is featured in HBO's "Gun Fight," a documentary film on the gun-control debate. Filmmaker Kevin Breslin made a documentary featuring Goddard called Living for 32, named for the number of people shot dead by Virginia Tech gunman Seung Hui Cho before he fatally shot himself.


Goddard got involved in gun control after April 3, 2009, when he heard a television announcer describe the massacre in Binghamton, N.Y. Jiverly Wong, a Vietnamese immigrant, shot and killed 13 people at an immigration services center and wounded four more before killing himself. "I was so sucked into it because it seemed to me like the same montage of images of people crying and policemen running and yellow tape and flowers and candles," he said. Goddard said the incident unnerved him so much that he contacted Paul Helmke, the president of the Brady Center, whom he had met through his father.




Cyber Crime Increasing Faster Than Federal Prosecutors Can Deal With It


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The growth in computer-based crimes if far outpacing resources the U.S. Justice Department has to attack the problem, Jason Weinstein of the department's criminal division told a Senate committee yesterday, according to MainJustice.com. Only 40 of the division's 440 attorneys work on cyber crime exclusively, compared with 90 working on organized crime.


The growth in computer-based crimes if far outpacing resources the U.S. Justice Department has to attack the problem, Jason Weinstein of the department's criminal division told a Senate committee yesterday, according to MainJustice.com. Only 40 of the division's 440 attorneys work on cyber crime exclusively, compared with 90 working on organized crime. Committee chairman Sheldon Whitehouse (D-RI) said cyber crime is a threat "too dangerous to leave under-resourced." Whitehouse believes "we are on the losing end of the biggest transfer of wealth in the history of humankind through theft and piracy [ ] that is being done through cyber crime."




Charlotte Prosecutor Doubles Habitual Offender Total Imprisoned


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Charlotte prosecutors are on pace to send about 500 habitual offenders to prison this year, which would double the number imprisoned last year, says Mecklenburg's new district attorney, Andrew Murray. Speaking about his first 100 days in office, Murray said prosecutors have obtained what he described as "significant active sentences" for 137 habitual offenders, the Charlotte Observer reports. All of them, he said, had at least three prior felony convictions.


During the first three months of last year, under former District Attorney Peter Gilchrist, prosecutors obtained convictions against 78 such habitual offenders. Murray said his office and police are working together to target career criminals. He said he added two prosecutors to the DA's habitual felons team, bringing the total to eight. Police had criticized Gilchrist for allowing too many habitual offenders back on the streets. Yesterday, a police spokesman said Murray and Chief Rodney Monroe have a similar philosophy about repeat offenders. When Murray took office Jan. 1, he became Mecklenburg's first new DA in 36 years. The 49-year-old Republican replaced Gilchrist, who held the post since 1975. While Gilchrist was widely praised for his management of huge caseloads as crime soared during his tenure, he also was criticized for what some called a "revolving door" for criminals.




Former NYC Crime Boss Tells Jury How He Ran Part of The Mob


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Joseph Massino, the longtime boss of the New York City area's Bonanno crime family, yesterday became the first to testify against a former confederate, reports the New York Times. In federal court in Brooklyn, Massino, 68, spent nearly five hours cataloguing his misdeeds, including murders. Asked by a prosecutor, "What powers did you have?," he replied, "Murders, responsibility for the family, made captains, break captains."


Massino told a jury that the man on trial, Vincent Basciano, the family's former acting boss, had spoken to him about ordering the 2004 killing of Randolph Pizzolo, a Bonanno associate Basciano is charged with ordering Mr. Pizzolo's murder. For much of the day, Massino established his credentials and gave the jury his view from the top, his philosophy of mob management and his personal history - all larded with a steady stream of culinary metaphors and references. "If you need somebody to kill somebody, you need workers - it takes all kinds of meat to make a good sauce," said the onetime restaurateur, catering consultant. and coffee truck owner, referring to Basciano's skills both as a killer and as an earner for the crime family.




Michigan To Stop Listing "Romeo and Juliet" Sex Offender Cases


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Consensual but illegal sex between Michigan teen lovers sometimes has led to 25 years of public stigma for the older partner. That will end July 1 for new offenders, says the Detroit Free Press. Under a law signed by Gov. Rick Snyder, no longer will so-called Romeo and Juliet offenders be listed on the registry if they're convicted of having sex with 13-, 14- or 15-year-olds, as long as offenders aren't more than four years older.


Consensual but illegal sex between Michigan teen lovers sometimes has led to 25 years of public stigma for the older partner. That will end July 1 for new offenders, says the Detroit Free Press. Under a law signed by Gov. Rick Snyder, no longer will so-called Romeo and Juliet offenders be listed on the registry if they're convicted of having sex with 13-, 14- or 15-year-olds, as long as offenders aren't more than four years older. The registry has been criticized for branding trysting teens by putting their names on a list that does not distinguish between them and dangerous sexual predators. Those Romeos -- and some Juliets -- already on the registry can petition courts to expunge their names. "This is a monumental change" that will correct an injustice, said state Sen. Rick Jones, who sponsored the new law. "It's destroying someone's life, where you have a boyfriend and girlfriend in a consensual act. It's not appropriate." The new law, does not change Michigan's age of consent -- 16. Another new law requires the most serious sex offenders to register home addresses every three months for the rest of their lives, instead of 25 years




Denver Fires Six Police Officers, More Than In 3 Years Combined


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With the decision this week to terminate two more Denver police officers, six have now been fired this year - one more than in the previous three years combined, reports the Denver Post. Authorities said the sudden burst of terminations is largely the result of changes made to disciplinary rules in 2008. The firings have occurred under the watch of a mayor who chose not to seek election to the office, pledged not to let open disciplinary cases linger during his brief term, and is not worried about maintaining political support within the Police Department.


The seeds for the terminations - all of which involved officers failing to tell the truth in reports or during investigations - were sown in 2008 when the new disciplinary rules were designed, said the city's independent police monitor, Richard Rosenthal. "The disciplinary matrix is fully in place now and is being followed by the department with respect to the commission of deceptive acts or lying to internal affairs," he said. On Monday, safety manager Charles Garcia terminated officers Ricky Nixon and Kevin Devine, who were accused of excessive force for an incident caught on camera in 2009. The two were dismissed for "commission of a deceptive act." Garcia found that the reports they filed after the arrests did not match other witness accounts.




ICE Official Who Spoke Out Against Child Porn Is Investigated


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The head of federal Immigration and Customs Enforcement for South Florida has been placed on paid administrative leave, as federal agents investigate four images of child pornography he allegedly received on his home computer via an AOL e-mail account, reports the Miami Herald. Broward Sheriff's Office and FBI investigators seized Anthony Mangione's home computer after obtaining a search warrant based on an alert from AOL, Mangione's Internet service provider.


Sources said Mangione, 50, who has headed the ICE regional office since 2007, was not believed to have received the pictures in connection with any ICE investigation. AOL, which monitors the distribution of child pornography by its users, alerted a national nonprofit resource center about the images allegedly sent to Mangione's computer in recent weeks. The National Center for Missing and Exploited Children then forwarded the information to a multi-agency task force that investigates child-porn distribution over the Internet. Ingthe past decade, ICE has aggressively targeted child pornography, with Mangione frequently speaking out against "predators'' who illegally share images through their computers. ICE also investigates migrant smuggling, illegal weapons exports, terrorism and drug trafficking.


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