Bare Bones Rehab Lead Addicts Down Sober Road

The Denver Post

GRAND JUNCTION — The sun won't be up for another hour. But the arduous work of staying sober doesn't wait for daylight.

Seven women and 13 men in two adjoining old houses are out of their sagging bunk beds and checking off the list of chores inside pantry doors. Vacuum cleaners whine. Pine Sol is mopped on linoleum. Silverware and prayer books are laid out on breakfast tables. Quick cigarettes are puffed in the frigid darkness of the backyards.

Everything must be done and the residents showered and dressed by 6:45. That's when they'll gather around their respective tables, bow their heads and share readings and prayers. Then, most will hurry off to the Salvation Army warehouse to sort through mountains of second-hand clothing."I am grateful for a safe place to heal, God. I am grateful for another sober day," prays Sharon, 61, a motherly-looking former nurse's aide who walked into this house five months ago, terrified and sick.

The Salvation Army's Adult Rehabilitation Program is a far cry from the spa-style rehabs where celebrities flit in and out or the pricey Hazelden and Betty Ford centers.

Its many sober success stories stand as proof that a bare-bones program that costs $3,100 for six months — as opposed to as much as $68,000 a month for high-end rehabs — can work. Rehab with bologna lunches and transportation via beat-up bicycles can bring better results than programs boasting grilled lobster and shuttles to high-end gyms.

If one doesn't count the basket of candy bars sitting on top of a microwave in the women's house or the day-old bakery items spread on a table in the men's, there are really no frills of any kind.

This is nitty-gritty, hard-work rehab.

With its 60 percent success rate, measured by clients who are sober a year out, the 14-year-old program also is one of the more successful in the country.

"Those are very good results," said Janet Wood, director of the Alcohol and Drug Abuse Treatment

A much longer stay

Following rules as seemingly inconsequential as pushing chairs back into the dining table helps give structure to lives that had been out of control. Earning the privilege of riding a bike, using the house phone or, after four months, going to a Sunday afternoon movie helps them learn there are rewards for doing the right thing.

Mandatory church on Sunday mornings and daily prayer or some sort of spiritual reflection tunes them in to a higher power.

Most important, they say, the program is six months long.

The average length of treatment in the country is 20 days. Studies have shown that anything under 90 days has as little as a 10 percent to 30 percent chance of success.

The longer the treatment, the better, said Thomas McLellan, director of the Philadelphia-based Treatment Research Institute. He said the three-week programs that are usually the maximum insurance covers don't work for serious substance abusers.

"We've had this idea about addiction for decades that you could go away to Shady Acres for a few weeks and have an epiphany and learn a lesson," he said. "It doesn't work that way."

Snap, Crackle, Pot?

On The Lighter Side
AP REPORT

NEW YORK (AP) — Snap, crackle ... pot?

Bursting with indignation, legions of legalize-marijuana advocates are urging a boycott of Kellogg Co., including all of its popular munchies, for deciding to cut ties with Olympic hero Michael Phelps after he was photographed with a pot pipe.

The leader of one of the biggest groups, the Marijuana Policy Project, called Kellogg's action "hypocritical and disgusting," and said he'd never seen his membership so angry, with more than 2,300 of them signing an online petition.

"Kellogg's had no problem signing up Phelps when he had a conviction for drunk driving, an illegal act that could actually have killed someone," said Rob Kampia, the group's executive director. "To drop him for choosing to relax with a substance that's safer than beer is an outrage, and it sends a dangerous message to young people."

Also urging a boycott were the National Organization for the Reform of Marijuana Laws, Students for Sensible Drug Policy and the Drug Policy Alliance. They encouraged their members to contact Kellogg to vent their views.

In one sign of the campaign's impact, the Phelps saga took precedence over the tainted peanut butter outbreak in the recorded reply on Kellogg's consumer hot line Tuesday.

"If you would like to share your comments regarding our relationship with Michael Phelps, please press one to speak to a representative," said the recording. "If you're calling about the recent peanut butter recall, please press two now."

Panel On Prison Spending

Prison Spending, Recidivism and the Colorado Budget: How many more prison beds can we afford?

---

March 3, 2009

The Independence Institute, the Texas Public Policy Foundation and the Pew Center on the States invite you to a special panel event:

Prison Spending, Recidivism and the Colorado Budget:
How many more prison beds can we afford?

Twenty years ago, prison spending was less than 3 percent of the state budget. Last year, prison spending was nearly 9 percent of general fund spending inColorado, and still growing. Recidivism is a major factor in that growth.  Please join us for a panel discussion on the impact of recidivism on Colorado's prison population and on the Colorado budget, and the recent recommendations of the Colorado Commission on Criminal and Juvenile Justice (CCCJJ) to reduce recidivism in Colorado.   


Panelists include Mike Krause, Director of the Independence Institute's Justice Policy Initiative; Christie Donner of the Colorado Criminal justice Reform Coalition; State Representative Ellen Roberts; State Senator Morgan Carroll; Richard Jerome from the Pew Center on the State's Public Safety Performance Project and Weld County Sheriff John Cooke. 

Tuesday, March 3rd, 2009, 5:00pm-7:00 pm
5:00 PM reception and 5:30 PM program
The University Club
1673 Sherman Street
Denver, CO 80203 

Admission is free with RSVP
Please RSVP by Feb. 26th!
Cash bar and light food served

RSVP to (303) 279-6536 or register online. https://secure.lexi.net/i2i/main/event.php?event_id=60&rsvp=1

(Event is FREE with RSVP. Please ignore credit card info.                
Fill in boxes with the * only.

Safe Access In Danger

Colorado Action Alert From Sensible Colorado

Safe Access to Medical Marijuana is in Danger!

The Colorado Health Department is acting to restrict patient access to medical marijuana. In March the Board of Health will be voting on a rule which would rip patients out of safe caregiver relationships, and force them into the streets in search of their life-giving medicine. Help fight this threat to safe access by showing your support on March 18, 2009.

What: Solidarity event to help protect safe access to medical marijuana

Place: 4300 Cherry Creek Drive S., Denver 80246 (Colorado Health Dept. Building)

Time: Noon on Wednesday, March 18

What else: This is NOT a rally. This is a formal hearing and we NEED you to dress nice and act in a professional fashion. Signs and banners will not be allowed in the building– so don’t bring them. If you have a compelling story which you would like to share at this Hearing, please send an email outlining your concerns to brian@sensiblecolorado.org

Has Obama Made A Good Choice For Drug Czar?

Well, he's not Ethan Nadelmann...but hopefully he's better than what we have had.

The Drug War Chronicle
Posted in Chronicle Blog by Scott Morgan on Wed, 02/11/2009 - 3:16am

The Seattle Post-Intelligencer is reporting that Seattle Police Chief Gil Kerlikowske will likely be Obama’s nominee for director of the Office of National Drug Control Policy, commonly referred to as the drug czar. It appears that we may soon be faced with the most promising drug czar ever to occupy the position.

To be clear, Kerlikowske is not a friend of drug policy reform to any extent I’m aware of. What matters here is that I see no evidence that he is a vicious drug warrior of the sort commonly associated with the drug czar post. Given that ONDCP is mandated to oppose reform efforts and has typically embraced that role, a less confrontational and reefer madness-driven drug czar is really the best case scenario from a drug policy reform perspective.

Under Kerlikowske, Seattle has been a model for sensible marijuana policy, including the famous Seattle Hempfest at which the Seattle Police Department performs a public safety role while declining to make marijuana arrests. Following the passage of a 2004 lowest priority initiative, the city’s already-low rate of marijuana prosecutions fell even further, suggesting that Kerlikowske was responsive to the will of voters.

In that sense, he offers a dramatic departure from ONDCP’s shameful history of undermining state medical marijuana laws and inserting itself into state politics for the purpose of thwarting reform efforts. In an office typically run by military officials and political hacks, Kerlikowske would bring expertise in community policing and public relations.

As drug czar, I have no doubt that Gil Kerlikowske would oppose drug legalization and serve as our primary opponent on many issues. Nevertheless, at first glance, my gut instinct is that after several drug czars from hell, a guy from Seattle doesn’t sound so bad.

Update: I'd be remiss not to mention that Kerlikowske's immediate predecessor was Norm Stamper.

Can Your Name Make You A Criminal

In the Shel Silverstein–penned Johnny Cash hit "A Boy Named Sue," a father explains that he gave his son so improbable a name because "I knew you'd have to get tough or die, and it's that name that helped to make you strong." It turns out that your first name may also help make you a criminal.

In a new study to be published in the March issue of Social Science Quarterly, David Kalist and Daniel Lee, economists at Shippensburg University in Pennsylvania, find that adolescent boys with unpopular names are likelier than other boys to be referred to the juvenile-justice system for alleged offenses. The researchers conclude that the Ernests, Prestons and Tyrells of America are significantly more delinquent than the Michaels and Davids. Why? (See the top 10 crime stories of 2008.)

The short answer is that our names play an important role in shaping the way we see ourselves — and, more important, how others see us. Abundant academic literature proves these points. A 1993 paper found that most people perceive those with unconventionally spelled names (Patric, Geoffrey) as less likely to be moral, warm and successful. A 2001 paper found that we have a tendency to judge boys' trustworthiness and masculinity from their names. (As a guy whose middle name is Ashley, I can attest to the second part.) In a 2007 paper (here's a PDF), University of Florida economist David Figlio found that boys with names commonly given to girls are likelier to be suspended from school. And an influential 1998 paper co-authored by psychologist Melvin (a challenging first name if there ever was one) Manis of the University of Michigan reported that "having an unusual name leads to unfavorable reactions in others, which then leads to unfavorable evaluations of the self."

Time Magazine

The Prison Overcrowding Fix

NY TIMES

In San Francisco last week, a federal court was hearing final arguments in the prison overcrowding lawsuit that led Monday to an unprecedented decision to reduce the nation’s largest prison system by one-third. Just a few blocks away, a state appellate court was affirming a life sentence for Ali Foroutan, convicted of possession of 0.03 gram of methamphetamine.

Critics of California’s justice system say Mr. Foroutan’s sentence under the “three-strikes law,” which mandates 25 years to life in prison for three-time felons, is the kind of punishment that has made the state’s prisons the most overcrowded in the nation.

Federal judges tentatively ruled Monday that packed facilities were the chief impediment to adequate health care in prisons — a system so flawed it was tantamount to a violation of the Eighth Amendment.

Monday’s ruling signaled the court’s intention to cap the number of prisoners at about 101,000, a reduction of 55,000. It came after more than a decade of federal court orders from exasperated judges who demanded that the state improve its facilities and personnel, after the appointment of the most powerful federal receivership since the days of forced racial integration in the South, and after the death of scores of prisoners who committed suicide or died of preventable illnesses.

The judges encouraged the state to negotiate with inmates’ lawyers to cut the prison population from 156,000, which is about double the system’s capacity, within three years. If the state refuses to negotiate such a plan, the judges could order specific actions, including shortened prison sentences, diversion of nonviolent felons to county programs, and parole reforms that would cut down recidivism.

DA To Investigate Garfield County Sheriff

Vail Daily News

John Gardner
jgardner@postindependent.com
Glenwood Springs, CO Colorado,

GLENWOOD SPRINGS, Colorado — Garfield County commissioners on Monday referred the matter of allegations of misconduct by Garfield County Sheriff Lou Vallario to the 9th Judicial District.

District Attorney Martin Beeson will determine if any of what Vallario is being accused of could amount to “criminal conduct.”

Commissioner Trési Houpt said that referring the matter to the DA’s office is the only way to resolve the issue.

“After looking at the allegations that were made and who it concerned, it made sense to me to give it to the one person who could do an independent investigation, the DA,” Houpt said. “In the long run it’s going to help everyone involved.”

Garfield County Sheriff Lou Vallario maintained Monday that the allegations against him are “ridiculous.”

“I’m a little disappointed that it’s risen to this level,” Vallario said. “It’s ridiculous. It’s totally untrue, baseless, lies and unfounded. I’m sure that the DA will do whatever he has to do to clear this up quickly.”

Garfield County Attorney Don DeFord asked the Garfield County Board of Commissioners to decide on how they would like to move forward after John Martin and Houpt received e-mails alleging that Vallario and a detention deputy participated in a variety of inappropriate behavior including complaints about alleged favoritism and promotions. Vallario has admitted to having a “romantic relationship” with the deputy, but maintained that the allegations of misconduct are false.

DeFord told county commissioners on Monday that some of what Vallario is being accused of could amount to “criminal conduct” and asked what direction the commissioners would like to take on the matter.

Rockefeller Drug Laws: An End In Sight

NY TIMES

It took 35 years.

The New York Legislature finally seems poised to overturn the infamous Rockefeller drug laws. The impending change comes too late for the tens of thousands of low-level, nonviolent drug offenders who wasted away in prison because of mandatory sentencing policies when they should have been given treatment and leniency. But after years of building support for reform, legislative leaders now have it within their power to make wholesale changes in this profoundly destructive law.

The Rockefeller laws tied the hands of judges by requiring lengthy prison terms even for first-time offenders. Essentially, the law allowed prosecutors to decide who went to jail and for how long. The system, which has been imitated throughout the country, filled the jails to bursting, while doing nothing to curb the drug trade.

The law has been especially disastrous for black and Latino offenders, who represent the overwhelming majority of those held in state prison for drug offenses. The Assembly speaker, Sheldon Silver, made just that point last week when he criticized a state commission that had been appointed to study the reform issue. The commission, which appears to have been dominated by prosecutors, called for more rational sentencing guidelines and allowing judges to send more offenders to treatment instead of prison. But it failed to get to the heart of the matter, which is a full restoration of judicial discretion.

A Father's Second Chance

Longmont Times-Call

By Pam Mellskog
Longmont Times-Call

LONGMONT — During his six-month stint as a prison inmate in upstate Vermont, Mark Garrigan taped himself reading children’s books and mailed those cassettes to his preschool-aged son to stay in touch.

Yet he wrestled mightily with an overwhelmingly sad sense of losing precious time with his only child and tarnishing his legacy as a father.

“But in prison, you don’t want to reveal feelings,” said Garrigan, 47. “So I would go into my jail cell and cry like a baby when I could be there alone.”

In October, Garrigan relocated from New Hampshire to Longmont to be closer to the boy, now 10, who lives with Garrigan’s ex-wife in a neighboring county.

In December, the father and son spent their first Christmas together in four years.

“There are days I felt like giving up,” he said. “I know two fathers who just let their kids go because it was too hard. … Some (ex-offenders) feel like, how could their child ever love them? … ‘Prison is a bad person’s place, and (Dad) has been a bad man.’ They’ve set the worst example by going to prison. … There’s a lot of shame. There’s a lot of self-doubt.”

Despite the barriers to fatherhood related to bars, divorce or distance, the federal government in 2006 recognized the importance of a man’s role in his child’s life by awarding a $10 million grant over five years to Colorado to fund the Promoting Responsible Fatherhood initiative

Prison Closing A Concern For Rifle

KJCT

RIFLE -- Possible closing of the Rifle Correctional Facility has sparked quite a bit of concern among residents of the area.

The news came as quite a surprise to Mayor Keith Lambert, and he says, it could deal an economic blow to the town.

The facility sits on a twenty-three acre site in rural Garfield County and employs 57 workers.

In addition, inmates regularly contribute to the community by maintaining upkeep and fighting fires with their own 12-man crew.

If the Department of Corrections has its way, the facility would be shut down to save the state an estimated $600,000.

Mayor Lambert says that money would be saved by the state, but he says the town would suffer a deep economic impact.

Lambert says, "It's caused us some concern for a number of reasons. First of all, the loss of the jobs that the Rifle Correctional Facility provides to this community as far as income of the employees and the families that live here. Secondly it has caused us concern in regards to the work crews that we receive from the prison to help with projects within the community."

Trends In Incarcerated Parents

New Report From the Sentencing Project.
Mass incarceration has had significant and long-lasting impacts on American society, and particularly on communities of color. There is now a growing awareness that parents who go to prison do not suffer the consequences alone; the children of incarcerated parents often lose contact with their parent and visits are sometimes rare. Children of incarcerated parents are more likely to drop out of school, engage in delinquency, and subsequently be incarcerated themselves.1

In 2007 there were 1.7 million children in America with a parent in prison, more than 70% of whom were children of color. Children of incarcerated parents live in a variety of circumstances. Some were previously in homes of two-parent families, where the non-incarcerated parent can assume primary responsibility for the children. Many children, especially in cases of women’s incarceration, were in single-parent homes and are then cared for by a grandparent or other relative, if not in foster care. And in some cases, due to substance abuse and other factors, incarcerated parents had either not lived with their children or not provided a secure environment for them. Following release from prison both parents and children face challenges in reuniting their families. Parents have to cope with the difficulty of finding employment and stable housing while also reestablishing a relationship with their children.

The increasing incarceration of women means that more mothers are being incarcerated than ever before. There is some evidence that maternal incarceration can be more damaging to a child than paternal incarceration, which results in more children now suffering negative consequences. The number of incarcerated mothers has more than doubled (122%) from 29,500 in 1991 to 65,600 in 2007.
1 Dallaire,

Are Prisons Too Costly For States

The Denver Post

Growing prison populations and dire budget shortfalls have forced states to consider criminal justice policy changes that until recently might have been considered political suicide.

Those changes, which are being enacted or debated in states across the country, are designed to reduce prison and jail populations through sentencing changes, recidivism reduction programs and early release modifications.

In short, officials are increasingly coming to the conclusion that government can no longer afford to incarcerate the nearly 2.3 million people in jails and prisons across the nation.

Don't be surprised if that debate surfaces in Colorado in the shape of sentencing reform.

Colorado Sen. Moe Keller, chair of the Joint Budget Committee, recently told us that she has been hearing conversations about the possibility of sentencing restructuring.

Those changes might involve removing mandatory minimum sentencing requirements. Another change in the wind is modification of how prisoners earn time off their sentences.

In Virginia, state senators are crafting plans to change sentencing policies so that hundreds, maybe thousands, of prisoners can be released early.

The state is hoping to close a prison or two and save perhaps $50 million that would go toward closing a $3 billion budget shortfall.

In Kentucky, New York and California, there are similar problems and proposed or enacted solutions designed to reduce corrections budgets.

Here in Colorado, Gov. Bill Ritter last year presented a five-year plan to cut down on repeat offenders by investing in prevention services for youth, incarceration diversion, transitional services, substance abuse treatment and offender education.

As it stands, Colorado's recidivism rate of released offenders returning to prison within three years is 53.4 percent.

The governor estimates his plan would save $380 million, most of which would come from not having to build a new prison. And it costs about $25,000 annually to incarcerate a prisoner in existing facilities.

We think the governor's plan is a prudent one and we hope it works. It has been evident for quite some time that the state has to find a way to get a grip on corrections expenses.

Prosecutor in Tim Masters Case Embarrassed

You have to ask yourself, how many other prosecutors would be embarrassed about their cases.

The Denver Post

FORT COLLINS, Colo.—A former prosecutor in a botched murder case told attorney regulators she was "embarrassed" and called the case leading to the state's first DNA exoneration "frustrating."

Terence Gilmore and Jolene Blair, now judges in the 8th Judicial District, won the conviction of Tim Masters in 1999, 12 years after the Feb. 11, 1987, slaying of Peggy Hettrick.

Masters served nearly 10 years in prison before he was cleared by advanced DNA testing. He was released from prison in January 2008.

Gilmore and Blair in September were disciplined by the Office of Attorney Regulation, an arm of the Colorado Supreme Court, for failing to ensure defense attorneys had all the evidence gathered by police. The two were publicly censured but can still practice law.

The Coloradoan obtained documents and tape recordings of interviews with attorney regulators under Colorado's open records law for a story published Sunday. Both former prosecutors, in separate interviews in May, told regulators they didn't make any of the evidence secret.

Each has declined public comment because Hettrick's slaying remains unsolved and both face a federal lawsuit.

"It's very frustrating to look back on a case you tried 10 years ago and discover that there's all of this information that you never had," Blair said. "Would I have done it differently? Absolutely. I wish I knew now what I didn't know then."

Among the pieces of evidence cited by attorney regulators as not being turned over are hundreds of pages of notes used by a forensic psychologist to form opinions about violent drawings found in Masters' bedroom. Police and prosecutors used this report to buttress their circumstantial case against Masters.

Lockdowns on Rise In State Prison

Programs aren't as expensive as a new high security prison...ever.

Rocky Mountain News

State prison officials blame a stunning increase in violence and lockdowns on mushrooming gang activity and budget cuts that reduced programs to keep inmates out of trouble.

Corrections chief Ari Zavaras outlined statistics in a briefing to state lawmakers.

Prisons were locked down 148 times in the 2007-08 fiscal year, an 80 percent increase with 66 more lockdowns than in the previous fiscal year, Zavaras said.

Assaults by inmates on other inmates rose 19.5 percent and assaults by inmates on staff went up 11 percent, he said.

The corrections chief said more high-security cells are needed to isolate problem offenders from the general population.

"In the last eight years, the gang population increased by 85 percent while our inmate population only increased by 42 percent," said prison spokeswoman Katherine Sanguinetti. More than 9,300 inmates of the total prison population of 23,000 are identified as gang members or affiliates, she said.

Many inmates bring their gang affiliations - and rivalries - with them. Others join gangs in prison for protection.

Sanguinetti said efforts are made to keep rival gang members away from each other, but with such high levels of gang affiliation, "they are going to run into each other more frequently."

More violence means more lockdowns, she said.

Phantom Constituents

New York Times

There are many ways to hijack political power. One of them is to draw state or city legislative districts around large prisons — and pretend that the inmates are legitimate constituents.

Which, of course, they are not. Prison inmates are stripped of the right to vote in all but two states. They often live hundreds of miles from the prison town — where they may never even see the local streets. Once released, they are hustled onto buses and driven halfway across the state to their actual homes.

Why, then, does the census bureau count inmates as “residents” of their prisons? Force of habit, maybe. But it is way past time to bring the practice to an end.

It made almost no difference when the national prison population was minuscule. But with the prison population at 1.4 million and climbing, this misallocation is having a huge and distorting impact on the political landscape.

By counting inmates at prison instead of at home, the bureau allows unscrupulous legislatures to create phantom districts that sometimes contain more inmates than actual constituents. Politicians from these bogus districts can be elected with shockingly small numbers of votes. Once in office, they reward friends, punish enemies, and generally wield as much power as legislators from legitimate districts with many more real constituents.

It’s called prison-based gerrymandering. It violates the principle of one person, one vote. And it brings to mind the slave-era United States, when enslaved persons were denied the vote and counted as three-fifths of a person for purposes of apportioning representation in Congress.

The obvious solution is for the census bureau to begin counting inmates at their homes instead of from their prison cells. But the bureau has so far failed to do this, despite increasing pressure from advocates, community groups and politicians. In New York, Democratic lawmakers are fuming about the way upstate Republicans parlayed the prison population into a political advantage.

DPA - You Can Make A Difference

This is the letter I got from the Drug Policy Alliance and I wanted to pass it on to anyone else who may have contacted the White House. I wanted to call and find out what the access was like. It was actually a pleasant experience. The White House operator sent me to the Comments line and a real human being spoke to me and affirmed that she would let The President know about my concerns.

Dear Pamela, You took action, and President Obama responded. Well done! The White House received thousands of your faxes and phone calls, and almost immediately took a stand in support of medical marijuana states, upholding President Obama's campaign promises to end the federal raids on medical marijuana dispensaries. We joined you in urging this administration to end these wasteful, harmful raids, and coordinated efforts with our allies in Congress to keep the pressure on. Thanks to your efforts, the Obama administration responded: "The President believes that federal resources should not be used to circumvent state laws, and as he continues to appoint senior leadership to fill out the ranks of the federal government, he expects them to review their policies with that in mind." An incredible victory. But the fight's not over yet. Here are a few things we'll continue to work on in the coming season to ensure that medical marijuana patients everywhere are protected: Urge President Obama to nominate a drug czar who will stay out of your house and medicine cabinet. Keep working in New Mexico, as the state becomes the first to license nonprofit organizations to grow medical marijuana. Continue supporting medical marijuana legislation in states like New Jersey, where our bill will hopefully be voted on by the full Senate soon. By working together, we can accomplish anything. Great job! Thanks again,

Obama Revamps Faith-Based

CNN

Obama revamps faith-based office

• Story Highlights
• Order bans religious discrimination in hiring by groups that get funds from agency
  
• Officials: Obama strengthening constitutional and legal grounding of the office
  
• Under Bush, data and voices from different sides not considered, White House says
  
• Obama forms advisory council of 25 prominent religious leaders
  

WASHINGTON (CNN) -- The Obama administration took its first steps into the politically delicate world of church-state relations Thursday, issuing an executive order establishing a new review process to encourage nondiscriminatory hiring practices among religious groups accepting federal money.

The order is designed to strengthen the constitutional and legal grounding of former President Bush's controversial Office of Faith-Based Initiatives, two senior administration officials told CNN.

"We think this is a key step forward. It doesn't resolve all issues at the outset, but it does provide a mechanism to address difficult legal issues moving forward," they said.

Obama tapped Josh DuBois, who headed religious outreach for Obama's presidential campaign, to run the office.

Under his administration, the office's role will not be to "favor one religious group over another -- or even religious groups over secular groups. It will simply be to work on behalf of those organizations that want to work on behalf of our communities, and to do so without blurring the line that our founders wisely drew between church and state," Obama said in remarks at a national prayer breakfast. Watch Obama spell out his plan »

"This work is important, because whether it's a secular group advising families facing foreclosure or faith-based groups providing job-training to those who need work, few are closer to what's happening on our streets and in our neighborhoods than these organizations. People trust them. Communities rely on them. And we will help them."

Critics of the office, which steers government money to religious charities that perform social services, say that under the Bush administration, faith groups were allowed to take religion and related issues into account when hiring.

Stimulus Plan Has 1 Billion To Hire More Police

NY Times

WASHINGTON — President Obama’s economic stimulus plan includes about $1 billion to help local governments hire more police officers, which would resurrect a Clinton administration program that had been largely shelved by President George W. Bush.

The so-called COPS Program, for Community Oriented Policing Services, aimed to add 100,000 police officers to local departments in eight years. Whether it met that goal is the subject of heated debate in law enforcement and public policy circles.

Mr. Bush, reflecting a Republican philosophical objection to having the federal government pay for local police salaries, all but eliminated the program.

Senator Patrick J. Leahy, the Vermont Democrat who is chairman of the Judiciary Committee, said money to hire police officers was an appropriate part of the stimulus bill because it would aid the economy “as fast as, or faster than, other spending.”

“In police hiring, nearly 100 percent of the money goes to creating jobs,” Mr. Leahy said. “This is particularly important in the current economic crisis, since many police departments are already reporting increases in crime and cuts in their budgets and their forces.”

A senior analyst at the conservative Heritage Foundation, David B. Muhlhausen, who has written about the COPS program, disagreed, saying there was “no evidence that funding for these kinds of programs will stimulate the economy.”

Mr. Muhlhausen said that nonetheless, he expected the program to be enacted either as part of the stimulus package or by itself because “most politicians don’t want to be on the record as against a law enforcement program, and everybody likes the idea of bringing home some federal grants.”

Chuck Wexler, the executive director of the Police Executive Research Forum, an independent nonprofit group focused on improving police tactics, said that “from an economic stimulus standpoint, if you can use new police to stabilize a neighborhood, consolidate crime-reduction gains, then you can have a considerable impact on the local economy.”

Pot Prosecutions Fall 21% in 2008

Adults in the Mile High City may be getting high as often as ever, but they're less likely to be arrested for possessing pot these days.

Prosecutions for marijuana possession fell 21 percent in Denver last year, the first full year after voters approved a measure calling on police to put a low priority on pot arrests.

In 2007, there were 2,105 arrests of adults for possessing less than an ounce of marijuana in Denver, according to statistics from the city attorney's office. In 2008, arrests fell to 1,658, the lowest since 2005.

Fifty-seven percent of Denver voters approved Question 100, creating an ordinance designating adult marijuana possession as the city's "lowest law enforcement priority."

Rocky Mountain News

White House Reaffirms Intent To End Marijuana Raids

Drug Enforcement Administration agents this week raided four medical marijuana shops in California, contrary to President Obama's campaign promises to stop the raids.

The White House said it expects those kinds of raids to end once Mr. Obama nominates someone to take charge of DEA, which is still run by Bush administration holdovers.

“The president believes that federal resources should not be used to circumvent state laws, and as he continues to appoint senior leadership to fill out the ranks of the federal government, he expects them to review their policies with that in mind," White House spokesman Nick Shapiro said.

Medical use of marijuana is legal under the law in California and a dozen other states, but the federal government under President Bush, bolstered by a 2005 Supreme Court ruling, argued that federal interests trumped state law.

Dogged by marijuana advocates throughout the campaign, Mr. Obama repeatedly said he was opposed to using the federal government to raid medical marijuana shops, particularly because it was an infringement on states' decisions.

The Washington Times

Prison For Sale

Face The State

In response to Gov. Bill Ritter's request that all state departments and agencies propose 10 percent cuts to their budgets for the coming fiscal year, the Department of Corrections is proposing the closure and sale of a minimum security prison in Rifle.

Rifle Correctional CenterState of Colo.

As part of its proposed $51.2 million in reductions, DOC officials are proposing decommissioning the Rifle Correctional Center, with the ultimate goal of selling it to a private buyer. Officials estimate the sale of the prison could generate about $7.7 million. The legislature is currently considering the proposal, but has not yet approved it. The problem, however, is that there is no prospective buyer for the property and real estate in Rifle is not immune from the nationwide real estate slump.

Capitol insiders had recently speculated that Shell Oil might be interested in purchasing the prison and converting into employee housing. According to James Thurman, Shell's government affairs manager, the company has no such plans. "There is no truth to that rumor," he said. "We have no interest in buying that prison for any reason."

Evan Dreyer, Ritter's spokesperson, said he is unaware of a potential buyer for the property, but that it was still early in the process.

The proposal to close and sell the prison requires a nod from the General Assembly and is currently being considered by the Joint Budget Committee. Despite not having approval for the sale from the legislature and the lack of interested buyers, the DOC is still making plans to transfer Rifle inmates and staff to other facilities around the state. By closing the facility, the DOC can reduce operating costs by an estimated $606,021 each year, while also gaining revenue from the sale.

Colorado 8th In Methamphetamine Use

Do you think we could start funding treatment now?
The Denver Post

Colorado ranks eighth in the nation in per capita methamphetamine use, costing the state roughly $1.4 billion a year, said Attorney General John Suthers today.

A new national study of the social costs associated with methamphetamine, calculates that meth abuse nationwide costs the country $23.4 billion a year, or roughly $73,700 per user.

Costs include treatment and hospitalization of abusers, social programs caring for their children and families, law enforcement and finally the lost productivity caused by the drug, which is relatively cheap, highly addictive and long-lasting, sometimes producing a high for 24 hours.

"Abuse of methamphetamine brings a whole host of problems with it, particularly crimes such as burglaries and

2009 January DOC Population Reports

Population report

CCJRC 2009 Legislative Agenda

CCJRC Legislative Agenda

The following is a summary of the bills introduced in the 2009 legislative session that CCJRC has taken a position on. It is not a comprehensive list of all the criminal justice related legislation that has been introduced. For more information about the bills, you can go to the legislative website at www.leg.state.co.us

On the CCJRC website, we have a tutorial that shows you how to use the legislative website to read the full text of the bill introduce, track a bill through the process, and how to find out when a bill has been calendared for a vote. Go to http://www.ccjrc.org/legislative-info.shtml

As you can see, this is going to be a busy legislative session and we will send out action alerts as needed.

PRIORITY BILLS:

HB 1075: Concerning Expansion of Criminal History Employment Disqualifications for Employees of the Department of Human Services

Sponsor: Representative Middleton

CCJRC Position: OPPOSE/NEUTRAL

(On 1/26/09, HB 1075 was significantly amended to remove the expansion of employment disqualification due to criminal convictions; current employment disqualifications would only apply to positions with direct client contact of vulnerable persons. Consequently, CCJRC’s position is now NEUTRAL.)

HB 1238: Concerning Civil Forfeiture

Sponsors: Representative Rice and Senator Shaffer

CCJRC Position: OPPOSE

SB 135: Concerning Information Collection Regarding Parole Decisions

Sponsors: Senator Penry

CCJRC Position: SUPPORT

HB 1251: Concerning the Disclosure of Criminal Justice Records

Sponsors: Representatives Kefalas and McCann

CCJRC Position: SUPPORT

SB 79: Concerning Improving the Well-Being of Children In the Foster Care System by Improving the Ability of Birth Siblings to Maintain Long-Term Connections

Sponsors: Senator Newell and Representatives Acree and Kefalas

CCJRC Position: SUPPORT

Legislation from the Commission on Criminal & Juvenile Justice (CCJJ)

HB 1044: Concerning Expungement of Records Relating to a Criminal Matter For Which a Juvnile is Sentenced as a Juvenile after Being Charged by the Direct Filing of Charges in District Court.

Sponsors: Representative Roberts and Senator Morse

CCJRC Position: SUPPORT

HB 1122: Concerning Increasing the Age of Persons Eligible for Sentencing to the Youthful Offender System

Sponsors: Representative Roberts and Senator Morse

CCJRC Position: SUPPORT

HB 1262: Concerning the Issuance of a Summons Instead of an Arrest Warrant in Certain Circumstances

Sponsors: Representative Casso and Senator Morse

CCJRC Position: SUPPORT

HB 1263: Concerning Time Computation While An Inmate Is Incarcerated In A County Jail.

Sponsors: Representative Casso and Senator Carroll

CCJRC Position: SUPPORT

HB 1264: Concerning the Costs Associated With College-Level Academic Programs for State Inmates

Sponsors: Representative Benefield and Senator Hudak

CCJRC Position: SUPPORT

HB 1266: Concerning the Repeal of the Loss of Driving Privileges As A Penalty For Certain Crimes

Sponsors: Representative McCann and Senator Carroll

CCJRC Position: SUPPORT

Legislation from the Legislative Oversight Committee for the Continuing Examination of the Treatment of Persons with Mental Illness who are Involved in the Criminal and Juvenile Justice Systems

HB 1021: Concerning the Extension of the Study of the Treatment of Persons with Mental Illness Who Are Involved in the Criminal and Juvenile Justice Systems (to 2015).

Sponsors: Representative Solano and Senator Boyd

CCJRC Position: SUPPORT

HB 1022: Concerning Assistance to Counties to Implement Recidivism Reduction Programs For the Mentally Ill

Sponsors: Representative Solano and Senator Boyd
CCJRC Position: SUPPORT

SB 6: Concerning Creation of an Identification Processing Unit for Detention Facilities

Sponsors: Senators Boyd and Representative Solano

CCJRC Position: MONITOR

SB 19: Concerning the Establishment of a Pilot Program To Fund Grants to Local Governments To Facilitate Changes in Land Development Regulations to Accommodate The Housing Needs of Persons With Mental Illness Who Are Involved in the Criminal Justice System

Sponsors: Senator Boyd and Representative Solano

CCJRC Position: MONITOR

Legislation from the Dept of Corrections

SB 34: Concerning the Security Level Designation For the Centennial Correctional Facility

Sponsors: Senator Kester and Representative Todd

CCJRC Position: MONITOR

HB 1011: Concerning the Authority of the State to Enter Into Lease-Purchase Agreements for Office of the Department of Corrections in El Paso County

Sponsors: Representative B. Gardner and Senator Morse

CCJRC POSITION: OPPOSE

(On February 3, 2009, this bill was killed in the House Committee on State, Veterans, and Military Affairs)

More Medical Marijuana Raids In California

More Medical Marijuana Raids in California

Sick patients who use medical marijuana in states like California are in grave danger from these wasteful abuses of federal power. You can do something to help -- go to http://actioncenter.drugpolicy.org and call the White House.

While on the campaign trail, President Obama promised to end medical marijuana raids in places like California where the right to use marijuana on a doctor's recommendation is protected.

And now, the DEA has raided not one, but *at least four* medical marijuana dispensaries in California. Either those were hollow promises or President Obama's Department of Justice is not respecting his stated positions.

Last week, thousands of DPA supporters like you faxed the White House imploring President Obama to end these raids. He has yet to respond -- so now is the time to take the next step.

By taking just a few moments to call the White House now and urge President Obama to honor his campaign promise to end these raids, you can protect sick and dying patients. There are detailed instructions on the website.

DPA is already working behind the scenes with our allies in Congress to pressure the new administration to stand up for justice. Together, we can ensure the safety of patients across the country, but only if you take action.

We'll be sure to keep you posted as the situation continues to develop.

New Report Affirms Higher Ed Reduces Recidivism

Download a copy of the Report here

NEW CORRECTIONAL ASSOCIATION REPORT AFFIRMS BENEFITS OF IN-PRISON COLLEGE PROGRAMS, CALLS FOR RENEWED FUNDING

Inmates that participate in post-secondary education programs have a lower recidivism rate than incarcerated comparison groups, several studies show.

For Immediate Release January 30, 2009

Contact: Robert Gangi
Executive Director
212-254-5700, ext. 305
917-327-7648

New York, New York: The Correctional Association of New York, the state’s oldest criminal justice organization, released today, Education from the Inside, Out, a report examining the multiple benefits of in-prison college programs. In addition to conversations with formerly incarcerated people and program practitioners, the paper includes a survey of statistically-based studies supporting the significance of post-secondary correctional education in reducing recidivism and improving prison management.

The report recounts the recent history of federal and state cuts that have virtually eliminated in-prison college programs in New York and across the country:

• Since 1994, due to a provision in legislation signed into law by then President Bill Clinton, the nation’s inmates have been denied access to federal Pell Grants – small grants for low-income people to help pay for college. This act essentially cut off public support from Washington for college programs in prison. In 1995, under the leadership of then Governor George Pataki, New York banned inmates from receiving the State’s Tuition Assistance Program grants, effectively shutting down nearly all New York’s 70 in-prison college programs. Currently only eight programs in 16 facilities offer higher education courses to New York inmates.

Education from the Inside, Out presents strong evidence that in-prison college programs have a significant and direct impact on the rate at which people return to prison. Among other research, the report includes the results of a New York State Department of Correctional Services study:

Prison Guard Tobacco Smuggler Sentenced

Rocky Mountain News

A former Jefferson County federal prison guard was sentenced Tuesday to a year in prison after pleading guilty to taking bribes to smuggle loose tobacco and rolling papers to inmates.

James D. Caban, 48, of Northglenn, was sentenced to a year and one day in prison for accepting more than $5,000 of bribes during the scheme at the Federal Correctional Institute in unincorporated Jefferson County.

Upon release from prison, Caban must serve three years of supervised probation.

What Is The Sequence Of Events In The CJ System

This is a great flowchart for those who are looking for an understanding of how the criminal justice system works..

OJP

Support For Legalization Grows

Drug War Chronicle

A new CBS/NYT poll finds that 41% of Americans agree that marijuana use should be legalized. While legalization still fails to garner majority support, it’s clear that we’re headed in the right direction. Notice that only 27% supported legalization in 1979:

LEGALIZING MARIJUANA
Like 30 years ago, a majority of Americans do not think the use of marijuana should be made legal, but the percentage that thinks it should be has grown. Now, 41% of Americans support legalizing marijuana use, compared to just 27% who felt that way in 1979.

SHOULD MARIJUANA USE BE LEGALIZED?

CBS/NYT CBS/NYT
Now /1979
Yes 41% 27%
No  52% 69%

There is a huge generation gap on this issue. More adults under 45 (49%) approve of legalizing marijuana use than oppose (45%), while just 31% of adults over age 45 approve of it; six in 10 are opposed.  

The generation gap is particularly encouraging, confirming a popular theory among reformers that if we simply wait not-so-patiently, we’ll eventually win when our opposition literally drops dead.

These numbers reveal that we’re well within striking distance of achieving majority support for legalization. Moreover, we’re comfortably within the range in which meaningful reform to our marijuana laws will produce significant and vocal approval from the public. If there was ever a time when our political climate was fatally non-receptive to this idea, we have moved beyond that.

Keep in mind that the 41% result was arrived at without any particular political context. That’s just the number of people who generally walk around believing that marijuana should be legal. It’s possible to build that number significantly when the question is framed around an actual policy proposal, such as in Massachusetts where 65% of voters supported decriminalization. Because our arguments are strong, we benefit from the debate.

Legalization initiatives were unsuccessful in Nevada and Colorado in 2004, but I’d like to think that in the current change-focused political climate, it’s quite possible that similar measures would be victorious. For one thing, the departure of drug czar John Walters means we’re unlikely to face the same vicious opposition we’ve become accustomed to, as I simply do not envision Obama’s White House undertaking a regional propaganda scare-tour the next time we try something big.

Bill Would Kill Death Penalty

Rocky Mountain News

Monique LaSuer, a late-night hotel auditor in Colorado Springs, was beaten and strangled to death in 2000. Her killer was never found.

But if a Democratic bill is successful, the investigation into her murder could gain new life.

The bill, introduced in the state House of Representatives on Monday, would abolish the state's death penalty and direct an estimated $4 million in savings to cold-case investigations.

"I just wish the representatives knew that these murderers are out there living in their neighborhoods," said Gail LaSuer, Monique's mother. "Killing one person on death row is nothing if all these other killers are out there."

Parolee Cites Experience In City Council Run

Colorado Springs Gazette
A parolee running for Colorado Springs City Council believes he has what voters want in a public official: a long criminal record he’s put behind him.

Conrad Czajkowski is running to represent council District 3, which covers a southwestern section of the city. He said in a biographical information form on file with the City Clerk’s Office he expects to be off parole in April. He said he is “already a ‘criminal’ who has been caught,” and has “enough experience based on that fact.”

The facts Czajkowski notes about his criminal history appear to comply with records maintained by the Colorado Department of Corrections. State prison records show Czajkowski is on parole and could be discharged April 28. That’s 21 days after the April 7 election.

Czajkowski didn’t reply to a call seeking comment Friday.

Department of Corrections records show Czajkowski is on parole for three crimes:

• In 2006, he pleaded guilty to a computer crime after he was arrested on suspicion of several theft- and forgery-related crimes. He was sentenced to a year in prison and ordered to pay $6,066 restitution.

• In 2004, he was arrested on suspicion of menacing and carrying an illegal concealed weapon, and he pleaded guilty to a felony menacing charge. He was sentenced to three years in prison.

• In 2001, police arrested him on suspicion of a range of charges related to illegal drug possession and driving under the influence, and he pleaded guilty to a felony drug-possession charge. He was sentenced to three years in prison.

But Czajkowski’s history with the law extends far beyond the sentence he’s now serving. A search of Colorado court records found he’s had many run-ins with authorities on suspicion of other charges including domestic violence and burglary.

None of Czajkowski’s criminal history disqualifies him from being a city councilman. The City Charter says a council member will be kicked out of office for being convicted of a felony crime, but it is silent about crimes committed before taking office.

Czajkowski ran unsuccessfully for City Council in 1999.

Police Brutality In Spotlight

Rocky Mountain News

These are the stories that make headlines:

* A video shows a Denver police officer slamming the face of a handcuffed bicyclist into the pavement.

* A cell phone captures another Denver police officer shoving a woman backwards, breaking her wrist.

* Another officer is accused of jumping up and down on the back of a 16-year-old as he lay in an alley, begging for his life.

In the last year, two Denver police officers have been charged with assault, stemming from accusations of on-duty brutality.

Today, the city is expected to shell out $10,000 to Trudy Trout, who was shoved to the ground after celebrating a friend's 50th birthday at a comedy club a year ago. Her attorney says officers lied about the incident in reports.

Although it's easy to identify a handful of high-profile use-of-force incidents, determining whether that translates to widespread brutality is far more difficult. In fact, complaints of "unnecessary force" were down 13.6 percent in Denver last year.

Andrew Reid, a civil rights lawyer in Denver, said allegations of brutality are the result of failures in training and supervision and a culture that rewards police officers with medals of valor when they are involved in fatal shootings.

"They have, in my opinion, a number of felons on the police force. They know it, and they refuse to address it," he said.

Chief Gerry Whitman said it's important to remember that there are "a lot of details to these situations" that are not made public, either because of personnel issues or because of an active investigation.

Prisons In Kansas-Parole Programs May Be Spared

Kansas City

The Wichita Eagle

State prison officials last week were dealing with $9.3 million in looming budget cuts by making plans to close two major prisons and stop supervising 5,800 parolees.

Those officials will return to work this week with a less daunting task -- trimming a more manageable $2.7 million from the Kansas Department of Corrections budget.

Corrections spokesman Bill Miskell said it appears that the prisons in Norton and Winfield will survive, as will the state parole system.

"We are still working on final decision, but we are hopeful at this point that we can meet a $2.7 million reduction without closing a major facility, and retaining the bulk of parole and post-release supervision" operations, he said.

The Kansas Legislature has been debating a bill that will determine how the state will deal with its budget deficit. Corrections accounts for about 2 percent of the state budget, Miskell said.

A plan approved Friday by a House committee would require corrections officials to cut 1 percent from their current operating budget -- less than the 3.4 percent that was specified in an earlier version of the bill.

After that 3.4 percent figure emerged early last week, corrections officials warned employees that the proposed cuts could force the department to close prisons in Winfield and Norton and shut down the state's parole system. About a fourth of state parolees are supervised by the Wichita parole office.

Riot At West Texas Private Prison

The Chronicle

PECOS, Texas — Law-enforcement authorities worked Sunday to restore order at a privately run federal prison in West Texas, where a riot broke out a day earlier.

Texas Department of Public Safety spokeswoman Tela Mange said inmates were in the prison yard at one of the units that make up the Reeves County Detention Center.

The riot is the second in less than two months at the facility, which includes three units. The first was at the prison's No. 3 unit. Saturday's disturbance was at the center where units No. 1 and No. 2 are housed.

Officers from various agencies, including the DPS, remained on the scene Sunday

Officials at the prison could not be reached for comment. Calls to the GEO Group, which runs the lockup, were not immediately returned.

Matt Guerra, who works at Unit No. 3, said Saturday night that he could see smoke coming from the area of the riot.

In December, rioting inmates at the federal prison facility about 430 miles west of Dallas sought better medical treatment. Officials said there were minor injuries.

The GEO Group, based in Boca Raton, Fla., has run the lockup through contracts with Reeves County and the Federal Bureau of Prisons since 2003. The prison holds more than 2,400 inmates.