Floyd McDowell writes ~
Charles Brittingham of the NAACP has asked me to be on his program to discuss our Coalition's Delaware Crime Prevention and Rehabilitation Act which will be introduced in our State Legislature by Senator Henry. Attached is an article that was submitted to the Delaware State News which gives an overview of the Act. A Delaware Voice article is supposed to be in tomorrow's News Journal authored by our Coalition Chairperson, Mrs. Heather Smith-Chandler of Dover.
NEEDED DELAWARE CRIME PREVENTION AND REHABILITATION ACT
By Mrs. Heather Smith-Chandler and Dr. Floyd E. McDowell, Sr.
This desperately needed, sensible program and cost effective Act will be introduced in our State Legislature by Senator Margaret Rose Henry. For citizens with internet access to become informed about this Act, visit the Justice Reform page on our nonprofit, nonpartisan deinformedvoters.org web site. Citizens without internet can receive a copy of the Act via postal mail by requesting this from either of the two authors of this article at the contact information given below. We urge citizens and their organizations to become competently informed and then become an active member of our Delaware Crime Prevention and Rehabilitation Coalition by contacting Mrs. Heather Smith-Chandler whose contact information is given at the end of this article.
The overall goal of this comprehensive Act is to help our State Correction Department and prison system return to their original purpose and responsibility which are expressed as follows in the Delaware Code: "To provide treatment, rehabilitation and restoration of offenders as useful, law-abiding citizens within the community." The Delaware Criminal Justice Council has been in existence for 25 years and their web site expresses the following as their reasons for being: "Dedicated to make positive changes throughout Delaware's criminal justice system. We continually strive for an effective criminal justice system which is fair, efficient and accountable." In the Act and in this article, we present factual program and cost information which shows those statements of purpose are about 180 degrees from the reality this Act will reverse. Correction Department Commissioner Carl Danberg is not at fault for this disgraceful system as he inherited it. But today is the first day of the rest of our lives and the Commissioner and all public and private officials, agencies, organizations and citizens should become informed about this Act's common sense provisions and support its enactment and implementation. Governor Markell has shown interest and action on improving our criminal justice system. This Act meets all the recommendations of private organizations trying to improve the system and meets all of the recommendations and pleas presented at the two Re-Entry Public Hearings conducted in New Castle County and attended by over 250 citizens. We sincerely request that anyone opposed to this Act send us in writing her/his reason or reasons for not supporting it.
Facts Supporting the Need for this Act
The Act contains the following information supporting the need for this program and cost effective comprehensive Act:
. Ninety seven percent of all incarcerated prisoners will eventually be released back into our communities;
. We have 7,200 incarcerated in our prisons which are over-crowded by approximately 500 prisoners;
. There is a planned prison expansion project on the agenda for 900 beds at a 2007 projected cost of $368 million and that 2009 cost is over $400 million or well over $400,000 per bed;
The annual incarceration cost per prisoner in 2008 was $33,000 and we're approaching $3,000 per month;
Our nation incarcerates over 5 times the prisoners of the average of all other nations and Delaware is among the states with the highest rate of incarceration. As the gates close behind each prisoner, they should emit a loud cash register sound for taxpayers and the prison/industrialist complex;
The rate of recidivism or return to prison is between 67% and 80% within three years after being released. This means additional crimes being committed in our communities and with additional costs including arrest, pretrial, trial and to victims and property;
. Approximately 80% of our state's offender population have a substance abuse problem and without proper treatment, 70% become repeat offenders;
. Approximately 25% of convicted offenders have a mental health need that requires treatment;
. Studies show that approximately 20% of released prisoners expect to go to homeless shelters;
. A startling statstic is that 85% of Delaware's youth in correctional facilities will go on to enter the adult criminal system; and
. A nationwide research study by the national Legal Action Council showed that Delaware is ranked 47th among the 50 states in prisoner re-entry efforts.
Act's Program and Cost Effective Reforms
The Act will provide the following program and cost effective changes in a coordinated, orchestrated manner:
. Abolishes all mandatory sentencing laws and returns sentencing discretion to our Judges who are ranked among the most competent in the nation. "One size fits all" is not good policy in criminal justice, public schooling or any civic/political issue area;
. Eliminates all fines that follow released prisoners as economic survival is their key challenge and fines are a barrier to rehabilitation;
. Establishes certification standards and staff qualifications for the comprehensive county-based Rehabilitation Centers who will provide or obtain needed services and programs in the community. These requirements will be developed by the State Department of Health and Social Services who will supervise these Centers. All grant proposals that are state funded or approved will have to meet these standards;
. Provides all prisoners to be released (97%) with an individualized comprehensive treatment/rehabilitation plan and program;
. The Act expands the current Drug Courts into broader Rehabilitation Courts and our Drug Treatment Centers into county-based Rehabilitation Centers;
. As in the very successful but more limited similar California Act, the Delaware Act requires that all non-violent drug offenders be treated as a health problem and not be incarcerated but placed on probation and provided a court-ordered drug treatment and other individualized rehabilitation programming in a Rehabilitation Center. The research-proven results in California include serving these non-violent offenders at 10% of the cost of incarceration and reducing the prison population to where a womens' prison was closed and a new mens' prison was eliminated from the planning board.
. As in the California Act, establishes a Research Office at the University of Delaware to continuously accomplish statewide program and cost effective research on all aspects of the Act's reform provisions. This office will also have a grant writing staff;
. Provides an array of treatment and rehabilitation components in both prisons and the Rehabilitation Centers that will include the following: all needed drug treatment, physical and mental health services, education, job counseling, training and placement, family connections and counseling, mentoring and transitional support for up to a year for those who need housing and other economic support; all at a much lower cost that the near $3,000 cost per month for incarceration;
. Act enables non-violent offenders, as does the California Act, to petition the court to expunge their records after successfully completing their court-ordered treatment/rehabilitation program;
. Act provides the same rehabilitation opportunity for released prisoners to petition the court to have their records expunged if for 3 years after release they can prove they're useful, law-abiding citizens. After they've paid their dues and then proven they're rehabilitated and restored as useful, law-abiding citizens, credible rehabilitation belief supports removing the yokes they now wear around their necks.
Even in our state's dire economic straits, we still have funds and grants available to start up what this Act proposes for both prisons and county-based Rehabilitation Centers if our elected political representatives want a program and cost effective criminal justice system. If they don't bother to become informed or represent special interests benefitting status quo, then they have no right to be in positions that waste taxpayers funds and continues an unjust and inhuman public system. One important grant source is the federal Second Chance Act of 2007: Community Safety Through Recidivism Prevention which includes grant funds for every treatment and rehabilitation component covered in our Act. This valuable federal Act was developed and enacted under the leadership of former Senator Joseph Biden, Jr.
Mrs. Heather Smith-Chandler of Dover is Chairperson, Delaware Crime Prevention and Rehabilitation Coalition. She can be reached at HmsChandler@yahoo.com and (302)
420-8738. Dr. Floyd McDowell, Sr.of Bear is Overall Facilitator, Delaware Unified Civic/Political Association. He can be contacted at flydmcdwll@comcast.net and (302) 832-2799.