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DONNA LEONE HAMM DONNA LEONE HAMMmiddlegroundprisonreform@msn.com
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From: DONNA LEONE HAMM (middlegroundprisonreform@msn.com)
Sent: Thu 1/05/12 10:09 AM
To: DONNA LEONE HAMM (middlegroundprisonreform@msn.com)
News Release
Contact: Donna Leone Hamm
(480) 966-8116
This morning, Bill Montgomerly, Maricopa County Attorney, is releasing the contents of a study which was commissioned by the Arizona Prosecuting Attorneys Advisory Council. They hired former Department of Corrections analyst, Daryl Fisher, who was roundly criticized for a previous 2010 study he was paid to write for the APAAC.
Montgomerly will announce that as a result of a reduction in the number of prisoners, Fisher concluded that "the prison population has become more violent." Montgomery believes that this should end the debate about sentencing reform.
Not so fast, say prisoner reformers at Middle Ground Prison Reform.
An overall drop in the prison population, as reported in Fisher's study, from a high of 40,778 in 2009 to 40,027 in November 2011 -- which is an actual drop of 751 prisoners, or 1.8% -- does not mean that the prison population is "more violent."
Without having read the entire 438-page report, but taking into account the statements Montgomery has made (see Arizona Capital Times, January 5, 2012), several flaws are apparent. It is a serious flaw not to take into account the crime categories and length of sentences for the 751-person population reduction because we don't know how much of that drop is attributible to the release of violent offenders who may have reached the end of their sentences or were paroled. To the extent that the reduction in the prison population -- amounting to only 1.8% --is the product of the release of any violent offenders, it is irrational to state that the reduction results in a remaining prison population that is "more violent."
According to Montgomery, because non-volent offenders are being incarcerated at a lower rate, the result is that the remaining population is more violent. However, at least in the Executive Summary of Montgomery's report, he fails to inform us of the rates of incarceration for violent offenders for the same period of time as for the drop in illegal immigrants being arrested, the drop in auto thefts, etc. By the way, as noted in Montgomery's report, there was a drop of 23 percent in ALL reported crime from 2006 - 2010. That no doubt includes a drop in violent crime.
Given precisely the same information in the study, it would be equally legitimate to conclude that the prison population consists of a higher proportion of repetitive offenders, rather than a higher proportin of violent offenders. This is significant because of police practices and prosecutorial policies which serve to manipulate the category of repeat offenders and artificially reduce the numbers of offenders who can fit into the "first-time" offender category. This occurs, for example, as a result of police practices involving sending an undercover cop multiple times to the same location on several different days to purchase drugs before an arrest is actually made. This results in allowing prosecutors to file multiple counts and obtain multiple convictions, thus excluding the defendant from the category of "first-time" offender.
It is obvious to any objective reader that the study is a product of a desire to achieve a particular pre-determined outcome; namely, appearing to provide scientific support for the prosecutors association's inherent bias and resistance to making changes in Arizona's criminal code. Last year at the Arizona legislature, APAAC strongly opposed even the formation of a study commission, with no binding authority, to investigate and report on what other states might be doing to be smarter on crime.
Middle Ground Prison Reform will be interested to read and analyze the entire report whether or not the flaws noted above, or others that will become apparent upon review, in fact exist. Even at this preliminary state, it is clear that the conclusions drawn from this study are not supported to one extent or another by the evidence cited in the executive summary.
In short, given the self-serving nature of the report, no one can be surprised at its conclusions. What's next -- having Joe Arpaio commission a study of civil rights practices in his own jail?
Donna Leone (Hamm)
Criminal Justice Consultant
Executive Director - Middle Ground Prison Reform
See: www.middlegroundprisonreform.org
MIDDLE GROUND HAS BEEN ARIZONA'S PREMIER CHAMPION OF THE RIGHTS OF THE INCARCERATED SINCE 1983