Area judge studies costs of criminals in Missouri

BENTON, Mo. -- A local judge was among those tapped for ideas on saving the state money on prison costs while continuing to keep the public safe.

David A. Dolan, circuit judge for the 33rd Judicial Court, was one of four judicial branch appointees chosen for the Missouri Working Group on Sentencing and Corrections.

"It was primarily a budget study," Dolan said. "Missouri's budget for corrections has increased over the last few years -- it is one of the biggest items in the state budget. Part of this study was to see how we could try and rein in that number, try to get a better handle on the corrections budget."

The group, which met about a half dozen times since the summer culminating in them producing a consensus report released last week, was organized as part of the Pew Center on the State's Public Safety Performance Project.

"They assist states in research and trying to find answers to problems," Dolan said. "What we did was examine some of the other states that have experienced the same problems -- particularly neighboring states that might have similar Midwest values -- and look at some of the evidence-based solutions they put in place to address them."

The study found the number of people in Missouri prisons is going up even though the number of violent crimes committed is down.

"We found that judges aren't sending people to prison the first time they appear in court on property cases and drug cases and other nonviolent felony offenses," Dolan said. "Most of the people going into the Department of Corrections today are people who are either revoked from probation or revoked from parole."

In addition to identifying problems, the group also worked to come up with possible solutions.

One idea offered in the consensus report is to provide probation officers with additional powers to help keep those on probation on the straight-and-narrow.

"We have good probation officers," Dolan said. "We looked at what we can do as a system to assist those officers in getting their people to follow the rules."

For example, state legislatures could give probation officers the ability to impose "immediate sanctions," he said, allowing them to send probation violators to jail for 48 hours up to 15 days rather than sending violators to the court system for a judge to do the same thing but after significantly more time has passed.

To keep probation violators from being a financial burden on counties compelled to board them in their jails, this solution would also need the DOC to budget reimbursements to counties at a suggested rate of $30 per day for each violator held.

Another suggestions is for judges to send those who repeatedly commit technical violations of their probation, as opposed to committing new crimes, to 120-day treatment programs or shock incarcerations rather than sending them to prison.

There were also suggestions in the consensus report to try some carrots in addition to sticks, according to Dolan.

"We found that maybe an incentive to do well on probation is to shorten their time on probation due to good time credit," he said.

For every day of good behavior during their probation, for example, the duration of probation could be shortened by one day.

"We found that during the first few years of probation is the best chance you have to get somebody to change their lifestyle, change their habits," Dolan said.

Noting that many end up with longer probation periods due to being unable to pay off restitution orders, another suggestion in the report is to change state law so restitution orders can continue past probation periods.

"Restitution for victims is a primary concern -- it is important that victims be made whole in the cases," Dolan said. "The study emphasizes using evidence-based practices to achieve results and improve the lives of Missourians. The suggestions are not a position of being soft on crime, but being smart on crime: hold offenders accountable by strengthening communitybased supervision, sanctions and services. Let's rehabilitate those offenders that can be rehabilitated, make victims whole, protect public safety and save our prison beds for violent criminals and those who can't be rehabilitated."

The next step will have to be taken by the legislature.

"Pew is going to assist those folks in drafting legislation that will mirror our report," Dolan said.

In addition to the judicial branch appointments, the Missouri Working Group on Sentencing and Corrections also included three state senators, four members of the state House and four appointments by the executive branch: George Lombardi, director of the DOC, Cat Kelly, director of the state public defender's office, Ellis McSwain, who chairs the DOC's Division of Probation and Parole, and Page Bellamy from the Attorney General's office.

As the group has representatives from all sides of the legal system, the hope is legislation will be "easier to pass, easier to accept," Dolan said. "It was really a neat group of people to work with."

Pertinent address:

Benton, Mo.