After yesterday’s Board of Corrections meeting, interim director Joe Allbaugh and board chair Kevin Gross released a letter stating the situation at prisons is “dangerous” and “dire” because of budget cuts.  Way to go, Joe!  At least this director is allowed to speak the truth.  The system has been broken for a long time and nobody at the capitol seems to pay attention.

Mr. Allbaugh is correct.  There will be a tipping point and the danger increases as the population grows.  It would be good for Mr. Allbaugh to make progress during his short honeymoon with the legislature and the governor.  Experience shows they will tire of his persistent reminders of a beast which will not be satiated.

Allbaugh’s public comments seem to be on target.  He has actually visited prisons and talked to staff.  He has assessed the needs, but he states publicly that it’s not his job to look at sentencing practices.  Perhaps he has been instructed to say that, but the problems in corrections are directly related to overpopulation.  Mr. Allbaugh’s problems and the resultant danger will not be resolved without restraint of those who cause prison growth.

The truth is that DOC has been covering the checks written by prosecutors for decades.  Here is how it works, kids.  Prosecutors have unbridled discretion to write their own policy regarding plea negotiations.  Less than 5% of cases go to trial.  The rest are plea-bargained.   Many, if not most judges are former prosecutors.  Judges almost always accept the recommendation of the prosecutor.

Prosecutors control whether charges are filed, what charges are filed and the sentence recommended.  I’ve heard prosecutors say that the prison budget is not their problem.  Of course it isn’t.  Nobody has made it their problem.  DOC continues to cover the cost of fulfilling their “tough on crime” campaign promises.  Of course, there are examples of prosecutors making efforts to use prison beds responsibly, but there is no systemic mandate to do so.

This is not a criticism of prosecutors for doing what is in their best interest.  It’s an adversarial system.  Nobody is advocating that they be reigned in.  The system doesn’t currently hold prosecutors accountable and they haven’t been restrained from using prison beds indiscriminately.  Prosecutors have been effective at blackballing legislation which would set limits on them or reduce sentences allowed on minor crimes.  Consequently, the need for prison beds grows.  This old Okie believes that Mr. Allbaugh’s headaches will continue until the folks at the Capitol wake up and tell prosecutors that DOC will no longer cover their checks.