Read on Twitter
1. Thinking today abt what a Fed Second Step Act should be, think it should def include this:
Billions in aid, earmarked solely for pub health/housing (mental health, drugs, family counseling, housing subsidies), given to COUNTIES whose DAs agree to not charge low-level crimes.
Billions in aid, earmarked solely for pub health/housing (mental health, drugs, family counseling, housing subsidies), given to COUNTIES whose DAs agree to not charge low-level crimes.
2. The challenge that ppl like Rachael Rollins in Boston face, in trying to push issues of homelessness and poverty back onto the civil side, is a first-mover problem: what if the civil side doesn’t change, and the public blames HER?
https://theappeal.org/bostons-new-da-pushes-back-against-the-punishment-centric-point-of-view-of-prosecutors/
https://theappeal.org/bostons-new-da-pushes-back-against-the-punishment-centric-point-of-view-of-prosecutors/
3. But if the public health/housing sector suddenly saw an infusion of cash so long as the prosecutor didn’t start charging lower-level crimes of poverty and homelessness, maybe it would have a strong incentive to step up.
This is a broader pt about any Second Step Act:
This is a broader pt about any Second Step Act:
4. The Feds can’t do much, and their financial options are limited: the states and counties already spend SO MUCH on prisons/jails/police that Fed grants are always just a rounding error.
http://www.hastingslawjournal.org/wp-content/uploads/Pfaff-66.6.pdf
http://www.hastingslawjournal.org/wp-content/uploads/Pfaff-66.6.pdf
5. So the Feds have to be innovative: target the money at specific things the states can’t or won’t spend money on, or take broad symbolic actions aimed at really stirring the debate in uncomfortable ways.
6. So direct money to public defenders, who states systematically under-fund.
Use grants, say, to specifically build out pub def data infrastructure, so they can track the DAs who refuse to share data: https://theappeal.org/why-public-defenders-matter-more-than-ever-in-a-time-of-reform-9b018e2184fe/
Use grants, say, to specifically build out pub def data infrastructure, so they can track the DAs who refuse to share data: https://theappeal.org/why-public-defenders-matter-more-than-ever-in-a-time-of-reform-9b018e2184fe/
7. Or use grants to force counties that do no have formal public defender offices (which is many) to establish them. Pub defs, vs. contract attorneys, may provide better services (data is mixed), but they are certainly better positions to play an adversarial POLICY role.
8. Another thing a Second Step Act could do is target public-sector prison guard union power. About 2/3 of prison spending—about $30 BILLION—goes to public sector wages. That’s a STRONG incentive to fight reform, on the public (not private) side.
9. So perhaps the Feds could offer grants to provide retraining, or tax cuts/subsidies/incentives to bring in new businesses to prison towns, to soften resistance.
NYS did it w seeming success: https://www.vox.com/the-big-idea/2017/9/26/16363230/mass-incarceration-cory-booker-reverse-bill
NYS did it w seeming success: https://www.vox.com/the-big-idea/2017/9/26/16363230/mass-incarceration-cory-booker-reverse-bill
10. Or go further still.
What if Congress offered, say, COPS funding to expand police departments to states that cut the statutory max for MURDER, or adopted rigorous parole expansion ESPECIALLY for homicide and other serious violent crimes?
What if Congress offered, say, COPS funding to expand police departments to states that cut the statutory max for MURDER, or adopted rigorous parole expansion ESPECIALLY for homicide and other serious violent crimes?
11. Almost everyone in prison for a long period of time is in for serious violence, and a majority of long-servers are in just for homicide ( https://twitter.com/JohnFPfaff/status/888050889143005184).
From a public safety perspective, there is little to no gain from such severity: https://cumberlink.com/news/local/closer_look/aging-into-crime-pennsylvania-deals-with-aging-prison-population/article_3284ba88-8066-595c-a922-73b4327338f1.html
From a public safety perspective, there is little to no gain from such severity: https://cumberlink.com/news/local/closer_look/aging-into-crime-pennsylvania-deals-with-aging-prison-population/article_3284ba88-8066-595c-a922-73b4327338f1.html
12. The use of police grants would allow Congress to address public safety concerns while making the point that what matters is certainty, not severity.
The actual impact may be slight, but the debate? It would put the issue on the front pages of every paper.
The actual impact may be slight, but the debate? It would put the issue on the front pages of every paper.
13. Sure, some of these might be pipe-dreams, but there’s stuff in here for both sides of the aisle: more police and anti-union for the Republicans, public defense and public health for the Democrats.
14. Anyway, a Fed Second Step Act that focuses on the Fed system (again) will be disappointing.
A real Second Step Act will have to not just focus on the states, but unlike the First Step, think about radical innovations (which, yes, yes… not Congress’s strong suit).
/fin
A real Second Step Act will have to not just focus on the states, but unlike the First Step, think about radical innovations (which, yes, yes… not Congress’s strong suit).
/fin
15/14. And unlike many of my long threads, this one already is on its way to being written up as something formal, for a themed journal issue.
In fact, @CardozoLRev, can I just submit this? Anything more is going to be mostly filler and Bluebooking.
In fact, @CardozoLRev, can I just submit this? Anything more is going to be mostly filler and Bluebooking.
