When Brute Force Fails: How To Have Less Crime And Punishment

The title of this post is also the title of a book by Mark Kleiman. More threats and less force may be the answer. A study done in High Point, North Carolina points out you can reduce crime by making credible threats, without having to lock up so many people.

To deter, a punishment must be swift,certain and severe. Of these. severity matters the least, according to Mr. Kleiman. There is a trade off when you apply severity, there are more legal safeguards that are required when severity is imposed. The costs of severity skyrocket and can cost into the millions as in the case of capital punishment for example.

Turns out that milder sanctions can be swifter and more certain with a lot less legal effort. In Hawaii, until recently, felons ignored the terms of their probation because the only punishment available was getting sent back to prison typically for five to ten years. Courts and probation officers were swamped to handle the necessary paperwork along with all the legal challenges to such harsh penalties. Violators typically got off free. Probationers thought they could misbehave with impunity. This all ended when a Judge started handing out instant sentences of a week or so behind bars. This action made most of the probationers behave.

The numbers of people in jail in the United States has quadrupled since 1980 to 2.3 million people! Many of these people make the streets safer by their absence and exposure to the general public. However, there are some 500,000 people behind bars who are non-violent drug offenders.

Prisons and jails are expensive places to keep people locked away. It costs $85/day to keep people in the Canyon County Jail. A more non-macho way of dealing with these people would be to raise alcohol taxes, start school later in the day to deter after school crime. Force probationers to wear GPS tags making probation a tough (and cheaper) alternative to prison and jail. Along with the Sheriff's inmate labor detail, community service, work release and all manner of methods that do not involve locking people up.

Voters want vengeance and Politicians are more that willing to oblige. The real objective should be to cut crimes not to make criminals suffer. You can't do the same old thing in the same old way and expect a different result. It would seem reasonably simple to cut sentence times in half to thereby doubling our current jail space and make sentences swift, certain and shorter.

The current average sentence in Canyon County is 19 days. In 1996 the average was 9 days. Jails are not rehabilitation facilities their purpose is deterence and socital retribution. The notion we are locking people up and throwing the key at our county jail is nonsense as well.

Is it worth $72million to you to build a new jail to lock up more people for an average of 19 days? Vote on Tuesday and let your voice be heard.

Reader Poses Question About Jail Land And Engineering Reimbursement

THE GUARDIAN fielded a call from a reader that has some interesting implications. This reader has posed the question to the Commishes but no answer yet. The question asked was do the Canyon County Commissioners intend to reimburse the county general fund for all the money they have spent on jail land and engineering from the proceeds of the Jail Bond Election?

Put another way..are we taxpayers goning to get the opportunity to buy back land and engineering drawings we already own?

We have not heard from the Commishes on this issue regarding the jail bond election. Also inherent in this question is not only the land purchases at over $2 million there are engineering costs already paid for out of the county general fund for over $1 million. Is it the intent of the Commissioners to reimburse the county general fund all of the monies they have already spent. Or is it their intent to pillage the jail bond money to put cash back into the general fund with this bond election.

Commissioners have heretofore kept the voters out of jail expenses trying to do the project piecemeal until the economy hit the skids. Now they are asking us to retroactively approve their unauthorized expenditures with this bond election. No mea culpas on their part just write is a blank check for $46 million and we'll get'er done for ya.

We will post the answer should we get any information out of 1115 Albany on this question.

After Dubious Pullover Ticked Off Motorist Gets Jail Booking Numbers

THE GUARDIAN got the below Canyon County Jail Booking numbers from a ticked off motorist in Nampa who had just been recently pulled over. Copper said he was "weaving and didn't signal long enough when he changed lanes". This creates probable cause to pull over someone that will stand up in court. He was not cited by the patrol officer. (Perhaps a refresher in Driver's Ed. may be the answer for this guy.)

As curious citizen he filed an FOI records request and came up with some not so surprising facts--MOST people who are in jail are bad drivers and irresponsible, but NOT criminals.

He wanted you to share with you the top ten booking numbers when people get arrested in Canyon County. The numbers came directly from the Canyon County Sheriff's Office Annual Report.

Calendar 2007 Top 10 Booking Offenses

1. Driving Without Privileges 2819
2. Probation Violation (Misdemeanor) 2698
3. Ada County Hold 2016
4. Failure to Purchase Drivers Lic. 1913
5. DUI 1693
6. Poss. Controlled Substance 1330
7. Failure to Provide Insurance 1255
8. Poss. of Paraphernalia 1246
9. Failure to Appear (In Court) 1209
10. Immigration Hold 1137

Calendar 2008 Top 10 Booking Offenses

1. Driving Without Privileges 1975
2. Probation Violation (Misdemeanor) 1580
3. Failure to Purchase Drivers Lic. 1297
4. Failure to Provide Insurance 1016
5. Poss. Controlled Substance 903
6. Ada County Hold 798
7. Failure to Appear (In Court) 798
8. Probation Violation (Felony) 626
9. Petit Theft 589

We provide the above numbers without further comment as we head to the vote on the Jail Bond November 3rd.

Swirling Around The Drain

THE GUARDIAN is a full fledged member of the Baby Boomer Generation. Here we are in our 60's, the beginning of our time swirling around the drain of life and the one conclusion I have come to is most Boomers are going to probably outlive their money. No matter how much we saved and planned for this period in our lives Baby Boomers are going to have a rough go to the finish line with respect to financial matters.

401K's are in a state of disarray, the dollar is getting sicker by the day and everything costs more with each passing day. Boomers are entering the fixed income part of their collective lives. Add to this Politicos who have no regard or respect for where tax dollars come nor how to spend them wisely. Their collective waste and spend attitude toward not just older people but everyone in general is particularly irritating in the current down economy.

Hardly a day goes by we don't see another project perpetrated by elected officials of all stripes to further fleece the public of cash. Their "TEAM OF EXPERTS" are all front and center to tell us how good this new widget will be for all of us. The latest in boondoggles have to be the Boise Trolley Folly that won't go anywhere for a mere $50 million, the Nampa Urban Renewal Library and Police Station projects at $68 Million and finally Caldwell wanting to support an Oregon based community college project in downtown Caldwell at around $10 Million. The TVCC project in downtown will be land locked with no ability to expand the day it is built.

All of this stuff with no vote of the people!

I remember my Economics classes from college and the limits to growth are land, labor, capital (taxes for the Politicos) and natural resources. We're not just getting used, we're getting abused by our elected officials in this valley with no end in sight. Election day is next Tuesday, November 3, 2009. Let's try and make this a day our elected officials will remember. The Beast is out of control and we need to put it back in the cage with our votes.

Early Voting Places

THE GUARDIAN spoke with County Recorder William Hurst this past week about where to vote early in Caldwell and Nampa and here is the deal.

If you want to vote early in either Caldwell or Nampa you can vote at City Hall or at the County Elections Office at 11th Avenue and Chicago. Mr. Hurst said they will not turn away Caldwell and Nampa people if they want to vote early at the courthouse.

City residents in all the other cities in the county will have to use their local city clerk and city hall for early voting.

There is the Jail Bond Issue for all county residents and cities will have their local elections for mayor and city councilors in addition to the jail bond issue.

Canyon Prosecutor Says Cop Jail Rally Wrong

Saturday, October 24th by David R. Frazier(aka Boise Guardian)
"Canyon Prosecuting Attorney John Bujak reacted quickly and properly Friday when he learned local on-duty coppers in uniform attended a rally advocating a “yes” vote for a jail bond issue on the November 3 election ballot.

Officers and chiefs from Nampa Caldwell, and the Canyon County sheriff appeared for a rally Thursday carrying signs saying “vote yes.” The BOISE GUARDIAN saw the news story and reported on the legal aspects of the action, calling attention to an Idaho Supreme Court ruling that public funds cannot be used to campaign for an issue or candidate.

Bujak told the IDAHO PRESS TRIBUNE, “You can’t use any public funds to support a side. You can’t use public funds to influence voters. If they’re (police) not taking personal leave or vacation time, they’re being paid an hourly wage on the county coffers, which is our tax dollars. It wouldn’t be any different than sending them out canvassing neighborhoods with brochures saying, ‘Remember to vote yes on the jail bond.’”

“I think they just thought they had a great idea and now people have raised some legitimate issues,” Bujak said.

We agree with the prosecutor’s statement. It is actually refreshing to see a public official not only respond quickly, but broker a deal where there is an instant remedy. According to a story in the Saturday Press Tribune, the coppers will donate some leave time to compensate the cities and county for the improper use of their time. We doubt you will see a uniformed platoon picking up trash along the freeway and the time will probably never actually be subtracted from the books (it wouldn’t be fair to punish coppers for doing what their commanders wanted them to do). The important part is the lesson.

We hope the event sends a message to other local governments throughout the state that it is improper to campaign on the taxpayer dollar. The BOISE GUARDIAN has no position on the issue of of funding a new jail. Our interest was only to insure compliance with the law."

We would like to note the BOISE GUARDIAN headline conflicts drastically with the IPT.
The IPT headline sounds like a charity action by the coppers when the truth is the got caught doing wrong and are getting spanked by Mr. Bujack.

Here is a quote from the IPT article by Caldwell Police Chief Chris Allgood:

"Caldwell Police Chief Chris Allgood said he didn't consider his department's participation in the rally unethical or a misuse of resources."

Mayor Nancolas Raises Kohler's Work History As Campaign Issue

Mayor Garret Nancolas asked Mr. Kohler to tell folks at the IPT candidate forum about his work history. Mr. Kohler was more than accommodating with the name and times of his employment for a million dollar company in Southern California prior to moving to Caldwell. (His father's age and illness brought Mr. Kohler to Caldwell so he could be near his parents at this stage of thier lives.)

THE GUARDIAN likes to check things out as well. Mr.Kohler checked out to be who he claimed to be with respect to his work history that was suspect in the manner Mr. Nancolas questioned his work history. Mr. Kohler was a professional motorcycle racer as well. The above photos are taken from a sponsor website. The local paper ran a bio of Mr. Kohler's work history in a fair amount of detail and we think the article should dispel any thoughts about him not being who he says he is.

THE GUARDIAN would like to see the local paper delve into the work history and background of our incumbent Mayor, Garret Nancolas for their readers to review. It was Mr. Nancolas who raised the issue of work histories at the election forum.

THE GUARDIAN does not endorse candidates but in this instance there is a rumor circulating in Caldwell that Mr. Kohler does not have the experience he stated he has. The IPT article has clearly indicated that Mr. Kohler indeed has the work history he stated in the public forum.

Local Paper Would Not Print ACLU Article Comment

The following GUARDIAN comment was rejected by the local paper REGARDING the ACLU article in today's paper. We are offering it as submitted for your review and comments.

Please note for clarification: There is an A budget and a B budget for the Sheriff's Department. The A budget is wages and fringes, the B budget is for maintenance and repair items in his department.

Vickie Holbrook from the local paper writes:

"Paul,

I’m told the commissioner oversee the maintenance budget. You need to provide proof that chris put the money into salaries. I’m OK with the rest. You’ll have to resubmit" (we did not resubmit and stand by what was originally submitted to the local paper as originally submitted)

Here is the comment as submitted to the local paper:

"The ACLU bill is the result of the Sheriff not maintaining the jail. He took his maintenance budget and gave all his people substantial pay raises and created a number of new administrative positions. The situation was further exacerbated by the lack of cooperation between the prosecutor, Dave Young and the courts to recognize the need to impose alternative sentencing, work release, community service and cite and release for low level misdemeanors. It all added up to a seriously overcrowded and poorly maintained jail.

Sheriff Smith was looking for the ACLU to tell them they needed a new jail. It didn't happen, the lawsuit told them to clean up what they had and get the numbers down where they belonged in the first place. The ACLU forced the Sheriff, Prosecutor and the Judges to figure out who really needs to be in jail and to use alternative
sentencing for all others. Now they want their legal costs and we taxpayers will have to pay for the gross mismanagment of our jail to the ACLU."

THE GUARDIAN learned today the actual amount of the billing from the ACLU is for $193,000.00! Commissioners will try to negotiate a lower settlement from the ACLU.

The Commissioner's oversee the Maintenance Department Budget for all the ancillary operations of the courthouse functions. They do not oversee the Jail Maintenance Budget, it is the responsiblity of the Sheriff.

Is Jail to be Regional or Local Facility?

It has been reported to THE GUARDIAN the immediate and long range prospects of the jail will be to become a REGIONAL JAIL funded at Canyon County taxpayer expense. This explains the build out design of 2,000 beds. It has also been reported to THE GUARDIAN Owyhee and Canyon Sheriff's have been engaged in talks to shut down the Owyhee County Jail when and if the new Canyon County Jail gets built. Sheriff Smith even has a opinion piece on the Idhao Sheriff's Association website stating 'now is the time to act" on the issue of regional jails.

If Canyon County voters approve the bond will other small counties be lobbied to use this facility and shutter their jails as well. Expense of operation is the main motivation moving this concept forward. Commissioner Alder weighs in at the bottom of this post offering a regional jail is not what is planned.

Payback on the jail bond will be between $3-3,600,000 a year (or around $300,00/month for those of you who like monthly payment plans) depending on the final interest rate attached to the bond. The below information is taken directly off the ballot question for voters to decide on November 3rd.

The following information is provided in accordance with Section 34-439,

QUESTION: Shall Canyon County, State of Idaho, issue and sell its general obligation bonds in an amount of up to $46,000,000 payable over a term not to exceed twenty (20) years from ad valorem taxes, for the purpose of providing for the acquisition, construction and improvement of jail and associated law enforcement facilities, and other related improvements, equipment, items and costs incidental thereto, as more fully provided for in Resolution No. 09-183 of the County adopted September 1, 2009?

YES OR NO ARE YOUR VOTING OPTIONS

The total existing general obligation indebtedness, including interest accrued as of November 3, 2009, of Canyon County, State of Idaho, is $-0-. The average coupon interest rate anticipated on the proposed general obligation bonds is five and 11/100ths percent (5.11%). The range of anticipated rates is from one and 70/100ths percent (1.70%) to five and 95/100ths percent (5.95%). The total amount to be repaid over the life of the proposed general obligation bonds, based on the above anticipated interest rate, is (a) $72,913,135.00, if issued without any federal subsidy, or (b) $60,802,224.42, if issued with anticipated federal subsidy. Commissioners remain tight lipped on this subject.

THE GUARDIAN is happy to see Canyon County voters get the opportunity to vote on the jail bonding question and hope you will exercise your opportunity to weigh in on this issue on November 3rd.

The following is from the Idaho Sheriffs Association website:

"The Idaho Association of Counties (IAC) and Idaho Sheriffs' Association (ISA) along with the Department of Correction (IDOC) were recently awarded a $137,000 grant to study Regional Offender Management Centers. This new concept will explore the regionalization of prisons/jails with shared financial and governance responsibilities. The study will include misdemeanor/felony incarceration, treatment programs, probation and parole and other offender services all located at a single regional center. A bid will be let in the near future to select a consultant. The IAC, ISA and IDOC are excited about the prospects of this ground breaking research and look forward to working together to see the reality of its implementation."

THE GUARDIAN received the following comment from Commissioner Kathy Alder today, 10-22-09:

"Paul,
Because jails are so expensive to run the idea of Regional jails was talked about at the IAC meetings. There is no intention of making this a regional jail. The idea of putting it out on 20/26, (Notus) is because we do need to look to the future. there is no desire to make this a 2000 bed jail until it is needed which I think is a long time away, perhaps not in my lifetime."

Did Mayor Nancolas Decline Radio Interview Opportunities

THE GUARDIAN, in a previous post put forth a schedule of local Mayoral candidates to be interviewed on the KIDO AM 63 radio show, NORTHWEST LIVE. We cited the dates and times for Mayor Tom Dale and Helmut Kohler. Also we noted incumbent Mayor Garret Nancolas declined multiple opportunites to be interviewed.

Mayor Nancolas sent following email to me:

"Paul,

Your statement regarding KIDO radio is absolutely false. I have never refused an interview with anyone at KIDO, and if fact did an interview with Mike Sharp last Thursday at 10:00 am. Please remove your false statement from your blog.

Garret L. Nancolas, Mayor
City of Caldwell"

We were listening to KIDO this morning to NORTHWEST LIVE in an effort to become informed voters while Mr. Helmut Kohler was getting run through the mill by the hosts of the radio show Dr. Ralph Smith and Eugene Smith (not related to one another). The hosts pointed out at the end of the interview with Mr. Kohler at 10:45 AM, Mayor Nancolas was indeed offered six different dates to appear on their radio show. All offers and dates were turned down "by his appointment secretary". True as cited by Mayor Nancolas, he did not personally decline the interviews but his "appointment secretary" did decline all offers to appear on this valuable public service forum in behalf of Mayor Nancolas.

THE GUARDIAN will acknowldge Mayor Nancolas did not personally decline the offers to appear on the radio show. We would suggest Mayor Nancolas listen to the tape of the radio show and check with his "appointment secretary" and why she declined the appearance offers for the Mayor.

You get to be the judge if Mayor Nancolas declined, refused or may have had a six way scheduling confilct for his no-show on this radio forum.