Governor Dennis Daugaard wants you to believe that he came up with a really great idea with his 2013 criminal justice reform omnibus bill. But a report last week from John Hult suggests that counties were already getting on top of the incarceration problem:
Minnehaha County actually was doing nearly most of the things prescribed by 2013's criminal justice reform package long before it passed. Plenty of counties, were, frankly. Repeat DUI offenders and methamphetamine users regularly got suspended prison time and six months in jail.
Charles Mix County commonly used a "30-30-30" sentencing scheme prior to the reform, former State's Attorney Pam Hein told me. That meant thirty days in jail and a year on the 24/7 sobriety program, which requires twice daily breath tests....The truth is... that plenty of places in South Dakota were busy with felons and looking for ways to deal with them long before criminal justice reform passed [John Hult, "Sioux Falls Area Crime Rate Leaps 78 Percent," that Sioux Falls paper, 2014.08.04].
But whatever good the county and state initiatives are doing to reduce prison populations may be swamped by a surge in felony filings in Minnehaha and Lincoln counties:
Felony charges have grown 78 percent over the past five fiscal years in the Second Judicial Circuit.
A number like that is bound to put pressure on the county jail.
There were 1,763 felony cases filed in fiscal year 2009. For FY 2014, that figure was 3,114 [Hult, 2014.08.04].
There were 2,267 felony filings in the Second Circuit in FY2013. After Daugaard's criminal justice reform passed, FY2014 Second Circuit felony filings jumped 37% to 3,114.
(Funny: I don't recall Governor Daugaard mentioning that felony spike while he was telling the Manhattan well-to-do what a wonderful place Sioux Falls is to do business.)
Daugaard's criminal justice reform may borrow some good ideas from the counties on what to do with criminals once they end up in the system. But maybe we need a little more emphasis on policies that keep people from committing felonies and landing in court and jail in the first place.
How many of those felony filings involved nonviolent drug offenses? Nationally, 21% of folks in state jails and prisons are drug offenders.
"From 1977 to 2013, South Dakota’s prison population increased by more than 500 percent. . . . The main
drivers of this surge in population were the incarceration of nonviolent drug offenders and parole violators."
http://www.urban.org/uploadedpdf/JRI_CaseStudy_South_Dakota.pdf
Mr. Bearcreekbat. 21% of people need to lay off the drugs.
Decriminalize Marijuana in Minnehaha County!!!
Cory, Cory, there you go again; "But maybe we need a little more emphasis on policies that keep people from committing felonies and landing in court and jail in the first place." Asking the republican ruling party to come up with new ideas of their own, you should know better. ;-)
Ryan, decriminalize? How about legalize and tax for the whole state?
Ryan,
Did you support Chad Haber for attorney general?
I was surprised that he won the Libertarian nomination when he doesn't support South Dakota Against Prohibition.
South Dakota should jail everyone with a BMI over 24.
I disagree Larry, food and drugs are two different things. We all need nourishment to survive, no one needs to consume alcohol and other drugs recreational purposes to survive.
The local and state government provide funding for treatment of substance use, but as far as I know, do not providing funding to provide treatment for people who are overweight even though we all have to pay taxes on the food we purchase.
Build a new jail for druggies. Build it in Volga and make it a boot camp.
Mexican statehood for the tribes!
Maybe we should re-define or revise the scope of behaviors that constitute "felonies."
The more transgressions that we call "felonies," the more felons we will have.
Grudz, lots of people need to "lay off the drugs." Like everyone who abuses them, probably two-thirds of the population if you include prescription drug abusers or people who take them because the drug companies need their money.
However, having served my time as a Category 5 alcoholic (and alcohol is a drug, at least for people like me), I can assure you that "laying off the drugs" is a damn hard thing to to.
Drug addiction afflicts the body, infects the mind, infitrates the spirit, and, if given the chance, destroys the soul of a person who falls victim to its evil spell.
Jail is not the right place for such people. Calling them felons and locking them up harms them and also robs the taxpayers.
If they are galavanting around high on snort or weeds they are a danger to you and I and my granddaughter and her kids.
Is a cat 5 alcoholic like a cat 5 hurricane or a defcon 5 situation, Mr. Gibilisco? I only ask to learn and hope you are having a great summer in your nerd cave by the big hole in the hills.
Grudz, I agree with Stan's point. I also am aware that many people can responsibly use alcohol and drugs without becoming addicts and without endangering anyone. Add to that latter group people with illnesses that literally need help from marijuana for relief from pain, anxiety, depression etc. Why not provide rehabilitation help to the abusers, which is much less costly than jailing them, and permit responsible users and sick people their freedom from these draconian laws?
And if any of these people, including those who have never used any illegal substances, engage in behaviors that endanger you or your granddaughter or her kids, lock em up.
bcb-in Alaska they had a discussion on legalizing mj and the side against it says mj causes depression and suicides and car accidents and violent crimes and then they challenge you to google their claims and then you find out they are lying through their teeth.
http://www.themudflats.net/archives/43692
mike, thanks for the link - a very interesting read indeed.
Hey Grudz,
Well, when I was an active alcoholic (my last drink was around Labor Day 1988), I decided that I did not want anything to do with other drugs.
I lived in Miami at the time, and cocaine was "all the rage." Of course you could get weed too, and just about anything else you might want.
However, I recall saying to myself, out loud in fact, that alcohol would do just fine to kill me. I did not need anything else to expedite my demise.
I'd offer that alcohol is more dangerous than many other drugs out there, such as weed. Meth is probably even worse than alcohol in terms of its power to rapidly destroy a person. Cocaine is quicker to addict, as well. So is Xanax, a prescription med the last time I checked.
Alcohol afflicts more people, probably, than all the other drugs combined, and does great harm even among non-addicts, for example, the really really really happy Deadwood gambler on a Saturday night, driving back to the hotel or home in Spearfish or Sturgis or Rapid City or even Lead, for that matter ...
Alcohol withdrawal can actually kill a person. I came damn close to death from alcohol intoxication when I had the DTs in Sarasota. Before I plunged into the black hole of delirium and delusion and hallucination, a nurse told me that they had measured my blood alcohol level at 0.50, the highest she had ever seen in an alive person.
A Cat 5 alkie is worse than a Cat 5 hurricane or Devcon 5, because the alcoholic malady can, in my opinion, send a person to hell. There's a devil in that bottle. I mean a real devil. Satan must have invented this horrific thing. Hurricanes and defcon have no soul, and no actual power to condemn a person to an eternity of fire and brimstone.
Stan, thank you for sharing your experiences. I grew up in an alcoholic home, and an alcoholic neighborhood. It was hard on all of us children. We lived in dread and fear as to who would get drunk next, and what horrible things that would be said and done.
When I think of my father I usually think of him as when he was drunk. It has only been recently that I tried to look at things from his perspective. He became isolated as his drinking buddies died, people did not want to have anything to do with him anymore, and he knew his liver cirrhosis (as the result of alcohol use,) was going to kill him. I cannot imagine what he felt like, or if he ever felt lonely, or afraid.
Stan, I appreciate your willingness to change your life, and agree with you that alcohol is a poison to the mind, body and soul.
Mr. Gibilisco, I appreciate your words, sir. Keep that nerd cave cool this summer.
Stan is right about the dangers of sudden alcohol withdrawal. I worked with a friend for years who had a drinking problem. He would be fine for months if he did not drink, but if he decided to have one drink that was it - he couldn't quit and would binge drink for days morning, noon and night skipping work meals etc. During one such binge he showed up at our place sicker than hell. I called our family doctor and described the problem. The doctor told us to give our friend some alcohol immediately as his life was in danger from withdrawal. We followed the doctor's instructions and then took our friend to the RC detoxification center where he could be safely weaned off the alcohol.
I am addicted to ______.
_____ meets my needs.
Sex to both Larry, now if I could just get my wife to go along with it.
Does anybody else think it is insaner than heck that young Dr. Boz's shiny pated puppeteer beat an actual card-carrying Libertarian, a man with Libertarian credentials literally in every pocket, my good friend Bob?
Bob would be far better.
just take matters into your own hands Tim. ;)
That was a great life story Stan, congratulations on your continued sobriety.
I've never been self addicted to anything in my life, except for music, but have many friends that were---are.
I have been breaking the law for many years, here is that story.
I was born without maculas in either eye. Without those I didn't have any way to filter the light comimg into my optic nerve so it was and is on overload all the time. The only time I'm comfortable is in the dark.
About the time I started puberty I started having migraine headaches. Serious debilitating sick headaches. I would get so sick that i would puke. It was at that time I made the first of three trips to Mayo.
Since they didnt have a name for what I had they called it a migraine headache. At that time Mayo prescribed the first of 17 different drugs and the great experiment began. I took 7 different meds that have since been banned for human use. None of these things helped. I actually used to have my best friend beat on me to take my mind off of the pain. It wasn't until years later that I founf out that was not uncommon.
From the age of twelve I averaged a hypo and a half a week until I was in my earlly thirties. In that time I ingested over 300,000 pills most were either pain or muscle relaxers. I tried college but didnt like not being able to get to class all the time so I quit. I had a very successful dog breeding business until my help, Mom and my Uncle both got to sick to help, and I made a pile of money.
Now to the root of my story. It was in the 80s, I was still getting the hypos and taking pills. My headache s were just as bad as ever, and I had decided to check out. Thats right The Blindman was going to end it all.
One of the things I have done my whole life was coon hunt, probably because I could do it in the dark, I can see in almost total darkness. One night I was at the neighbors and we were setting on the step of his house listening to the dogs work a track. In a time of weakness I told him that I was getting ready to leave this world because I couldn't take the constant pain anymore. "You stupid son of a bitch, im not going to let you do that."
With that he went in the house and returned with a plate with pot on it and a bong. Now I had tried pot in college but decided that it wasnt for me.
He then told me that from those he talked to about such things, my best bet was to smoke a little each day and not get toasted all the time. Im not going to say that pot is a miracle drug but that week I had my last hypo and within a couple of years I had taken my last pill. The pot didn't get rid of my headache s but it made it so I could function without the hard drugs.
I've lost a sister who was SD teacher of the year, and a nephew that is a police officer, from my life, because they would rather have me in pain then break the law.
I have learned something about pain. A person, and it doesn't matter who you are, will eventually do anything, including breaking the law the way I have all these years, to stop the hurt.
I have the medical records to back up what I have said.
When you use drugs that are illegal to treat an illness you acknowledge that what you are doing is against the law. It shouldn't have to be that way.
Up yours Marty Jackley!
The Blindman
Dang: another comment section veers a bit away from the topic... but proves to matter much much more than other diversions. Thank you, Stan, JeniW, Bill D., and others, for saying things that matter, things from which we can learn.
Possession of two ounces or less of marijuana is a Class 1 misdemeanor. Larger amounts bring felony charges. Is the proper practical and humanitarian response to go for Gaddy's full legalization, or would it be acceptable to amend SDCL 22-42-6 to exempt individuals who either obtain a doctor's prescription for marijuana or can show a doctor's diagnosis for chronic pain like Bill experienced?
I'm intrigued by Bearcreekbat's suggestion: could we drop all penalties for drug use itself and focus on punishing drug addicts only when their drug-induced actions harm others? Does the state have a compelling interest in punishing the use of addictive and destructive drugs alone? If there is a social harm in addiction, should we drop punishment and focus on rehab to break the addiction, for everyone's sake?
Except...the legalization of marijuana is proving challenging to an important resource in Colorado, and it needs to be addressed. The National Guard, both Air and Army, are encountering difficulties. Soldiers and airmen are reporting to drill under the influence of marijuana.
If I remember correctly, this was about the time of the year my old unit did weapon requalifications. No offense meant, but I don't know if I would feel too great if the body in the next fighting positionpartook in some legalized drug the night before. Thoughts?
" Does the state have a compelling interest in punishing the use of addictive and destructive drugs alone?"
Yes they do Cory, its called money. We have talked about a lot of different kinds of addictions here but never mention money.
BCB has the right idea if you look at how it has worked in other countries.
One thing is for sure, almost anything is better then what we are doing now. But then what would an old blind drug abuser know about those things.
Go over to Interested Party's web site and take a real close look at the drug clook to see how much money is being spent to fight the failed war on Drugs.
The Blindman
Cannabis is not made in a lab, thus is not a drug.
Ck, throw them out of the guard. Dont lump them in with the rest of the population. When they signed up for those jobs they knew what the rules were, there are no excuses.
Meanwhile I dont see the same discussion about people showing up drunk, and that is worse then THC in the workplace. Yet it is pot that some people want to vilify. That's crazy.
The Blindman
And yes. I do support Chad Haber. Our party is a unified force that intends to publicize the dirt that cakes our capitol offices. We may not have the money the Republicans do, but our "scandals" are minor compared to Chicago gangster class dealings that lead to death, sodomy, and lack of regard for the real bosses in South Dakota, THE VOTERS
I know Madville. . . That makes me a bad guy for supporting Chad Haber. But side by side with Jackley, I can reason with Chad and communicate my concerns on his marijuana policies. Jackley will likely have me "Benda'd" if I get too feisty with him on his bullshit prohibitionist arguements.
You cant reason with an AG finded by a drug company
Blindman, you have a compelling story, thanks for sharing it. Maybe one of these days SD will grow up and decide to stop persecuting people for the crime of trying to feel a bit better.
*funded* Ill.correct my typo before I get accused of.being "too high to run a phone" ;)
Ryan, I appreciate the exposing the corruption in the state government, but what else will your party bring to the table to benefit the people who live in SD.
How does your party plan to fund education and teacher shortages?
How would your party improve the state's relationship with the North American Indians who live in SD, other than making token trips to the reservation?
What is the plan to deal with the state bridges, highways, interstate, and maintaining the state parks.
How will your party address the physical and psychological health needs of those who cannot afford services?
There are a lot of people who live in nursing homes that are primarily funded through Medicaid, what will your party do to assist people to stay in other living places for as long as they can?
With the shift of how to deal with those who violate the law from the state to the county, what is the plan to help counties with the financial impact of the shift?
How will your party assist those with disabilities, or those who have few job skills learn a trade, seek and maintain employment?
I could ask more, but I think you get the gist of where I am going. It takes more than exposing the corruption to run the state, and to make sure that those living in SD will be served well.
Thank you.
Let's veer some more. Two and a half ounces of pot brings felony charges. State official lieing under oath(perjury) not worth the state's time to prosecute. In an alternative reality this makes perfect sense.
Ryan, beer and wine aren't made in labs, either, but alcohol is still a drug. That semantic argument won't help us understand and address any practical problems. Wherever they are made, alcohol and marijuana have negative impacts on human cognitive and physical performance. Certain restrictions, like saying one cannot drive or go to Guard drill under the influence, make sense because they protect others from harm (I think even Libertarians would accept that justification).
JeniW, I welcome Ryan's response to your questions, but I'll offer my preview of the Libertarian response: the SDLP can't address any of those problems. Far from a unified force, they are mostly an ad hoc assembly of last-minute "Why not?" pretenders with no real political agenda beyond certain hobbyhorse obsessions. None will mount credible campaigns. None will win election. None will build the SDLP into a viable political force. None will make a dent in the corruption in Pierre or promote public understanding of what needs to change.
Ryan Gaddy himself will be able to do nothing about the issues you've cited or even about marijuana legalization as Public Utilities Commissioner (although I could vote for him on his opposition to Keystone XL).
Minnesota did the therapeutic cannabis thing correctly. Legalization is a completely different construct.
http://www.mprnews.org/story/2014/08/09/pharmacists-pot-dispenser
"But maybe we need a little more emphasis on policies that keep people from committing felonies and landing in court and jail in the first place."
Yes, by reforming public education by eliminating self esteem indoctrination and sex education. That should reduce narcissism and hedonism.
because sibby is resentful he has to pay taxes to support education that didn't work for him or for kids he didn't have....
"Yes, by reforming public education by eliminating self esteem indoctrination and sex education. That should reduce narcissism and hedonism."
Steve, if you are really concerned about that, the way to start doing that is to visit with each of the School Board members of the Mitchell School District.
Here is the link to the Board members to help you get started:
http://mitchell.k12.sd.us/school_board/school_board_members.html
It may take some time for you to get the changes you want, but it is not impossible.
JeniW, I will be talking to them tonight during public input. There is currently an open spot for them, to fill. Do you think I would be a good school bard member?
Steve, that is great that you are willing to speak at the meeting. You asked if I think you would be a "good" school board member. I do not know you well enough to know.
You certainly have the right to campaign for a position on the Board, and what I have told others who want to seek an elected position, is to go for it.
Thank you for your support Cory. My goal is to show the voters that you can't change the state sitting at home. I intend to make a change in the 605! :)
"could vote" ≠ "support" You have a lot of work to do, Ryan, before you can convince me to cast a ballot in the PUC race.
Ryan, if you really want to change the attitudes in this state as far as pot is concerned, it wont come through elected offices. The fastest way to get attention on that subject in SD would be finding someone to introduce a bill. No, not for the outright legalization of that leafy green substance, but something in the other direction.
Yuo need to find and court a couple of people to introduce a bill. Now you have to understand that it wouldnt make any difference if the bill makes it or not, the whole idea is to use the publicity self generated by the bill to drive the legalization movement.
The bill would have to be a straight forward easily understood document that leaves no grey areas to wiggle with. Simply stated it would call for all elected officials to be randomly drug tested once a year. Any refusal would mean automatic loss of office. If you have drugs in your system you would be prosecuted to a higher degree then normal citizens, after all we sure dont need someone making decisions while they are fucked up, no matter what their choice of intoxicant might be. As an add on to this bill a breathalizer needs to be placed at the door of both houses, results recorded, and printed in the major papers in the state.
Well of course I know this wont fly, but just the fact that it was introduced would generate many quotes for future attempts at legalization. After all who wants to hear that their congress critter thinks they are above the rest of us and shouldn't have to fly by the same logic that they use when determining how they want the people of SD treated where drugs are concerned?
You are going to have a lot of elected officials making statements about why they should be exempt from those rules. That is exactly what you want. Then the next time the people of SD vote on possible legalization, you have everything you need to get the process moving along in the right direction. All it would take is a gentle reminder of how the legislators acted when your bill was introduced.
And what do you tell these elected officials when they start to bitch? Thats simple.
If you aren't doing anything illegal, why wouldn't you want the people to know that fact.
After all how many times have you been told this?
If you aren't doing anything illegal, you dont have anything to worry about.
The Blindman
health care costs of $2.7 trillion this year compare to $560 billion a year dent in the economy from drugs, alcohol and tobacco addiction. huffpo 07.28.11
the illness of addiction to only two of those things is currently being treated by the criminal justice system. they are not doctors but try telling the governor, his judges, or county commissioners that. maybe don kopp could convince them.
oh...in 2007 we spent $179 billion on the criminal justice system. NIH, 2011
yeah, maybe we should take a look at how we misunderstand, mistreat and warehouse addiction so we dont have to look at ouselves.