October 6 2013

Currently there is a loud public outcry to reform the Colorado Corrections System. While this is not new or understood it has risen to a new level with the murder of the Director of Corrections. Ironically he understood the need for change and was working on them. Somehow he missed the problems with the parole system, or maybe he hadn’t gotten to it yet, and that error cost him his life. To be fair he was a good director. He was a professional in the corrections field who was experienced and progressive in his ideas. He inherited a mess from the two prior directors who were appointed as political favors and knew nothing about running a corrections system.

One of the biggest problems with the Colorado prison sentences is the way they are issued. In Colorado when a person is sentenced for a crime, they receive three separate and distinct sentences. The first they receive is a prison sentence, then a parole sentence, then a restitution sentence. It is no wonder Colorado spends so much money on the Department of Corrections. It takes time and money to administer and supervise all of these programs as well as staff them.

It turns out that nobody was actually looking at all of these sentences and many were not being held long enough to serve their entire sentence. DOC is not handling the parole portion of the sentences well either. It looks like most of the full time parole officers are moonlighting at other jobs and they are not giving the parole office the time that is required to do the job correctly.

The institution portion of the sentence is where the victims and the court get financial compensation from the convict. Every sentence carries a restitution sentence. The thought behind the restitution sentence is good. It allows the victim to be compensated for the loss suffered. Normally this would be done in a civil trial but to make it easier for the victim it is all done at once. However, because it is a part of the criminal sentence it affects the convict much differently than a civil judgment.

Many times the victims are in the court room for the sentencing. They hear the prison time, parole time and the restitution amount. Many times they expect to get the restitution within a short amount of time. However, the convict is going to prison and will not be able to work and pay the restitution.

In prison every inmate must work or go to school. They receive sixty cents for a full day of work and thirty cents for a half day of work or school. From this amount 20% is deducted to pay restitution. This is 12 cents or 6 cents a day. As a side note it would be interesting to know how much it costs the administration to calculate, withhold and transfer this pittance back to the court.

If an inmate’s family sends him money to purchase a TV, radio, tennis shoes, or anything else, 20% is also withheld from that. This seems unusual because a gift is generally not subject to withholdings. It also shifts the burden of payment to the family. What this means financially to parents, spouse, and siblings of the inmate is that they will need to send in 20% more than the cost of the already overpriced items. (As an example a 15” flat screen color TV is almost $300. You can buy one like it at Target or Kmart for about $120)

When the inmate finally finishes his prison sentence and goes on to the parole sentence the restitution becomes another reason for failure. Most inmates are unskilled workers. Their pay is not much above minimum wage. In addition to all of the taxes and withholdings they must pay 20% of their earnings to restitution. If they have child support payments this will also come out of their pay. Very few unskilled workers can pay rent, utilities and food after having restitution and child support deducted. Faced with yet another failure they do something to ensure their return to prison.

Finally when a convict has put in all the mandatory prison time and is released their restitution is still there. It never goes away until it is paid. The idea that a convict can start over when prison is over is not correct. The convict continues to be punished both financially and by society. This makes returning to prison seem like the best option. At least in prison there are no bills to pay and life is easier with 3 square meals a day, a roof over their heads and medical care all for free.

And yet people wonder why the recidivism rate is so high…