Saturday, August 14, 2010
 
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Illinois' early prison release program called 'totally dysfunctional'

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[August 14, 2010]  CHICAGO -- The Illinois Department of Corrections' early release of about 1,700 prisoners, some violent, sparked public outcry last fall. But the former judge tasked by Gov. Pat Quinn with fixing the problem downplayed the administrative failings as "benign neglect," as he unveiled his report on Friday.

HardwareDavid Erickson, who served as a criminal and appellate judge for more than a decade, began investigating the Meritorious Good Time Push program used to accelerate the release of prisoners more than several months ago. The picture was not a pretty one.

"The MGT program was a dismal failure, totally dysfunctional," he said. "It became a means by which the Department of Corrections controlled the population ... to limit overcrowding (and cut costs)."

The dysfunction, according to Erickson, started decades ago. The MGT program has been around for more than 30 years and allows inmates convicted of minor offenses to earn credits for good behavior. The MGT Push program, set in place by the Quinn administration, accelerated this process, granting reduced time to offenders for walking through the door in handcuffs. Merit, however, has had little to do with who received reduced sentences for some time, according to Erickson.

Former law enforcement officials, like Republican state Rep. Jim Durkin, R-Countryside, agree.

"When I was a Cook County prosecutor, we used to laugh when we heard about MGT. We called it 'Getting Caught Time' (off)," Durkin said.

The panel headed by Erickson is trying to close the gaps that led to the release of prisoners like Edjuan Payne.

Payne, a previously convicted murderer and drug trafficker, served only six months of a two-year sentence for criminal damage to property. Police in Peoria arrested him in connection with the murder of Orvette Davis. Davis was found strangled to death in an alley in May, her infant granddaughter crying at her side.

"The Department of Corrections must change its attitude from population control (and) cost-savings to rehabilitating offenders, protecting the public and deterring crime," Erickson said.

One of the first steps needed is a narrowing of the program. The former judge said the department should work with the General Assembly to prevent violent offenders from falling into the pool. He urged lawmakers to prevent prisoners convicted of domestic abuse and hate crimes from early release through the MGT program, and he said no one should be eligible for the credits until they have served 60 days of their sentence.

The panel also recommended that prisoners should be evaluated on an individual basis rather than by the level of their convictions. Such a move would have prevented Payne, with his violent history, from receiving a reduced sentence, despite his apparently minor conviction.

Increased communication, through a $30 million update of the department's computer systems, would also prevent such offenders from slipping through the cracks.

Erickson said the department's handling of MGT should be seen through a prism of the past execution of the program, along with its resources. That, he said, is the "benign neglect."

But Durkin, who listened to the press conference, said the report smelled of whitewashing on the administration's part.

"I asked Director Randle last November in a conference call if they were going to look into the criminal histories of these guys, rather than just their current offense, and I was assured they would," he said.

MGT's existing problems became exacerbated when Quinn put pressure on Department of Corrections head Jim Randle to cut costs in the state's prison system, which houses 46,000 inmates in 28 facilities. The department turned to its age-old cost-cutting tool and enhanced existing early release programs through MGT Push, which immediately reduced the sentences of prisoners convicted of minor offenses.

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Randle emphasized that Quinn approved the program, but only if violent offenders would be kept out.

"(Department) staff weren't doing this because we wanted to do it, but because we had to do it," he said. "It happened and I take responsibility for it."

"What Push did was take a broken system and make it worse," Erickson said.

Inmates convicted of drunk driving, domestic abuse and even weapons charges were released, having served a few days.

The Associated Press brought the Push program to light in December, and the program became a major embarrassment for the Quinn administration. The governor suspended the program within weeks of the report. A blame game soon followed in which Quinn and Randle stumbled publicly about their knowledge of the program when the story first broke.

After weeks under the microscope, Randle ultimately took responsibility, but he managed to keep his job with Quinn's ardent support, despite public anger.

Randle said he will continue at his post until his boss says otherwise.

Durkin said the panel's findings are "too little, too late" for victims like Davis. But what is more worrying to the former prosecutor is the lack of accountability within the administration.

Durkin and other state lawmakers are convening several hearings in the coming weeks to find out who was responsible for drafting the program.

"These are things that should have been addressed before MGT Push was put into place," he said. "Even if the director takes responsibility, we still don't know who was behind the program."

The Quinn administration is looking to make a different kind of push in the General Assembly, according to Jerome Stermer, Quinn's chief of staff.

"We are asking legislators to redesign which crimes should be excluded," he said. "Secondly, we have asked this General Assembly ... for the $30 million for this computer system."

The report, however, calls for more than just $30 million. Erickson wants to increase spending on rehabilitation programs, like educational opportunities and counseling programs for drug and alcohol addiction and anger management, to "restore inmates to useful citizenship." All of these programs cost money, but the former judge said such measures can go a long way.

"The investment ... on counselors on this end will reduce recidivism and will save you money in the end," he said.

The Risks, Assets and Needs Assessment Task Force, which Quinn signed into law in 2009, has been working to address these issues. One proposal, which Randle has embraced, is the idea of specializing prisons based on rehabilitation programs as a cost-cutting measure.

"Rather than trying to do these programs at each prison, we can assign them to different institutions," the director said.

The department has already received a $2 million grant to apply some of these rehabilitation efforts in 20 Illinois counties.

Stermer said the report would be given to the lawmakers when they are back in session.

[Illinois Statehouse News; By BILL McMORRIS]

  

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