Wednesday, September 20, 2017

Texas yet to 'turn the page' on police reform, and other stories

Lets's clear out Grits' browser tabs with a quick roundup of stories about policing which deserve Grits readers' attention:

Texas hasn't 'turned the page' on police reform just yet
First, The Crime Report had an interview with Texas state representative and House County Affairs Committee Chairman Garnet Coleman on passage of the Sandra Bland Act. Coleman's comments were more measured, but the story included an unfortunate headline: "How Texas turned the page on police reform." To be clear: Texas has done no such thing. Coleman's bill mainly addressed mental health issues and mandated Texas cops receive deescalation training. But Texas' big police reform bill died on the vine this year, and the most important reform elements in Coleman's bill - eliminating arrests for most Class C offenses and mandating bail for non-dangerous misdemeanants - were removed before passage. The Sandra Bland Act was significant, positive legislation and Grits doesn't want to diminish its importance, but let's please slow our roll on the whole dusting off our hands, problem-solved meme.

Austin PD crime lab blues
The Austin Monitor has a pair of stories detailing problems at Austin PD's crime lab which forced the closure of its DNA section:
Will legalized long knives change how Texas cops deal with knife wielders?
Now that Texas has legalized people carrying knives and swords of any size, perhaps the issue of how quickly police shoot knife wielding suspects will be revisited.

Public reverence for cops undermined by shoot-first ethic
This essayist in Slate makes a good point, with an homage to Dallas News columnist Steve Blow, disputing the adage that the “No. 1 duty of a police officer [should be] to go home to his or her family at the end of the shift.” Here's the money quote the writer pulled from Blow's March 2015 column.
But there’s the crux of the matter. They have willingly taken a job that involves personal risk. It also requires split-second decision making that must go beyond simple self-preservation 
If going home safely becomes the overriding priority, that can become another way of saying, “Shoot first and ask questions later.”
This modern dicta of 21st century policing ultimately undermines the public's faith in law enforcement as surely as do unfounded criticisms of racism with which police officials are so much more deeply concerned. After all, as the Slate author concluded, "The reason we revere cops isn’t their dedication to protecting their own lives. It’s their dedication to protecting ours."

More disagreement among law enforcement than portrayed
The Heritage Foundation has published an odd "special report" purporting to summarize a convening they sponsored of various law enforcement officials. However, upon looking at the stakeholders' disparate remarks appended therein, Heritage oversold any notion of consensus, and in fact revealed significant disagreement among its (one-sided) array of stakeholders. According to Heritage, "police have had few allies," and "anti-police rhetoric has left Americans, particularly those living in low-income communities and minority communities, more at risk." But they overstated the consensus. E.g., the explanatory text under a headline which read, "Allegations of 'Systemic Racism' Are False and Harmful," actually read, "Some attendees agreed that the concept of broad 'systemic racism' in law enforcement is a damaging, false narrative that undermines public support for policing. Others felt it important to acknowledge and address past wrongs and prior grievances in order to improve race relations." That range of views hardly supports the subhed! Regardless, Heritage warned darkly that "long-term declines in crime rates ... are now being threatened by some of the developments discussed in this Special Report." This deserves a more thorough vetting than Grits has time to apply at the moment, but I wanted to flag the link.

Recent policing scholarship
Here are several academic articles on policing which are getting added to Grits' to-read stack:

Sunday, September 17, 2017

Reasonably Suspicious: Listen to the podcast, join us for our Launch Party!

After several months of working out the kinks in a soft launch, Just Liberty's Reasonably Suspicious podcast now is up and running on numerous platforms - iTunes, Google Play, YouTube, SoundCloud, etc..  Please subscribe and give it a try! I'm proud of the results so far, and we're improving every time.

We've now got a fresh new logo created by the legendary Guy Juke, plus original music by producer/guitar virtuoso Gabe Rhodes and some of the best musicians in Texas. I couldn't ask for a smarter, more able co-host than Mandy Marzullo from the Texas Defender Service. The excuses for failure are dwindling! :)

Just Liberty will host a podcast launch party in Austin on Wednesday, September 20th to celebrate the new project. Please join us if you can! See our Facebook event page for details.

You can listen to the podcast here, or as usual find a transcript with links to underlying documents and news stories below the jump.

Here are the topics covered in the September 2017 episode:

Top Stories
  • Police-union pension crisis predicted by Ron DeLord
  • Prosecutors ill-advised to withhold witness statements
  • Big implications for Harris County bail-reform litigation
Forensic Follies
  • Junk Science Writs and the Goldilocks Problem
  • First DNA-mixture "black box" broken open
Last Hurrah (quick takes)

Saturday, September 16, 2017

Why criminal court judges are poor forensic gatekeepers

Yes. This.
Why do judges frequently fail to keep faulty forensics out in criminal cases despite the fact that they rigorously enforce Daubert’s gatekeeping requirements when presiding over civil cases? Daubert requires trial judges in both civil and criminal proceedings to determine “whether the reasoning or methodology underlying the testimony is scientifically valid.” As the relevant research reveals, however, judges are far more willing to fulfill their gatekeeping roles in civil cases than criminal ones. Challenges to forensic evidence pretrial, including Daubert hearings, are rare in the criminal context. As the NAS Report makes clear, “the vast majority of the reported opinions in criminal cases indicate that trial judges rarely exclude or restrict expert testimony offered by prosecutors.” The evidentiary standards that apply to expert forensic evidence should be identical in civil and criminal proceedings according to the Federal Rules of Evidence and relevant precedent, yet courts rigorously engage in gatekeeping of such evidence in civil proceedings while giving broad leeway to prosecutors in criminal proceedings. Therefore, the courts’ failure to exclude faulty forensics in criminal cases cannot be explained away simply by pointing to judges’ lack of scientific prowess.
In Just Liberty's next Reasonably Suspicious podcast, out tomorrow, Mandy Marzullo and I discuss the failure of Texas courts so far to adequately perform their gatekeeping function vis a vis DNA mixture evidence, updating a segment from last month's edition.

The passage above from an academic article gets to the heart of the matter: Though in theory, civil and criminal courts should be applying the same standards for scientific evidence, as a general rule they only perform a true "gatekeeping" function on the civil side.

In the past, Grits has been a tad more generous, attributing this outcome to lopsided disparities in resources on the criminal side, while civil disputes are often more equally matched in terms of both sides' ability to hire independent experts, etc.. But the reflexive posture of admitting anything the prosecution wants until their hand is absolutely forced - even disputed evidence like bite marks, hair microscopy, and black-box DNA mixture analyses - after a while becomes hard to deny.

The other segment on forensics in tomorrow's podcast discusses Texas' junk science writ, assessing a law professor's comparison between our version and California's. Left unsaid in that segment is that the reason we need habeas corpus remedies for bad science on the back end of the process primarily stems from judges' failure to perform a meaningful gatekeeping role on the front end. Well, I suppose now it hasn't been left unsaid.

Wednesday, September 13, 2017

Has Texas fixed the death penalty?, and other notable Texan commentary on the justice system

A few items, while I have you:

Views of the system from the perspective of the punished
These recent opinion pieces from Texans with experience on the wrong side of the justice system merit Grits' readers attention:
Discussing drug abuse and families
Meanwhile, with tens of thousands of drug overdose deaths making national headlines, Texans Care for Children this fall in Austin will launch an interesting-looking three-part discussion series on drug abuse, families, and public policy. For state-level policy folk in Texas, it's a good time to be thinking about this sort of big picture analysis more than a year out from the next legislative session. Between Gov. Abbott vetoing Good Samaritan legislation in 2015 - and the Lege declining once again in 2017 to pay for expanded treatment services through reduced incarceration of drug users - it's pretty clear most Texas pols don't yet feel comfortable addressing drug abuse through any but a tough-on-crime lens. Advocates will need new strategies, alliances and messages to get much further. 

Is Texas on the way to fixing its death penalty?
Finally, Pat Metze, a Texas Tech law prof, looked at criticism of Texas' death penalty system in a recent law review article and thinks the Legislature is on its way to solving the problem!! As luck would have it, your correspondent worked on many of the initiatives he's lauding - mostly innocence-type work - which he frames as responses to concerns raised in a 2013 American Bar Association report that was critical of several aspects of Texas' capital-punishment system.

But the Legislature didn't view its innocence work through a capital frame, and it's at best a stretch to attribute anything they did as a response to critics of capital punishment. By contrast, most of those innocence reforms could only be passed because they weren't framed as specifically affecting capital cases.

For the most prominent example, the Texas state fire marshal ultimately was happy to correct erroneous arson science and conduct a comprehensive review of disputed cases. But initially, debates over arson science were framed around the case of Todd Willingham, who was executed based on flawed arson testimony in the face of his claims of innocence. The resulting culture-war brouhaha nearly caused then-Gov. Rick Perry to disband the Texas Forensic Science Commission, the FSC's general counsel revealed to a recent national gathering. That pattern has been consistent - reforms can often happen in Texas if they're not about the death penalty or other hot-button culture-war topics - which is why it's odd to portray Texas as acting specifically to correct flaws in the capital punishment system.

Given that the US Supreme Court has taken to bench slapping the Lone Star State two or three times per year on death-penalty matters (e.g., Moore, Buck, etc.), the perspective Prof. Metze offers here definitely qualifies as a revisionist view. A capital-attorney friend who'd seen Metze's article told me it made her "blood boil."

In that light, I teasingly asked Grits' contributing writer Jennifer Laurin, one of the authors of the 2013 ABA report, whether this means "Mission Accomplished!" She responded, "The short answer is that Texas has made big strides on innocence reform, and continues not to touch anything that redounds to the exclusive benefit of capital defendants. And actually I think the analysis in the article bears that out." More on this later, for sure, but I wanted to flag the link.

Tuesday, September 12, 2017

Midland DA touts drug-reform themes

The Brooklyn District Attorney's race will be decided today in a Democratic primary which has been most notable for the various candidates competing with one another for the mantle of Reform Prosecutor. Check out this remarkable video produce on the prosecutor's role, released leading up to the election:

But debates over criminal-justice are bipartisan, and so are demands that prosecutors change their priorities. As an example, check out this op ed by the District Attorney in Midland, Texas, Lauren Nodolf, calling for prioritizing prosecution of serious crime and diverting drug offenders out of jails and prisons. She wrote:
warehousing non-violent offenders is costly to Midlanders, does not contribute positively to public safety, and does not lead the perpetrator to take responsibility for their actions. Violent offenders, on the other hand, need to be tried expediently and incarcerated sufficiently to protect the community.
Long-time readers will recall that former Midland County Sheriff Gary Painter was the state's foremost advocate of regional narcotics task forces, which were defunded and closed by Gov. Rick Perry after a series of scandals beginning with the Tulia drug stings. Those entities were all about rounding up the maximum number of low-level drug users for incarceration. So the fact that the DA in Midland opined in the newspaper against "warehousing non-violent offenders" demonstrates the terms of debate are changing around the justice system and prosecutors' role. Fifteen years ago, this would have been a highly controversial stance; today it's almost a snoozer.

There were one or two odd notes in the column, including a reference to "rising crime rates." I say "odd" because index crimes declined from 2015 to 2016 at both the Midland PD and the Midland County Sheriff. And the rate at which index crimes were reported to Midland PD, in particular, declined by 25 percent from 2010 to 2016. (Source)

And, to be sure, Nodolf's reformist tendencies pale compared to some of the suggestions by DA candidates in Brooklyn. I don't want to overstate the case. But overall, it's remarkable that a Midland Co. DA would feel any inclination to tip her hat to reform themes, and evidence that prosecutors around the country are reacting to reform proposals much differently and more thoughtfully than in the past.

Sunday, September 10, 2017

Natural experiment tests rehabilitation potential for teen killers

Source: TCJC Twitter feed.
Grits has been thinking a lot lately about the question of whether adult justice systems sufficiently address the needs or adequately assess the likelihood of rehabilitation for offenders in 17-25 years old range, particularly after our Reasonably Suspicious podcast segment on the topic last month.

During the 17-25 year old period, and particularly before age 21, neuroscientists now understand that young brains have yet to finish developing, especially as it relates to cognitive reasoning and impulse control. And some national experts have persuasively argued that the justice system needs to more effectively accommodate those differences in brain function.

So, in that vein, Grits was interested in this story out of the Phildadelphia Inquirer (9/7) detailing the fates of 70 released murderers who committed their crimes as young men and women. Like the defendant in Kentucky, they had served sentences for heinous crimes committed when they were teenagers. But they are now being released some two generations later. Here's how the story opened:
For the first time in a generation, Pennsylvania prisons are releasing convicted murderers by the dozen. 
In the last year, 70 men and women — all locked away as teens — have quietly returned to the community after decades behind bars. They're landing their first jobs, as grocery store cashiers and line cooks, addiction counselors and paralegals. They are, in their 50s and 60s, learning to drive, renting their first apartments, trying to establish credit, and navigating unfamiliar relationships. They're encountering the mismatch between long-held daydreams and the hard realities of daily life. 
These are the first of 517 juvenile lifers in Pennsylvania, the largest such contingent in the nation, to be resentenced and released on parole since the Supreme Court decided that mandatory life-without-parole sentences for minors are unconstitutional.
The struggles facing these parolees perhaps are to be expected. If you'd been incarcerated since Smokey and the Bandit was in theaters, you'd face difficulty adjusting to 21st century America, as well. Regardless, "So far, not one of the 70 has violated parole."

Perhaps that should be expected, too. As it happens, murderers have among the lowest recidivism rates. And the judge out of Kentucky whom we discussed in our podcast cited this study in his ruling to say that, "ninety (90) percent of serious juvenile offenders age out of crime and do not continue criminal behavior into adulthood."

This represents a lot of folks. This summer, the Urban Institute issued a study which, the Marshall Project reported, found that two out of five inmates serving very long sentences committed their crimes before age 25. (See Grits' earlier discussion.)

There are a few different ways one could take into account these differences in youthful brain chemistry, and likely more Grits hasn't considered yet. My old pal Vinnie Schiraldi has suggested creating a separate third system to deal with 18-25 year olds (it'd be 17-25 in Texas, where we have not yet raise the age of adult culpability to 18). Elsewhere, some states like Connecticut are considering expanding their juvenile justice system to cover offenders up to age 21. Alternatively, Schiraldi has privately suggested to Grits that perhaps certain enhancements, barriers to reentry, etc., could be eliminated or reduced for younger offenders since their likelihood of rehabilitation is so much higher.

I'm sure there are other ways to skin this cat. We're on the front end of a national conversation about these topics spurred by recent scientific advancements. The suggestions for how to accommodate this new information remain prefatory and barely formed. But over time, as scientists better understand the human brain - and as the justice system slowly but surely adapts that knowledge to inform its various functions - it's not difficult to imagine major implications for these observations about brain development in a justice system based on identifying and punishing bad decisions, even if we can't say for sure what they'll be yet.

That said, inevitably, someone's parole will be revoked among this Pennsylvania cohort. The road to reentry is too difficult (as this article effectively described) and the array of humanity caught up in the system is too diverse for it to never happen. But prisoners who've served decades until they're now old men (and to a less common extent, women), especially if they had good behavior records while inside, are remarkably safe release risks compared to many younger inmates convicted of less serious offenses.

A rare opportunity moment for bail reform

When Grits first began focusing on inequities in bail and pretrial detention back in the mid-aughts, insiders understood I was writing about real issues that needed addressing. But the response from the MSM and the public amounted to crickets chirping. Nobody outside of the insiders - who had to grapple with the daily reality of a failing system, even if the outside world hadn't noticed - seemed to care about locking defendants up for no other reason than that they were too poor to pay a private bail bondsman's fee.

Back then, when I'd try to get reporters interested in these topics, they'd inevitably tell me, "But the bondsmen do the job for free, they're the free market solution to pretrial release." I tried to point out that it's not free if their clients are housed in jail at taxpayer expense until they choose to use their services. Plus, most absconding defendants are recaptured by law enforcement (at traffic stops, etc.), not bail agents. On their face, the bail-does-it-for-free arguments never made any sense. They fall apart the moment you actually put numbers to any sort of cost model. But those simplistic arguments kept reporters from taking on these issues, and those of us criticizing money bail were portrayed as unrealistic and extremists.

Pero no mas. Today, there's more interest in reforming money bail systems in the United States (only us and the Philippines still engage in this outdated practice) than at any time in living memory. This morning, my browser tabs are full of bail-related news stories and media analyses, documenting reforms from red and blue states alike. As those of us in Texas await oral arguments at the federal 5th Circuit Court of Appeals on Harris County bail litigation (October 2nd), it's worth rounding up some of this coverage for context:

For an overview, check out this Washington Post editorial, "Fixing the unfair bail system is worth the costs." FWIW, the District of Columbia has already successfully gotten rid of money bail in most cases.

In New Mexico, voters approved bail reform but prosecutors are seeking to undermine it by overusing preventive detention mechanisms. So far, only 11 of 95 preventive detention requests have been approved, the rest denied, which is being taken as evidence that prosecutors are asking for detention in cases where defendants deserve release.

Here's a local story about bail-reform efforts in St. Joseph County, Indiana.

Wired magazine has a story about bail-reform efforts in New Jersey.

In California, promising bail reform efforts blew up and won't be revived again until 2018.

Because women are disproportionately impacted, some groups are seeking to put their stories at the center of the bail reform movement. A Mother's Day action this year in which advocates bailed out moms so they could be home with their kids continues to resonate with positive reactions.

For others, of course, it's an issue primarily for people of color.

However, conservatives also support bail reform because, jailing poor defendants is a "stale practice that isn’t adapting to modern realities" and "a costly burden for local governments."

At Fox and Hounds Daily, a retired 32-year Idaho sheriffs deputy makes the case that, "Bail reform restores basic American values of freedom and justice."

Finally, this strange column in the Houston Chronicle repeats the free-market-does-it-better trope and claimed that eliminating money bail for misdemeanors in Houston had "eliminated 80 percent of the private bail bonds business," quoting a local bail agent. Grits would have to see that figure documented independently to believe it - it sounds like overstated hype.

But there's no doubt reform has cut into the bail industry's business. Now it's time to finish the job. Any way you slice it, the bail industry's anachronistic economic interests damage the public weal. Their main counter-argument seems to be, "Corporate welfare made us rich, don't end it." But judging from the tenor of the national conversation going on right now, that sentiment doesn't seem as convincing to opinion leaders and the public as it did back when your correspondent began writing on the subject.

Saturday, September 09, 2017

Federal prisoners stranded in Harvey, Harris County inmates released into it

When disasters like Hurricane Harvey strike, inmates in coastal prisons and jails are sitting ducks unless the authorities in control of their fates take action to protect them.

Downtown Houston on the day
jail inmates were summarily released
TruthOut has emails from inmates in a flooded federal prison in Beaumont showing inmates stranded and scared in desperate conditions. And in Houston, the county jail allegedly released prisoners from a drug treatment facility at the height of the flooding without money, clothes, or medication because officials couldn't feed or supervise them.

After this episode, there really won't be any excuse going forward for coastal jails and prison units to have anything but fully operational disaster plans, including privately run units. That should have been the case after inmates were stranded during Hurricanes Katrina (New Orleans) and Ike (Galveston). But now it would be clearly negligent not to do so.

The Texas Department of Criminal Justice appears to have done a good job evacuating inmates in harm's way. But the federal Bureau of Prisons clearly dropped the ball, and the Texas Commission on Jail Standards surely should review policies on releasing inmates into hazardous conditions.

It's a safe bet Harvey won't be the last time these issues come up.

RELATED: Add accountability to rehab, reentry arguments for inmates' access to email.

MORE: According to the Houston Press, federal officials disputed the extent of the flooding reported in Beaumont.

Thursday, September 07, 2017

Year-to-date crime is down, but should reformers tout it?

A new analysis finds that year-to-date murder rates are down for 2017 - see a report from the Brennan Center and coverage from Vox. According to the think tank:
The 2017 murder rate is projected to be 2.5 percent lower than last year. This year’s decline is driven primarily by decreases in Detroit (down 25.6 percent), Houston (down 20.5 percent), and New York (down 19.1 percent). Chicago’s murder rate is also projected to fall, by 2.4 percent. The 2017 murder rate is expected to be on par with that of 2009, well at the bottom of the historic post-1990 decline, yet still higher than the lowest recorded rate in 2013.
The news will be widely heralded as a correction to slight upticks in violent crime in 2015 and 2016, casting doubt on the notion that the last couple of years represent some new wave of violence that justifies references to "American carnage," etc.. So perhaps Brennan's analysis will provide an antidote to those misguided memes.

However, crime data such as these can only be meaningfully interpreted over the long term; short term blips tend not to tell us much, whether crime is going up or down. Grits feels the same way about Brennan's analysis as I did about a similarly themed Houston Chronicle story in July, which inspired a blog post titled: "Of journalists, drunks, lamp posts, and Year-To-Date crime data." Read that for more on my complaints about YTD crime data.

Bottom line: Criminologists have shown what veteran crime reporters have known for years: that such short-term analyses of crime data don't tell us very much and are often wrong. They remain popular, though, because daily media outlets have news holes to fill, August is a slow news month, and crime reporting remains a staple. It may not be probative data, but it's new. And new fulfills a certain need for content producers in both traditional and digital media.

In a sense, I'm glad Brennan has taken on this project. Doing it every year provides some uniformity to the analyses over time, whereas otherwise the data are framed by whichever reporter from some random news outlet thinks to do the story first. But I still question the overall value of year-to-date crime data analyses, and worry that Brennan's project improperly validates their use.

Reformers should take opportunities like this one to critique misguided uses of crime data during periods when the data "help" us - as when crime is declining - because bringing it up for the first time when crime rises will raise understandable skepticism as to motive.

Grits has been at this for quite a while and, in my experience, error helps nobody in the long run. The benefits that come from relying on bad data which appear to "help" my side are far outweighed by the cost of relying on it when it runs the other direction. Crime data are used by demagogues to inspire panic, and insisting on their proper, in-perspective use, whether that helps or hurts one's "cause," in the long run will improve the culture surrounding these debates and lead to better outcomes.

Critiquing the misuse of data only when it damages your "side" reduces one's credibility. Criminal-justice reformers would be wise not to fall into that trap.

RELATED: From Slate/Fair Punishment.

Wednesday, September 06, 2017

Texans opine at NIST "Error Management Symposium"

Check out video from the National Institute of Standards and Technology "Error Management Symposium" of presentations by Peter Stout from the Houston Forensic Science Center and Lynn Garcia of the Texas Forensic Science Commission:

See all the other speaker videos here. And here are their Power Point presentations:
This newsclip included quotes from Garcia's speech.

Interesting note from Stout's presentation: He said the HFSC has gotten along well with the Houston Police Department, but the police union had been the source of most of the friction. The union v. crime lab tension hadn't occurred to me before.

Garcia suggested that the adversarial legal system stands at odds with improving forensic science, citing the FSC's experience with the Todd Willingham arson case as a prime example. Her description of the DNA mixture issues we've been discussing recently begins at about the 1:41:00 mark.

RELATED: Forensic bite mark analysis takes another hit in an article using its failures to highlight "the weak scientific culture of forensic science and the law’s difficulty in evaluating and responding to unreliable and unscientific evidence."

Urban Institute: Longest prison sentences getting longer

A new study from the Urban Institute on the causes of mass incarceration (see coverage from Vox and the Marshall Project) confirms some of the points Grits made this spring rebutting suggestions by Fordham law prof John Pfaff that the criminal-justice reform movement must shift its focus. Pfaff disputed reformers attention to long sentence lengths, claiming those who decried them misunderstood the true sources of mass incarceration. Here's what I'd written in April in response:
Pfaff discovered through analyzing state court filings that the average length-of-stay for people released from incarceration is going down, taking this to mean that long sentences aren't a major cause of mass incarceration. But those numbers are averaged and mask a more nuanced dynamic. Really, there are two categories of prisoners: Short-timers who account for the churn, and long-timers who have mostly been convicted of violent offenses and have quite long sentences. 
In FY2015, for example, the 70,311 people released from TDCJ served an average of 4.5 years on an average sentence of 8 years. But those are averages. Many sentences are shorter, and the numbers are driven up by long sentences for a smaller number of violent crimes - a fact which complicates his "ignore sentence length" suggestion quite a bit. A whopping 63 percent of people convicted of violent offenses in TDCJ were in 2015 serving sentences longer than 10 years. By contrast, just 12 percent of new admissions had received sentences for longer than a decade. So if Pfaff wants reformers to focus mainly on violent offenses, they'd have to consider sentence length much more than he suggests.
The Urban Institute explored that path of inquiry even further. They "looked at the 10 percent of the prison population in each state serving the longest terms ... In most states, the average time served by the top 10 percent rose much more sharply relative to the rest of the prison population." Further, they found that these were the results of policies enacted by Legislatures: "These steep increases over time and the variation across states points to the power of state-specific policy decisions."

So the claim that reformers are wrong to focus on length-of-stay doesn't hold water. Ditto for the suggestion that reformers should abandon efforts to reduce sentences legislatively in favor of focusing on District Attorneys and the rate at which they prosecute cases. Length of stay matters, says the Urban Institute data, and so does legislative policy.

Both Pfaff and the Urban Institute use these data to argue that reformers should focus on violent offenders to reduce mass incarceration. But Grits would in response iterate that Texas' experience argues for a more catholic approach. As I'd written in April:
Not only is Pfaff wrong to belittle efforts to reduce penalties for nonviolent offenses, he's also wrong that such efforts preclude focus on reducing incarceration of people convicted of violent crimes in state prisons. In Texas, the state increased release rates for violent offenders at the same time the Legislature was focused on reforms aimed at nonviolent crimes. It's simply not been my experience that the rhetorical problems he hypothesizes from the ivory tower play out that way in the real world
The uptick in parole rates for violent offenders in Texas had a number of causes. For example, Texas' 2007 reforms created new "Intermediate Sanctions Facilities" which, while much-derided by Andy Kahan and certain probation directors, have performed an important function of reducing the proportion of parolees revoked back to TDCJ to serve their full sentences based on petty violations or low-level crimes. Because those intermediate sanctions are available for most offenders, and because having a single, statewide parole agency contributes to a consistent, statewide policy, the use of ISFs has contributed to reduced revocation rates on the parole side to a much greater degree than for Texas probation departments.

Moreover,  the '07 reforms included money for various treatment programs, and there existed certain classes of offenders who weren't being paroled because they hadn't undergone treatment while inside. Once they got it, the parole board released them as they'd told the Legislature they would. (Not everyone believed that would happen.)

So a push that on paper was about "nonviolent" offenders turned out to adjust practices throughout the system that impacted incarceration for some people convicted of violent offenses as well. And since crime declined steadily in Texas throughout the period we're discussing, there's no reason to believe that this sort of managed reduction in incarceration levels threatened public safety.

Bottom line, to reduce mass incarceration, there are two distinct categories of prisoners which must be addressed and which each require different strategies (hopefully executed simultaneously). There are 1) a small number of violent offenders receiving increasingly extreme sentences, according to the Urban Institute's findings, and 2) a vast number of low-level offenders, many of whom probably shouldn't be sent to prison in the first place, who contribute to "churn" in the justice system, filling county jails and stacking up third-degree and state-jail felonies.

That second category is where the most important short-term reductions may be found. Again, from my April review: "the quickest way to reduce admissions is to reduce penalties along the margin between the lowest-level felonies (in Texas, state jail felonies), and higher-level misdemeanors (in Texas, Class As). These are almost entirely nonviolent drug and property offenses." But's it's also true that, in the long run, to get to mid-double digit reductions in incarceration would require lowering top-end sentences for people convicted of violent crimes.

Mass incarceration does not have any one cause: Not just long sentences, not just mis-use of prosecutor discretion, not just erosion of Fourth Amendment rights in public interactions with police, not just false convictions of innocent people, but all of these and more have contributed to the problem. So walking back one piece of it probably will never amount to a cure-all.

To reduce mass incarceration through the political process requires understanding all these different contributing factors, then engaging opportunistically whenever it's possible to address a piece of the problem. Texas isn't California, where a) a federal judge mandated incarceration reductions and b) reformers could put their own proposals on a statewide ballot for an up or down vote. In Texas, these reforms must occur through the democratically elected Legislature, and even in the 21st century, politics there remains the art of the possible.

It would be nice if there were a silver bullet - reduce sentence lengths, rein in rogue prosecutors, combat discriminatory policing - but each of these by itself is a partial measure. It took 40 years for things to get this bad. There's no quick fix here. No easy answers.

Tuesday, September 05, 2017

Black-box DNA mixture analysis method used in NYC turned out to be flawed

Today the New York Times and ProPublica published a joint investigation by Lauren Kirchner into the use of DNA mixture evidence in New York titled "Thousands of Criminal Cases in New York Relied on Disputed DNA Testing Techniques."

The story covered some of the same ground as did a recent segment in Just Liberty's Reasonably Suspicious podcast discussing a DNA mixture case out of the Tyler 12th Court of Appeals here in Texas.

The big news out of the ProPublica story: After years of keeping its DNA-mixture analysis algorithms secret, the New York City lab finally had to reveal its source code (aka, the "FST code") to the defense and it didn't pass muster:
Again, the government refused to hand it over on the grounds that it was a “proprietary and copyrighted” statistical tool owned by the City of New York. 
The federal judge granted the defense access to the FST code in June 2016 under an order that bars wider disclosure. (The medical examiner’s office denied ProPublica’s public records request for the code, citing its “sensitive nature.”) 
Nathaniel Adams, a computer scientist and an engineer at a private forensics consulting firm in Ohio, reviewed the code for the defense. He found that the program dropped valuable data from its calculations, in ways that users wouldn’t necessarily be aware of, but that could unpredictably affect the likelihood assigned to the defendant’s DNA being in the mixture. 
“I did not leave with the impression that FST was developed by an experienced software development team,” Adams wrote in an affidavit. Pending more rigorous testing, “the correctness of the behavior of the FST software should be seriously questioned.” Characterizing Adams’ criticisms as merely stylistic rather than substantive, the lab told ProPublica that FST provided reliable calculations. 
Technology consultants wrote the software code for FST, according to a spokeswoman at the medical examiner’s office. Few, if anyone, at the lab or on the state’s DNA Subcommittee had the expertise to double-check the software, said a scientist in the lab who worked on the techniques who asked to remain anonymous for fear of career repercussions. “We don’t know what’s going on in that black box, and that is a legitimate question,” the scientist said, adding that evidence in older cases should “absolutely” be retested in light of growing questions about FST. “As a scientist, I can’t say no.”
The issue of proprietary "black box" software interpreting DNA mixture evidence mirrors the situation with private vendors used in Texas like STR-Mix and TrueAllele, as discussed on the Reasonably Suspicious podcast.

When New York's proprietary software was picked apart by the defense, they found previously unrevealed errors and flaws. Who's to say that won't also be the case with proprietary private software? The likelihood surely is greater than not.

Courts should allow defense experts access to the source code if they're going to admit DNA mixture evidence from these black box systems. There's just too much recent error and loads of evidence that the math and science involved in these black-box interpretations are well beyond the ken of most analysts seeking to interpret them.

Here are a few other tidbits from the ProPublica/Times story which add new information to the discussion here in Texas:

The FBI in May claimed to have validated STR-Mix for use in DNA mixtures involving up to five people. But having a law enforcement agency "validate" the method is far different from having validation from independent sources which would satisfy defense experts. In one famous case out of upstate New York, STR-Mix and their main competitor, TrueAllele, tested the same evidence and came back with different results.

"In the past three years, flaws in DNA methods have temporarily shut down testing in public crime labs in Austin, Texas, and Washington, D.C."

“Lab analysts 'make it seem like it’s a completely objective process,' said Bicka Barlow, a lawyer in California with a master’s degree in genetics and molecular biology. 'But I’m 100 percent convinced that there are many people who are incarcerated who were convicted with DNA evidence who are innocent.'”

Reconceiving the prosecutor's role, the jury's Brady rights, and other missives from the ivory tower

Here are a few academic articles recently posted to SSRN which caught Grits' eye and may merit readers' attention:
  • "The Jury's Brady Right." Arguably, defendants aren't the only ones harmed when the government conceals exculpatory evidence against them. This article considers the situation from the jury's perspective.
  • "Mental Health and False Confessions." In an era when jails are the largest mental institutions in nearly every community, this aspect of false confession research takes on particular importance.
  • "Reconceiving the Standard Conception of the Prosecutor's Role." The prosecutor's obligation to "seek  justice" reflects "the law's best impulses," but in practice is "vague, contradictory, improperly incorporates undefined moral concepts into legal duties, and does not reflect the work that prosecutors do," this paper argues.
  • "Drug Treatment Courts and Their Progeny in the U.S.: Overcoming Their Winding Trajectory to Make the Concept Work for the Long Term." Texas is struggling with this problem. Gov. Perry ramped up drug courts' use, but they don't scale up well and are too often used on low-risk offenders who don't need such high levels of supervision. There's a need to discuss a vision for them going forward.
  • "Feeding the Machine: Policing, Crime Control, and Algorithms." From the abstract, "Police are not simply end users of big data. They generate the information that big data programs rely upon. This essay explains why predictive policing programs can’t be fully understood without an acknowledgment of the role police have in creating its inputs." So true. Good example was systematic underreporting of deaths in police custody to exclude one quarter of police shootings in Texas over the last decade.
  • "Marijuana Legalization and Pretext Stops." This paper explores whether "legalization [could] take away some of the legal tools and policing incentives that fuel pretextual stops?", noting that "To date, the relationship between state marijuana legalization and the Fourth Amendment has received little attention in comparison to issues like federalism or taxes." In Texas, our Attorney General has begun to similarly explore whether open-carry gun laws might preempt certain Fourth Amendment exceptions. Interesting subject.
  • "Fines, Fees, and Forfeitures." "The use of fines, fees, and forfeitures has expanded significantly in recent years as lawmakers have sought to fund criminal justice systems without raising taxes. Concerns are growing, however, that inadequately designed systems for the use of such economic sanctions have problematic policy outcomes, such as the distortion of criminal justice priorities, exacerbation of financial vulnerability of people living at or near poverty, increased crime, jail overcrowding, and even decreased revenue."

Add accountability to rehab, reentry arguments for inmates' access to email

Grits has long believed that there's little big-picture risk and much benefit from the federal system of allowing prison inmates limited access to monitored email services. At first, this view stemmed mainly from a desire to let inmates stay in touch with their loved ones, which helps facilitate both rehabilitation and successful reentry. But Hurricane Harvey shows that prisoners' email can also serve as an accountability mechanism by giving voice to eyes and ears inside the prison walls.

State prisoners in harms way were evacuated during the recent floods (no clear, comprehensive picture yet of what happened in county jails), but federal prisoners apparently were not, including several privately operated facilities and a federal prison in Beaumont.

Regarding the latter, the federal Bureau of Prisons told the Houston Chronicle that "although the facility's water source was compromised and had intermittent power, it was 'adequately maintained with generator backup power when needed. There is an adequate food and water supply for both inmates and staff.'" But the Chronicle obtained emails from prisoners family members which told a different story. One described:
a scene where a fellow inmate passed out Thursday night because of malnutrition; inmates haven't had a warm meal in more than five days, he said. Because of the water shortage, four portable toilets were brought in to service the man's building. No chemicals were placed in the toilets, which have already been "topped off" with waste, the man said. 
"Save me Jesus," the man said in an email. "I never thought nothing like this would happen in prison."
From the family member who shared the email: "Animals are treated better then those men. They evacuated all those animals and made sure they were safe, why can't they make sure those men in those units are safe, fed, healthy with clean clothes and enough amount of water? They are people too." The 

If this prisoner's account is accurate and complete, then federal inmates in Beaumont experienced nothing like the horrors that went on in New Orleans with inmates during Katrina. But the rosy picture portrayed by the feds wasn't entirely true. And without prisoner access to email, there would be no credible source to dispute inaccurate government claims.

Sometimes the government misrepresents reality to offer only a self-interested perspective, and the closed nature of prisons makes them especially good at concealing their problems from the outside world. Providing electronic communications access to prisoners can add first-person narratives to the mix to help inform those on the outside what goes on inside.

Texas inmates can pay to have incoming emails printed out and given to them, but cannot send outgoing email.

So, we may add "holding government accountable" to "facilitates rehabilitation" and "improves reentry prospects" among the best argument for providing inmates limited access to monitored email, as has long been successfully accomplished in the well-established federal system.

Saturday, September 02, 2017

Social costs of incarceration in Houston are high

For Grits' ever growing to-read pile: "The Criminal and Labor Market Implications of Incarceration" (2014) studying Harris County.
ABSTRACT. This paper investigates the pre- and post-release impacts of incarceration on criminal behavior, economic wellbeing and family formation using new data from Harris County, Texas. The research design identifies exogenous variation in the extensive and intensive margins of incarceration by leveraging the random assignment of defendants to courtrooms. I develop a new data-driven estimation procedure to address multidimensional and non-monotonic sentencing patterns observed in the courtrooms in my data. My findings indicate that incarceration generates modest incapacitation effects, which are offset in the long-run by an increased likelihood of defendants reoffending after being released. [emphasis added] Additional evidence finds that incarceration reduces post-release employment and wages, increases take-up of food stamps, decreases likelihood of marriage and increases the likelihood of divorce. Based on changes in defendant behavior alone, I estimate that a one-year prison term for marginal defendants conservatively generates $56,200 to $66,800 in social costs, which would require substantial general deterrence in the population to at least be welfare neutral.
H/T: John Pfaff.

Friday, September 01, 2017

Houston camping ordinance overturned, bail litigation amici, and other tidbits

Here are a few odds and ends before taking leave of the blog on a Friday afternoon:

You make the call: Police union boss says Breaion King arrest didn't merit discipline

Austin activist Chris Harris obtained video of the meet and confer negotiations between the City and the Austin Police Association and, with editing help from Lewis Conway, created this short video juxtaposing the details of Breaion King's arrest with union boss Ken Casaday arguing against changing the rule that prevented the officer involved from being disciplined. They presented the video to the Austin City Council last night arguing to reject the meet-and-confer agreement with the union and address the police department's staffing and discipline issues through normal city processes:

According to Casaday, "half" of Austin PD officers see no problem with the way this young schoolteacher was treated. How about you?

Wednesday, August 30, 2017

Texans contributed to community corrections 'consensus'

There were some familiar Texan faces involved with coming up with a consensus document on community corrections at Harvard's Kennedy School of Government. See commentary at the Marshall Project, an overview of the process, and the consensus document itself.

A few facts and an observation about labor economics, immigration politics, and the aftermath of Hurricane Harvey

If readers will forgive an off-topic aside, here are a few facts and a quick observation regarding Texan labor economics, Hurricane Harvey, and the current political moment:

Fact: Hurricane Harvey is about to leave Houston facing one of the biggest reconstruction jobs in the history of the planet.

Fact: Between 28 percent and half of Texas construction workers are illegal immigrants. And Texas home prices are already rising because many of them are departing.

Fact: If President Trump's border wall is funded, either large numbers of illegal immigrants will assist in its construction, ironically, or there won't be enough workers to build it. And that's before any national infrastructure plan adds additional large jobs to the plate of the Texas construction industry.

Fact: The feds have promised ramped up immigration enforcement and the Texas Legislature passed SB 4 (aka, the "show me your papers law") mandating greater law enforcement cooperation with immigration authorities and authorizing more aggressive police tactics toward illegal immigrants. Their stated aim was to increase the number of deportations of people picked up by law enforcement, even for minor traffic violations.

All of which leads to this observation:

Despite high-profile roundups after President Trump took office - sending ICE agents into Texas courthouses to arrest domestic violence victims, for example - as a practical matter the threat of mass deportations, at least in Texas, probably ended after Hurricane Harvey. Somebody actually must perform the labor involved in rebuilding America's fourth largest city.

White Texans aren't going to learn the skills to participate in the booming building trades overnight, nor would most of us be willing to endure the labor conditions typically involved in that industry. Anyway, we're basically at full employment already in Texas and there are only so many workers.

Regardless, just as Bush II was judged on Hurricane Katrina, President Trump will be judged in a major way based on how well he handles Harvey's aftermath. This president cares deeply about others' opinions about him, and IMO he will soon come to understand that what happens in Houston going forward will define his historical legacy.

In the medium term, once someone explains the labor market issues to him, Grits suspects Hurricane Harvey may turn out to stymie the President's anti-immigration fervor for the foreseeable future. And maybe even scrap the border wall, too, at least in Texas. It will be impossible to rebuild Houston while simultaneously deporting the construction industry's labor pool, much less build a pointless 18-30 foot high wall across the desert.

In the end, you can't do all the contradictory stuff he says - eventually you have to pick - and Hurricane Harvey in all likelihood just made a lot of President Trump's choices for him.

Tuesday, August 29, 2017

Courts punt on forensics surrounding DNA mixtures

In our final excerpt from Just Liberty's August "Reasonably Suspicious" podcast, let's focus on a recent Texas appellate case regarding DNA mixture evidence - one of the first to arise since it was revealed in 2015 that most Texas crime labs were using flawed mathematics to interpret results from mixed DNA samples. The trial court punted on its gate keeping function in this one, allowing multiple, conflicting forensic results into evidence and telling the jury to pick the one they liked. Tyler's 12th Court of Appeals affirmed that approach. Listen to Grits and Texas Defender Service Executive Director Amanda Marzullo discuss the implications of the case:

This blog first broke the story that DNA mixture evidence had been widely misinterpreted after the Forensic Science Commission began investigating the question. The rise of "touch DNA" has exacerbated this greatly, as many people's DNA might be included on a given touch-DNA sample.

In the case out of the 12th Court of Appeals, crime-lab analysts originally declared that the sample positively identified the defendant. But they had used the flawed mathematical methods which had been debunked by experts in 2015. When they corrected the math, applying a "stochastic threshold" to the data, the defendant was no longer implicated. Then, prosecutors introduced the results from a proprietary, third-party DNA mixture test - a black-box method using statistical models to which defense experts don't have access - and that method once again pointed to the defendant.

To make matters more confusing: There are two competing companies with proprietary black-box methods for analyzing DNA mixtures, and in one case out of upstate New York they came to opposite conclusions. While DNA matches involving a single suspect are considered the gold standard of forensic evidence, when DNA from multiple people is mixed there can be much more uncertainty about the result.

A panel of forensic experts convened by the White House under the Obama Administration called DNA mixture analysis "subjective" and "not yet ... sufficiently and appropriately validated." According to an addendum to their report, "the available literature supported the validity and reliability of [probabilistic genotyping] for samples with three contributors where the person of interest comprises at least 20% of the sample," but not when there are more than three contributors or the person of interest comprises a smaller portion of the sample.

The case out of the 12th Court of Appeals, however, did not reach those questions. It was based on a sufficiency-of-the-evidence challenge, not on the admissibility of particular DNA mixture analysis methods, concluded Marzullo. So Texas still lacks a formal appellate green light for admitting these disputed methods, though in some cases such as this one, they may get into evidence without being challenged by the defense.

See a transcript of our conversation after the jump.

Sandra Bland Act implementation, inadmissible forensics, the case for corroboration, and other stories

A few tidbits to clear Grits' browser tabs while your correspondent is focused elsewhere and the entire state prays for Houston to dry out:

Sunday, August 27, 2017

Un-tested drug evidence likely conceals false drug convictions in Hidalgo County

Houston PD has stopped using flawed field tests responsible for hundreds of false convictions, but in most other Texas jurisdictions, nobody has even checked similarly situated cases for possible errors. (Only five counties have Conviction Integrity Units in the District Attorney's office, and of those only Harris County's has focused on drug cases.)

That's why Grits was interested in this article from July 28 in the McAllen Monitor on the Texas Department of Public Safety's retraction of a legislatively mandated decision to begin charging for crime lab services. Hidalgo County Sheriff J.E. "Eddie" Guerra told the paper that "HCSO frequently uses field testing on suspected controlled substances and only sends samples to DPS for analysis when an individual does not plead guilty to possession."

That's exactly the circumstance under which they found so many false convictions in Harris County!

More than 300 false convictions based on faulty field tests have been uncovered so far in Houston, and nobody thinks that's all of them. The typical situation involved field tests falsely accusing someone, then that person couldn't make bail and so would plead guilty to a crime they didn't commit in order to get out of jail on a sentence of "time served."

The only reason these false convictions were discovered was that, eventually, the now-independent crime lab in Houston would test the evidence, anyway. But in Hidalgo County, that doesn't happen. The samples are never sent to DPS, meaning false convictions remain concealed.

Which brings us to the meat of the issue: In the interests of justice, somebody needs to be testing this evidence when it's going to be used to justify depriving someone of their liberty. Whether it's the state or the county that pays for it, who knows? If the government doesn't pay for testing, it should be done on a defense motion. And if nobody wants to pay, perhaps those cases shouldn't be prosecuted at all, plea bargain or no.

* * *

On a tangentially related topic, in the same article, state Rep. Oscar Longoria made the case for charging local governments for crime lab services, making him to my knowledge the only legislator from the budget conference committee to do so:
“You’re going to have an issue when everyone sends stuff (to the lab) — you’re naturally going to have a backlog,” Longoria said. 
DPS averaged 87,642 testing requests from 2,310 law enforcement agencies in 2013 and 2014, according to a January Legislative Budget Board Staff Report. 
“(The DPS lab) should really only be used for major crimes like murder, homicide and aggravated robbery,” Longoria said. “But when we send Class A and Class B misdemeanors, we’re overburdening the (lab) technicians.”
That's a provocative position to many in Texas law enforcement, some of whom feel particularly entitled to get these services for free, even though most larger jurisdictions pay for their own. Lubbock PD is the biggest DPS crime lab customer, if "customer" is the right word for somebody getting freebies.

'Cap and trade' proposal could end mass incarceration

The August edition of the Reasonably Suspicious podcast from Just Liberty included a new segment titled, "Points for Creativity," in which we score creative ideas for criminal-justice reform. In the inaugural rendition, Texas Defender Service Executive Director Amanda Marzullo and I discussed a proposal popularized by Fordham law professor John Pfaff in his (relatively) new book, Locked In. (See Grits' review.) But it was originally suggested as part of a 2014 anthology called The American Prison: Imagining a Different Future.

As Pfaff's book continues to influence American reform debates, and this was his most important reform suggestion aimed at limiting prosecutor power,* it's worth pulling out this segment as a stand-alone. My podcast partner was more skeptical of the idea, but to me, this may be the only proposal Grits has heard with a real chance of reducing mass incarceration in America to levels more typical of the rest of the western world. Most other potential reforms do not scale up nearly as effectively.

The idea is to make county-level decision makers at least partially responsible for incarceration costs of people they send to prison. Natural policy experiments have shown that, when local decision makers must pay for their incarceration decisions, they incarcerate less. By contrast, under the status quo, counties enjoy perverse economic incentives which make it essentially free to order incarceration in prison for an offender. But they must pay if they choose probation and rehabilitation in the community.

Listen to the excerpted segment here, or find a transcript of our conversation below the jump:

Odds and ends on a rain-drenched weekend

Here are a few odds and ends to keep Grits readers occupied on a rainy weekend:

Public Safety Commission to decide on JL petition in October
Here's an update on Just Liberty's petition to DPS for rulemaking on Class C misdemeanor arrests. The Houston Chronicle also had coverage. More than 5,100 Texans have sent emails to DPS Director Steve McCraw urging support for this proposal. Go here to join them.

DA: Police must improve before I'll work with them
The Aransas County Attorney won't accept more cases from the Rockville PD until its officers are better trained about deliberately withholding evidence. Good for her! That's a new one. "According to prosecutors, the Rockville officers needs to demonstrate a commitment to truthful reporting and to correcting problematic officer behavior."

Pew: Ban the box increases discrimination against black folk
One of our contributing writers, Amanda Woog, was a big supporter of ban-the-box proposals in Austin and elsewhere, but Grits personally remained more skeptical. This commentary from the Pew Charitable Trusts explains why: the policy heightens discrimination against black people, whether or not they have a criminal record, while mostly white folks benefit. Martin Luther King, Jr. looked forward to a day when people are judged not by the color of their skin but the content of their character. BTB legislation asks employers to overlook evidence of people's character (past criminal acts), leaving them only the color of the applicant's skin as a marker for such concerns. The result is a worsened pattern of discrimination, according to the best available employment studies on the topic.

On the limits of legalizing running over protesters
The Texas state rep who filed a bill limiting criminal and civil liability for drivers who run over protesters wants to distinguish his bill from what happened in Charlottesville. His legislation would not protect an intentional murder, he insisted. But in truth, the bill was a political jab at liberal protesters and, whether the specifics would apply to the driver in Virginia, the intent was unquestionably to send a message to protesters blocking streets that they deserve to die and the government shouldn't protect them or care about their fate. Walking that back in the face of an actual such incident is understandable, but Rep. Pat Fallon doth protest too much.

Greg Kelley exonerated
In the end, Greg Kelley not only had to battle the government, which had falsely convicted him of sexually assaulting a 4-year old based on a shoddy investigation by Cedar Park PD, but his own trial attorney intervening in his case against his interests. Regardless, that lawyer was found ineffective and Kelley has been freed - prosecutors now say the evidence points to an alternative suspect. As an aside, Kelley was released thanks to a 2003 statute carried by Sen. John Whitmire to allow the Tulia drug sting defendants to get out on bail while they waited for their habeas corpus writs to clear the Court of Criminal Appeals. When that passed, we thought it would for the most part only affect those Tulia defendants, but it's become a prominent and important feature of many modern, Texas exonerations.

Prison evacuations
Several thousand TDCJ inmates housed in units along the Brazos River were evacuated because of flooding, something which is becoming more or less an annual event. I haven't seen significant reporting on what happened with inmates in county jails who were housed in the hurricane's path.

Bail industry ramping up against reforms
The bail reform lawsuit in Harris County and bail-reform legislation in New Jersey are the two biggest, bleeding-edge flashpoints for the fight to reduce poverty-based incarceration. In both instances, the bail industry has emerged as a powerful and well-funded, if increasingly isolated, belligerent. They're going to try to Willie-Horton these reforms to death, so it will be more important than ever that advocates continue making the public safety case for bail reform. People who want fewer murders should be on the reformers' side.

Violent crime limits economic prospects
Check out an intriguing story by CityLab about new research showing that living around violent crime limits children's economic prospects.

Time to test income and reentry
Providing an income to ex-offenders would reduce recidivism. The barriers to testing such a strategy on a broader scale are political, but as a practical matter, " It is past time that a government or nonprofit combined a minimally conditional cash transfer with traditional reentry interventions and hire an evaluator to assess the experiment’s impact. While a man exiting prison today might receive job training and see a clinician for mental health needs, an additional cash transfer could enable him to secure a place to live, a mass transit fare, and groceries for his family. Cash—or a restricted, EBT-styled debit card—would provide for immediate needs and ease the stressful reentry process."

Saturday, August 26, 2017

Declines in size at Dallas, Houston PDs an opportunity for more efficient deployment

The pension SNAFU in Dallas and anti-taxation sentiment among Houston voters have halted and reversed growth of the number of sworn staff at both police departments, observed the Texas Tribune.

Dallas is where the real problem lies. Seasoned officers are fleeing because pension benefits that promised to make them all millionaires are now all evaporating, while low entry pay makes them uncompetitive with other Texas departments.

Houston's so-called shortstaffing, however, isn't really shortstaffing. The union says they should have 1,000 more officers, but after a one-time loss of about 200 officers before the latest pension deal was cut, they're not witnessing an ongoing exodus like in Dallas. Regardless, Grits believes that it's fine if unsustainable increases in police staffing cease in the wake of two decades of declining crime. There are plenty of officers in both cities, they're just being assigned to work that should be performed by social workers, mental health professionals, civilian techs, call-center employees, code enforcement, robots, the private sector (e.g., answering false burglar alarms), etc..

Redefining police roles and reconsidering 911-driven patrol patterns are the best solutions to perceived shortstaffing. Just increasing the number of the city's most expensive employees ad infinitum in the face of declining crime isn't a sustainable approach.

Friday, August 25, 2017

TDCJ 2016 PREA reporting

Via Muckrock, see the Texas Department of Criminal Justice's 2016 reporting under the federal Prison Rape Elimination Act, documenting 27,423 "Offender Protection Investigations" initiated that year with the Ferguson, Estelle, Telford, Coffield, Michael, Clemens, Stiles, Smith, and Garza West ranking among the highest.

The TDCJ's OIG investigators opened 242 criminal cases regarding sexual assault in 2016. Estelle, Ferguson, Lewis, Beto, Michael, Telford, Connally, McConnell, Torres, and Allred were among those units with the highest reported number of criminal sexual assaults.

ALSO: Eva Moravec on Twitter provide a link to earlier years' reports.


Wednesday, August 23, 2017

Texas GOP backs Just Liberty petition for DPS rules improvements

The Republican Party of Texas yesterday published a Facebook post in support of Just Liberty's petition to the Texas Department of Public Safety, joining a bipartisan list of 16 groups backing proposed rules to limit arrests for Class C misdemeanors, infractions for which the maximum possible punishment is only a fine.

The measure being suggested to the Public Safety Commission (PSC) essentially implements a specific line item in the Republican Party platform to disallow such arrests except in instances of domestic violence. Under its new leadership, the Texas GOP has been more aggressive, beginning during the most recent special session, in actively promoting its platform policies in the political arena and encouraging GOP pols to adhere to them. So this endorsement continues that new pattern.

Sandra Bland's mother, who prominently campaigned for Hillary Clinton in last year's presidential campaign, is one of the signators on the Just Liberty petition. So the endorsement of the Texas GOP makes this a true, bipartisan affair - a zebra, nearly a unicorn, in the fractious and disjointed world of 21st century politics. Goes to show that it's possible to find bipartisan agreement if the goal is good policy instead of only scoring campaign points.

Just Liberty has been told by the DPS General Counsel's office that members of the PSC will be briefed on the proposal in executive session, so the only opportunity to address commissioners will be during the generic public-comment section at the beginning of the meeting.

As of this writing, nearly 4,500 Texans have sent emails to DPS Director Steve McCraw through Just Liberty's grassroots systems. (Go here to join them.) So the issue has hit a nerve and drawn remarkable bipartisan support, of which the backing of the Republican Party of Texas is the most prominent and notable example yet.

How exciting! Even though it didn't pass, you could tell at the Legislature this suggestion had uncommon legs and significant appeal across party lines. These developments continue to foster that impression. This is a change lots of people believe needs to happen regardless of political party.

MORE: See an update from the meeting and Houston Chronicle coverage.