Rep. Lora Reinbold recently argued in the Juneau Empire and Fairbanks Daily News-Miner that Senate Bill 91 (criminal justice reform) will not reduce recidivism or improve public safety, but will lead to increased crime and general societal decline.<\/p>\n
Her critiques over simplify complex issues, lack proper historical context, inaccurately portray justice reinvestment and misstates the rule of law.<\/p>\n
SB 91 (and its predecessor SB 64) recognizes that Alaska receives poor returns for its criminal justice spending. Two-thirds of Alaskans passing through the Department of Corrections recidivate within three years. Alaska\u2019s prison population is expected to grow by 1,416 people by 2024 and require at least $169 million in new spending. Rep. Jerry Madden, the man who led Texas\u2019 justice reinvestment, repeatedly told other legislators we are imprisoning not only those we are afraid of, but those whom we are mad at.<\/p>\n
Rep. Reinbold claims SB 91 redefines crime so that \u201c\u2026the statistics can show a reduction in crime.\u201d I urge readers to review the Alaska Criminal Justice Commission\u2019s website and decide whether her claims are accurate. SB 91\u2019s vetted \u2018Smart Justice\u2019 polices of focusing on violent offenders, implementing accountability-based monitoring, reintegrating prisoners into society, and reinvesting savings into crime reducing strategies have been successfully implemented in conservative states such as Georgia, Mississippi, Texas, Kentucky and Utah. <\/p>\n
It stretches credibility to suggest the Legislature and a commission composed of members including two conservative legislators, the Attorney General, Department of Corrections, law enforcement, crime victim advocates and the court system simply \u201credefined crime\u201d in order to claim success.<\/p>\n
Rep. Reinbold correctly notes that SB 91 does not require expected financial savings to be invested in recidivism reduction programs. But she neglects to mention that dedicated funds are unconstitutional. It is intended that $99 million be invested toward pre-trial services and supervision, victims\u2019 services and violence prevention, DOC treatment and prisoner re-entry support.<\/p>\n
Rep. Reinbold does not specifically document how SB 91 no longer requires sober living for probation or parole. A review of SB 91 shows multiple components requiring sobriety. Sobriety is a key component of Alaska\u2019s existing and new criminal justice policies. <\/p>\n
Contrary to Rep. Reinbold\u2019s contention, failure to appear for a hearing or violating conditions of release are arrestable and bail revocable violations under SB 91.<\/p>\n
Rep. Reinbold alleges that making theft under $250 a non-jailable offense \u201cvirtually decriminalizes theft\u201d and removes drug addicts\u2019 incentive to quit. Theft is still a crime in Alaska and she fundamentally misunderstands drug addiction and successful treatment. <\/p>\n
A significant body of research shows that criminals do not make the same moral or risk\/reward decisions as lawful citizens and that imprisoning low-level offenders does not meaningfully reduce crime. The question is whether jailing someone at $150 per day for a $250 crime is the most cost effective remedy available. Is simply jailing drug abusers a moral or prudent way to help them resolve their troubles?<\/p>\n
Rep. Reinbold is correct, though not in the way she alludes, that SB 91 releases criminals into the streets. Alaska over-criminalizes and over-incarcerates. Seventy-five percent of sentenced offenders were convicted of non-violent crimes and 61 percent of felony offenders had no prior felonies. Over the past 10 years, our prison population grew by 27 percent \u2014 three times faster than the resident population.<\/p>\n
A criminal record\u2019s collateral consequences can severely hinder successful societal reintegration. SB 91 and SB 64 strengthen prisoner reentry while maintaining public safety. <\/p>\n
Rep. Reinbold suggests that Alaska\u2019s justice reforms are predicated upon the belief that current policy was built without regard to data or research. I did not hear this argument presented during committee deliberation. The argument is that while the current system may have successful components, it has numerous pitfalls.<\/p>\n
Rep. Reinbold\u2019s most grievous error is her concept of the rule of law. She states that \u201ca society\u2019s laws define what is impermissible and thereby what is condoned,\u201d and that SB 91\u2019s adjusting of criminal penalties is \u201c \u2026 signaling that these actions are viewed as acceptable or at least not as objectionable as they once were.\u201d She is glaringly wrong. <\/p>\n
The law protects individual rights and liberties, and provides a means of redress when they are violated. The Declaration of Independence magnifies her error: \u201c\u2026 all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, \u2026 That to secure these Rights, Governments are instituted among Men\u2026\u201d To quote John Locke: \u201cThe end of the law is not to abolish or restrain, but to preserve and enlarge freedom.\u201d<\/p>\n
Rep. Reinbold\u2019s \u201cobey me or go to jail\u201d authoritarian worldview violates personal liberty and as shown by Frederic Bastiat in \u201cThe Law\u201d and F.A. Hayek in \u201cThe Constitution of Liberty,\u201d is violent coercion. It views society as unable to live morally without a benevolent legislative hegemon.<\/p>\n
SB 91 does not condone criminal behavior; it recognizes that current practices are not working and a new course is needed. <\/p>\n
Alaska\u2019s justice reinvestment reforms are positive steps toward improving our criminal justice system. They also require careful study and deliberation. SB 91 should not be repealed, and Rep. Reinbold\u2019s authoritarian concept of justice should be rejected.<\/p>\n
\u2022 Ernest Prax lives in Fairbanks and was a House Judiciary Committee aide when Sen. John Coghill\u2019s first justice reinvestment bill, SB 64, passed the Legislature. <\/p>\n","protected":false},"excerpt":{"rendered":"