Wednesday, April 27, 2016

Who Pays For It


Who Pays For It

Sometimes government is sheer lunacy. Some may say idiocy and it is tempting to agree with that characterization but that is non-productive. Sometimes, when I look at what passes for decision making in the various arms of government I ask myself if those whom we elect have ever been exposed to governmental theory or philosophies of government. Now, I realize that there are many who will ridicule me for bringing this up since, in their eyes, it is just plain common sense and anyone should be able to see it. As I have often said, sometimes what we need is some uncommon sense and that is in short supply and often drowned out when articulated.

The Pulaski County Magistrates are exploring closing the detention center (that is what the jail is politely called these days), perhaps to make it sound like it is not a place where we confine people against their will to protect our society from their harmful influences. And that is exactly what we are doing, or should be doing, with our jails although they have become as much debtor's prisons and profitable enterprises as anything else.

The Magistrates are upset that it costs money to run a jail and that some people who are not inmates are unhappy with the way they are being treated. As the Jailer said, it is an inherently dangerous job so prospective employees should not be surprised when they find themselves in undesirable situations. That being said it is also up to the Jailer to use practices that minimize the threat when working with the inmates and safety always costs money. The Jailer's salary is set by constitutional authority and he gets paid whether or not there is a single prisoner inhabiting the building. Some Jailers in this state are doing just that.

It seems that most of the Magistrate's concerns are that detention center employees are complaining about working conditions at the jail and they are complaining to them. Magistrates are geared toward dealing with complaints, preferably without offending a prospective voter so it is difficult for them to look at the issues dispassionately. However, I would suggest that if the Fiscal Court finds these issues difficult to deal with they could ask for an audit from the state auditor who, as Somerset found out, would be only too willing to comply. It being that the respective governments are from the same political party may be beneficial.

Jailer-David Moss
But, here's the deal. Jails, detention centers, Sheriff's departments, City Police and all other agencies that detain offenders are acting at the will and direction of the public they serve. Supposedly they are doing that to keep those offenders from acting in harmful ways toward those societies but is that strictly true? If the society being protected wants this kind of law enforcement then shouldn't the taxpayer pay for it? The problem is that society does not want to pay for it. As a result all sorts of court fees, fines and judgments are assessed and the Jailer is expected, unrealistically, to operate his facility with those resources and to do it in a way that society will not be offended or the inmate will not be treated inhumanely. What this does is places the fiscal burden of running these facilities, the purpose of which is to protect society, squarely on those who are in many cases the least able to afford it. We might as well face it. If you are flush with money you most likely will not become a resident of the Pulaski County Detention Center. Then when those destitute people can't pay those fines, etc. they are declared in contempt of court and jailed which is a fine end run around the proscription of debtor's prisons. Some prisoners at least are assessed fees for being graciously housed against their wills and then held in contempt when they can't come up with the money they couldn't make while they were in jail. In addition, the state pays a per diem for each prisoner held so there is an corrosive incentive to putting more people in jail. This is no surprise nor is it happening only in Pulaski County. This is one of the things that the investigative committee found in Ferguson, Missouri after the riots there. The practice is endemic to our country.

So, if a society demands that offenders be housed in jail for whatever offenses the public demands then who should foot the bill? Well, it is the taxpayer who insisted they be put there and it is the taxpayer who should pay. If the taxpayer does not want to pay that much money then the answer is simple. Don't put that many in jail. This is not rocket science. Someone has to pay the piper.

Kentucky jails more people than another other state in the union. If Kentucky were a nation it would rank 7th in the world in incarceration of its citizens. It is estimated that from 70% to 80% of those inmates are there for offenses related to drugs. Some serious and some for simple possession or sale of small amounts. People who represent no imminent threat to the citizenry. But we do not need to just ignore them. We need to do the counseling and rehabilitation necessary to free them from addiction and diminish their burden on the treasury. Yes, I know there will be failures but doing this will result in a smaller bill to the taxpayer and, hopefully, a productive citizen for our society.

So, here's My Take. STOP PUTTING SO DANGED MANY PEOPLE IN JAIL. If we are going to put people in jail then we have to pay for it because it is something that we demanded. If you demand that someone come do something for you do you expect to get it for free? And, Magistrates, you have the responsibility for taking care of the county's business and you should do it without being so concerned with re-election. If a constituent complains then either take care of it if the complaint is just or educate the constituent as to the points of the issue. Quite a few issues here in Pulaski County could be dealt with by doing this.

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