Archive for March, 2010

A primer in reducing prison populations

Wednesday, March 31, 2010

A new report by the The Sentencing Project offers four examples of states that have reduced their prison populations significantly over the last decade, even as the overall number of people in state prisons has grown nationally by 12 percent.

Between 1999 and 2009, New York and New Jersey have reduced their state inmates by 20 and 19 percent, respectively. Kansas has cut its prisoners by five percent in six years, while Michigan experienced a 12 percent drop between 2006 and 2009.

As I’ve noted before, the challenging economy has certainly forced cash-strapped states to look for ways to save money, and incarceration is very expensive. But the reductions highlighted by this report may reflect changing attitudes towards sentencing, authors Judith Greene and Marc Mauer note.

As states around the nation grapple with the effects of the fiscal crisis a major area of attention has been the cost of corrections. Over the past 25 years the four-fold rise in the prison population has caused corrections expenditures to escalate dramatically. These increased costs now compete directly with higher education and other vital services within a climate of declining state revenues.

Even prior to the onset of the latest fiscal crisis, though, legislators in many states had become increasingly interested in adopting evidence-based policies directed at producing more effective public safety outcomes. In contrast to the “get tough” climate that had dominated criminal justice policy development for many years, this new political environment has focused on issues such as diversion of people charged with lower-level drug offenses, developing graduated sanctions for people on probation and parole who break the rules, and enhancing reentry strategies.

Despite these developments, prison populations have continued to rise in the past decade, albeit not as dramatically as in the preceding decades. From 2000-2008 the number of people incarcerated in state prisons rose by 12 percent from 1,176,269 to 1,320,145, although with a broad variation around the nation. At the high end, six states expanded their prison populations by more than 40 percent – West Virginia (57 percent), Minnesota (51 percent), Arizona (49 percent), Kentucky (45 percent), Florida (44 percent), and Indiana (41 percent).

By the end of this period, growth in state prisons appeared to have largely stabilized. In 2008, the national total remained steady, and 20 states experienced a modest reduction in their populations that year.

While a growing trend towards stability may be emerging, this development needs to be assessed in context. Even if there should be a leveling of population growth, that would still leave prison populations at historic highs that are unprecedented in American history or that of any other democratic nation. The consequences of such a situation for fiscal spending, public safety prospects, and impact on communities is very troubling.

That’s right, folks, while the number of prisoners was shrinking in some states, West Virginia led the nation in growth of prisoner population. Does anyone really believe that there was a 57 percent jump in the number of crimes committed here over the last decade?

I’ve listed some of the successful methods in reducing the number of inmates listed in the report after the jump. (more…)

Bayer, OSHA settle case over fatal 2008 explosion

Wednesday, March 31, 2010

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Photo by Tom Hindman, Charleston Daily Mail, via AP.

We’ve got the story in today’s Gazette that Bayer CropScience has agreed to pay OSHA fines of $143,000 related to the 2008 explosion and fire that killed two workers at the company’s Institute chemical plant.

That’s the same as the original amount that OSHA fined Bayer following its investigation of the Aug. 28, 2008, incident in the Institute plant Methomyl unit.

But, OSHA agreed to reclassify one of the two “repeat” citations issued to Bayer as a “serious” citation, and dropped four of the other serious citations. For those who want to take a closer look, we’ve got the original citations posted here and the settlement document from OSHA posted here.

In the other most recent case involving deaths at the Institute plant, OSHA in August 1996 settled a case that originally had a $1.59 million fine attached to it for $700,000, and dropped 11 of the original 27 citations, including 10 that had been listed as “willful” by OSHA inspectors.

Bayer issued a press release this morning that included these quotes from Institute plant manager Steve Hedrick:

We have cooperated fully with OSHA during its investigation of this accident. We also have worked with OSHA to resolve the citations and have implemented changes that already address several of the process safety issues raised by the agency.

We share with OSHA the objective of improving the safety of our workplace. The Institute Industrial Park’s highest priority is the safety of our employees and the community.

More on drug overdoses in West Virginia

Tuesday, March 30, 2010

Last week, the Centers for Disease Control and Prevention released some pretty disturbing figures about overdose deaths in America. The number of deaths from drug overdoses has never been higher, according to CDC figures.

This reinforces earlier information that recreational drug use in rural areas, while not as prevalent as urban and suburban drug use, is deadlier.

Other key findings:

  • In 2006, 26,400 unintentional drug overdose deaths occurred in the United States.
  • Drug overdose deaths were second only to motor vehicle crash deaths among leading causes of unintentional injury death in 2006 in the United States.
  • Rates of drug overdose fatalities have quintupled since 1990.
  • Among deaths attributed to drugs, the most common drug categories are cocaine, heroin, and a type of prescription drug called opioid painkillers.
  • “Opioids” are synthetic versions of opium. They have the ability to reduce pain but can also suppress breathing to a fatal degree when taken in excess. Examples of opioids are oxycodone (OxyContin®), hydrocodone (Vicodin®), and methadone.
  • There has been at least a 10-fold increase in the medical use of opioid painkillers during the last 15 years because of a movement toward more aggressive management of pain.
  • By 2006, opioids were involved in more overdose deaths than heroin and cocaine combined.
  • States in the Appalachian region and the Southwest have the highest death rates.

Alarmingly, in 2006 West Virginia tied with New Mexico for the highest rate of overdose deaths (at 19.1 deaths per 100,000 population). West Virginia fares worse than Kentucky (15.7), Tennessee (14.0), Pennsylvania (12.3), Ohio (11.6) and Virginia (6.4).

More information from the CDC on drug overdoses can be found here, including:

  • From 1999 through 2006, the number of fatal poisonings involving opioid analgesics more than tripled from 4,000 to 13,800 deaths.
  • Opioid analgesics were involved in almost 40% of all poisoning deaths in 2006.
  • In 2006, the rate of poisoning deaths involving opioid analgesics was higher for males, persons aged 35-54 years, and non-Hispanic white persons than for females and those in other age and racial/ethnic groups.
  • In about one-half of the deaths involving opioid analgesics, more than one type of drug was specified as contributing to the death, with benzodiazepines specified with opioid analgesics most frequently.

DuPont’s C8 pollution from Parkersburg traced all the way to Ohio River at Cincinnati?

Tuesday, March 30, 2010

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U.S. Environmental Protection Agency officials are pushing DuPont Co. to conduct more widespread C8 water testing, based at least in part on data that indicates “elevated levels” of the chemical in the Ohio River as far away from DuPont’s Parkersburg plant as Cincinnati.

That’s what local journalist Callie Lyons reported late last week on her blog:

The EPA is trying to learn how DuPont’s C8, also known as PFOA or perfluorooctanoic acid, has made it so far away from Washington Works near Parkersburg, West Virginia. The chemical has been used there for more than fifty years to make Teflon and other stain-resistant, nonstick surfaces and applications – hundreds of applications used in thousands of consumer products.

Cincinnati Water Works has been tracking C8 in the river since 2005 when they detected levels of 100 parts per trillion – a number that exceeds the New Jersey Department of Environmental Protection health-based action level of 40 parts per trillion.

Callie cites, among other things, a copy of a March 3 letter from EPA to DuPont in which federal government officials outline a variety of concerns about plans for any future C8 testing by the company.

I’ve been unable to get much about this out of EPA’s spokesman on C8 issues, Dale Kemery. But Callie was kind enough to pass on a copy of the March 3 letter, so I’ve posted it here.

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Race to the Top feedback comes back

Monday, March 29, 2010

The state Department of Education received feedback on its unsuccessful bid to become a finalist for Race to the Top, the Obama administration’s $4.35 billion competition for federal education dollars.

State Superintendent of Schools Steve Paine issued a statement Monday, which included:

“According to the U.S. Department of Education, the areas in need of improvement in West Virginia’s educational system are personnel laws related to teachers and principals, charter school legislation, and student test scores on the National Assessment of Educational Progress (NAEP). The West Virginia Board of Education and I will carefully scrutinize the evaluation and make recommendations to the Governor so that our state is better positioned for phase two of the competitive grant process.”

Earlier this month, Gov. Joe Manchin said education is falling behind in West Virginia and he strongly urged state Board of Education members to step up and take a lead on issues like charter schools, further changes to the school calendar and other matters. West Virginia does not have a charter school law, but the legislation could come up in a special session this spring.

The feedback can be found near the bottom of this page.

   

   

 

 

Secret meetings, March 26, 2010

Friday, March 26, 2010

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It’s a great week for open government in West Virginia, at least as far as public notice of meetings is concerned. Today’s issue of The State Register didn’t contain a single meeting that violated the public notice requirements of West Virginia’s open meetings law.

As we’ve reminded folks before, the West Virginia Open Governmental Proceedings Act requires agencies to send meeting notices to the Secretary of State in time for notices to appear in the State Register five days prior to a scheduled meeting. Every week, we list the agencies that didn’t comply, thanks to the Secretary of State’s office, which kindly marks those agencies with an asterisk in the list of meetings published each Friday in the Register.

What we’re reading: Police investigating police; embed culture in Afghanistan; parents smoke and children get asthma

Thursday, March 25, 2010

Here’s this week’s installment of stories that made us take notice:

A police-led investigation into the shooting of an unarmed pastor in Georgia by members of a drug task force failed to uncover that one of the officers involved wasn’t properly certified to even carry a gun, writes reason.com’s Radley Balko. Three masked, undercover officers swarmed Jonathan Ayers after he used an ATM, and they shot him after he grazed an officer with his car as he tried to get away, thinking that he was being robbed. “[T]he aggressive and short-sighted apprehension of Jonathan Ayers that led to his death [is] bad enough. That a police officer untrained in the use of lethal force and unqualified to be holding a badge and gun was put on a narcotics task force, and then placed in a position where he was able to shoot and kill a non-suspect is worse,” Balko concluded. “But the kicker has to be that the subsequent police-led investigations of this high-profile case failed to turn up such a critical piece of information. It ought to cast more doubt on the already dubious notion that police shootings should only be investigated by other police officers.”

Atrocities committed by U.S.-led military forces in Afghanistan — and subsequent misinformation from official sources — are often unreported, unquestioned and unchallenged by a press corps that has become caught up in “embed culture,” says Jerome Starkey, who reports from Afghanistan for the Times of London, in this commentary published by neimanwatchdog.org. Some reporters, constrained by security policies set in far-off newsrooms and dependent on their military hosts for food, shelter and protection, “prefer access to truth,” Starkey writes.

Parents’ cigarette smoke gives 15,000 kids asthma every year in the United Kingdom, according to a new report from the Royal College of Physicians. Even more develop chest infections and ear problems because of their parents’ second-hand smoke, the Guardian reports.

From delaying votes to delaying hearings

Wednesday, March 24, 2010

I’ve written before about how long it can take for the entire senate to give consideration to judicial nominees — even non-controversial ones — after they’ve passed out of committee. Recent developments suggest that it may be getting harder to even get a hearing in front of the Senate Judiciary Committee in the first place.

Today, at the behest of Judiciary Republicans, Chairman Patrick Leahy (D-Vt.) agreed to delay the scheduled hearing for two judicial nominees from California. In so doing, he released a statement blasting the maneuver as “petty, partisan politics.”

patrickleahySenate Republicans’ tactics of obstruction and delay know no limit. They have objected to reasonable timetables to consider President Obama’s qualified judicial nominees, and now they are objecting to allowing the Judiciary Committee to conduct hearings in connection with these nominations. Senate Republicans continue their ill-advised protest of meaningful health reform legislation by exploiting parliamentary tactics and Senate Rules, to the detriment of the American people and, in today’s instance, at the expense of American justice. I urge them to reconsider and allow this hearing to proceed as scheduled.

I have accommodated requests from Judiciary Committee Republicans to delay the Committee’s hearing to consider Professor Liu’s nomination. I had intended to hold this hearing two weeks ago, but instead scheduled a hearing for Judge Robert Chatigny, a nominee to the Second Circuit Court of Appeals. When Republicans who had agreed to proceed on the Chatigny nomination then reversed themselves and asked that I postpone the hearing on that nomination, I did so as a further accommodation to them. Those accommodations have met with the same Republican stonewalling we have seen in our efforts to consider judicial nominees since President Obama was elected, including the stalling of 22 judicial nominees favorably reported by the Judiciary Committee and awaiting final Senate approval. Sixteen of those judicial nominees were voted out of Committee without opposition and yet the delay and obstruction continues.

Meanwhile, the number of judicial vacancies continues to grow. Right now, there are 102 vacancies, with 37 nominees pending. On Feb. 1, 2009, just days after President Obama took office, there were 59 total vacancies. So, in the 14 months that Obama has been in office, there have been more vacancies created (43) than filled (19, which includes Associate Supreme Court Justice Sonia Sotomayor). At this rate, by the end of this term, there will be 82 vacancies — or more than nine percent of the 876 federal judgeships. (more…)

Obama moves to fill Chemical Safety Board seats

Tuesday, March 23, 2010

President Obama yesterday moved to fill two empty seats on the U.S. Chemical Safety Board, and to put in place a new chairman of the CSB.

Obama nominated Rafael Moure-Eraso to serve as board chairman and Mark Griffon to fill another vacant seat on the CSB.

Some labor unions have been pushing for new leadership at the CSB, and these candidates will likely please organized labor.  Moure-Eraso has ties to the Oil, Chemical and Atomic Workers union, now part of the United Steelworkers, and the Steelworkers — as well as a number of environmental groups — have supported Griffon for the CSB post.

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Rural drug use: deadly, and getting deadlier

Monday, March 22, 2010

The Senate Judiciary Committee hit the road today to hold a hearing on drug-related crime in rural areas in Chairman Patrick Leahy‘s home state of Vermont. There was some pretty compelling testimony, which I’ve excerpted and linked to below.

First, from R. Gil Kerlikowske, director of the Office of National Drug Control Policy, who noted that in 2006, the last year data was available, “drug-induced deaths surpassed gun-shot wounds and now rank second only to motor vehicle crashes as a cause of injury deaths in our country.” He continued:

In 2008, Americans living in rural areas used illicit drugs at lower overall levels of current use (approximately 6 percent) than their counterparts in suburban and metropolitan areas (8-9 percent). Rural Americans also show lower rates of diagnosable drug abuse and dependence. However, closer inspection of the data reveals some concerns about rural drug use.

Youth in rural America show higher rates of use, particularly for methamphetamines, prescription pain killers and alcohol. Data show that 2.9 percent of young adults, ages 18 to 25, use methamphetamine in the most rural areas. That rate is nearly double the 1.5 percent of young adults using meth in urban areas. This pattern is similar for OxyContin, with 2.8 percent of young adults in the most rural areas abusing these drugs, compared to 1.7 percent of urban young adults. The latest data also show that youth in the smallest rural areas binge drink at higher rates than their peers in suburban and metropolitan areas. Additionally, children aged 12 to 17 from the most rural areas are more likely to have used alcohol, engaged in heavy drinking and driven under the influence. These differences are significant and pose unique challenges in rural communities.

One of the most alarming issues in rural areas is the rate of overdose deaths. Rural communities have experienced significant increases in overdose death rates, rapidly outpacing the rate increases in urban and suburban communities. These deaths are largely attributed to the rise in misuse of prescription painkillers. The latest study available from the Centers for Disease Control and Prevention (CDC) examining data from 1999-2004 shows that overdose death rates in predominantly rural states are higher than in more metropolitan states. Vermont, Maine and West Virginia all experienced significant increases in overdose death rates during this time: 164 percent, 210 percent and 550 percent respectively.

Col. Thomas L’Esperance, director of the Vermont State Police, described how Vermont uses drug task forces drawing from various law enforcement agencies, an approach that is also used in West Virginia.

Several years of wide spread focus using this strategy resulted in substantial drops in heroin arrests and for a period of time the demand for the drug subsided. Although we made great strides against heroin we know now that the powerful pain medication oxycodone, commonly found in the prescription drug OxyContin, quickly moved in to take its place on the street. The diversion of prescription narcotics is one of the greatest challenges we now face in Vermont. OxyContin has become as widespread and available as heroin or crack cocaine. With the increase in demand for narcotics such as OxyContin we are also seeing a spike in the number of heroin cases state wide. In the past 16 months there has been a 115% increase in the number of heroin cases conducted by the Drug Task Force. This can be attributed in part to the increase in OxyContin addictions in the state and the fact that comparatively the street value of a bag of heroin is generally less than half the value of one 80mg OxyContin pill.

His description of how heroin is undergoing a bit of a resurgence, particularly as an alternative for oxycodone users, sounds familiar, doesn’t it? (more…)