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Monday, January 14, 2008
Restitution, an over looked Solution
Posted by Justin Jeffre
In the battle over the jail tax, proponents created more fear than actual solutions. Hamilton County Prosecutor Joe Deters obviously thinks restitution works pretty well for his family, but it seems like a good alternative to jailing some people that remains underutilized. If you’ve had something stolen, damaged or destroyed there’s a good chance you’d rather see your possessions fixed or replaced rather than simply sending someone to jail.
Deters (one of the Republicans who will not be opposed because of Todd Portune and the Democratic Party’s backroom wheeling and dealing with the Grand Old Party) says that crime is rampant in Cincinnati. And because Hamilton County voters rejected a nearly a billion dollar bipartisan jail tax, city residents can expect our city to become increasingly “unsafe”.
But there are probably many more situations where instead of sending people to jail, an agreement to compensate victims for loss, damage or injury may be a better outcome for all parties involved and another good way to free up more jail space. Now, some of you might say all vandals should be locked up (even if they are 63 year old ladies) and we should throw away the keys, but surely there are some circumstances where victims might prefer an alternative, like Deters’ son and brothers for instance.
This is just one example of the kind of solutions that should be discussed during the electoral process. Of course the electoral process is supposed to foster deep discussion and debate about the direction of our county. But instead of fostering debate and discussing alternative solutions, the two–corporate party-dictatorship continues the fear mongering rather than working to improve efficiency in the criminal justice system.
Deters knows restitution is often a better alternative than sending someone to jail, so why isn’t he using it more? That’s just one question you won’t get to hear on the campaign trail thanks to the backroom deals by corporate party bosses. These undemocratic arrangements reward business as usual instead of holding our public servants’ feet to the fire and encouraging innovation through healthy competition.
It’s as if our public servants think they deserve a pat on the back and a free pass more than we the people deserve to have real choices and innovative solutions. One can only hope some independent voices jump in these races to challenge the status quo and pressure our public servants to give us better solutions instead of just the finger pointing and a blame game we’ve become so accustomed to.
Some people say we get the government we deserve. I say we deserve a better plan, more voices and more choices.
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14 Jan 2008 at 07:41 am | #
Restitution+Detention=A Happy Population
Restitution only makes the victims loss whole; detention provides the punishment.
14 Jan 2008 at 08:46 am | #
Justin, the entire situation is beyond maddening. With the power structure as entrenched as it is, can you say how independents, probably independents lacking name recognition and big bucks for their campaigns, can hope to make our public
servants feel even the slightest amount of pressure to change the status quo? At best, wouldn’t the power structure simply view them as annoying gnats to swat at for sport?
14 Jan 2008 at 12:29 pm | #
Anonymous, I think Greg Hartmann is weak and many voters who might typically have preferred Portune or Hartmann to an independent don’t like these backroom deals and might punish them by voting for somebody else, especially if they have a good platform.
Let’s say for argument sake that Jim Tarbell threw his top hat in the race, Hartmann would be in real trouble. Hartmann doesn’t have charisma and isn’t a good politician. I think Greg Harris could’ve beat him. Tarbell has good name recognition, can raise money and could easily stomp him and this deal. Even people who don’t think much of Tarbell would likely get on board. Even the party faithful feel betrayed by such undemocratic behavior.
More importantly, the media-especially broadcasters that use our public airwaves-should be forced to cover the race in a fair or balanced way. There’s no reason why elections should be auctions that are based on PR ads and big media buys.
Broadcasters have elevated themselves to kingmakers and they make a killing off of holding the public airwaves hostage. This must be challenged because with the free use of our public airwaves comes a responsibility to serve the public interest. Surely our elections fit into the category of the public interest.
14 Jan 2008 at 01:10 pm | #
Oh, but there’s more from Deters.
I agree with Deters here.
But the he says this.
Deters must not be paying attention. Council gave Streicher money and he didn’t even spend it all and he certainly didn’t spend it on the things he should’ve.
14 Jan 2008 at 02:01 pm | #
JFD, even a combination of the two would likely mean less jail time and free up space. I can think of many instances where victims would prefer that. Also, using more community service for nonviolent offenders would make more sense than locking up people who really aren’t a threat to society. It’s cheaper, more productive and more humane.
14 Jan 2008 at 09:15 pm | #
I think they should make those three kids who robbed the Boy Scouts become Boy Scouts.
Unfortunately, we are going to lock them up and throw away the key. A waste all around.
And Deters gets his talk tough moment in the sun.
I really dislike that man.
15 Jan 2008 at 12:11 am | #
Until we clean up the political corruption - the highest form of white collar crime - we should stop talking about petty drug possessions .
When Dirty Deeds Deters does his time along with the rest of his staff from the Treasurer’s Office - then, let’s talk about the guy with the joint
15 Jan 2008 at 09:51 am | #
The concept of using more Restitution, or even beyond that, deploying the process of Restorative Justice, is one of the many alternate solutions being seriously by the Criminal Justice Commission Commissioner Pepper and I created. I expect that implementing a Restorative Justice component will be one of the elements of our ongoing effort at addressing the crime, criminal justice and corrections issues in the county.
I am hoping to release an approach that addresses our needs and that is responsive to the will of the people as expressed through the vote on Issue 27 by the middle of February. Discerning exactly what that “Will” is may prove tricky inasmuch as the opposition coalesced for a variety of different underlying reasons united by opposition to a tax. We saw a little of that last night where a contingent of speakers at the county’s Public Hearing on the state capital bill urged us to use our entire request for new money for jail construction, led by Ed Rothenberg who added we need to add a minimum of 500 more beds to the county system.
Nonetheless, I expect that we will present an approach that responds to the Vera Institute assessment of our population and that includes a heavy investment in Intake and Assessment; Restorative Justice and Rehabilitation; alternative sentencing; legislative changes producing revised standards for construction and amnesty for old low level crimes; work release; and community based treatment.
Much of the balance of the article addressing “deals” between the local Republican and Democratic Parties contains a heavy dose of conjecture but very little fact. The fact is there was no deal in the Deters or Owens races, nor in many of the judicial races for which there is no opposition. The Democratic Party simply had no candidates to run in those races.
As an aside, the concept of political parties brokering arrangements, or running shorter slates to maximize their strengths in the races where they have candidates is nothing new. In the Cincinnati City Council races for example the Parties are always running short slates to devote their time and attention to the races they think they can win thereby conceding seats to the opposition. Charter rarely runs more than three while the Democrats and Republicans will occasionally run 9 and just as often run fewer than 9.
As for the Commission races this year, I was unaware that there was any effort to put a “deal” together by the Chairs of both parties until Wednesday January 2nd. On that day I was told that an effort was being broached on Hartmann’s behalf that would also eliminate any endorsed opposition to me. I already had Republican opposition in the form of Ed Rothenberg. The facts were the Republicans were struggling to find a candidate they would endorse who would run against me and the Democrats were similarly struggling to find any candidate willing to run. Greg Harris agreed to do so if it would help the Party’s interests but his heart was not in running another race. Greg could have run if he wanted to and he was not forced to do anything. Ask him. He’ll tell you that. He rejects Kevin Osborne’s portrayal of him as a victim in City Beat.
On Thursday January 3rd Tim Burke tried to line up a meeting with me, Greg Harris and Martha Good at Burke’s office. I was unable to attend because I was at Children’s Hospital with my daughter who had surgery that day. I called in to Burke from a waiting room at the hospital and I was told that there would be no “deal” because George Vincent said he would not make any deal. The conversation I had with Burke lasted less than 5 minutes.
After midnight Thursday night I received a phone call saying that Vincent might be interested after all. Burke agreed to call Vincent the next day and on Friday the 4th I was told that the Republicans would not run an endorsed candidate against me. Harris, who didn’t really want to run anyway, was not going to run. We had no other candidates as all other interested county candidates were locked into other races. That’s all there is to it as far as I know.
From my vantage point, I am doing all that I can do by running for office. I have an opponent. My job is to win the race. I leave the other business of the Party to the Chair and Officers. My focus is on running the best race I can and doing the best job in office that I can.
I reject the notion that has been promulgated by some in the media that I have some sort of obligation to make sure I have credible opposition. That’s ludidcrous. It is hard enough to run county wide and harder still no matter the circumstance to win as a Democrat no matter the opponent. And I take my opponent seriously. I have an opponent and had one already when these discussions took place. How many opponents am I supposed to have? From some of the commentary its as if I need to raise money for my opposition to make sure they have a fair fight.
As I candidate I try to get support from many quarters. I am not ashamed that I have broad bi-partisan support but instead am proud of it and view it as proof of having done a good job. Part of the Republican Party’s difficulty in running opposition against me is that I have done such a good job across the board, especially helping many of the smaller jurisdictions in the county that are mostly lead by Republican mayors, councils or trustees who support me.
I know the Beacon has taken me to task over Issue 27. Fair enough, even though it did attempt to introduce reforms of the criminal justice system and more necessary treatment. People felt we did not go far enough and I understand that. But I have a broad, strong and long record on other issues in support of the things that are routinely endorsed in this publication. For example, I reviewed the NAACP Report Card on issues affecting the African American Community during the city council race and my record on those same issues was 90% with Issue 27 being the only blemish on the record.
Tomorrow I am releasing a broad Agenda for the county for 2008 that is heavy on the things we both support. The bottom line being the current Democratic majority is taking the county on a Progressive path that it has never been down before.
If this year’s lack of endorsed opposition helps me to be more aggressive on a progressive agenda I view that as a positive benefit. If it helps me concentrate my help and devote some of my resources on other races, like embracing Norma Holt Davis in her race against Pat DeWine, which I plan on doing, that is a benefit. Or the same can be said in taking on the county Treasurer and trying to elect a Democratic Treasurer. As a Party our two main county goals this year were to retain the majority and pick up one other office - preferably the Treasurer. What is in place helps us accomplish as a Party both goals.
Thank you for listening.
Sincerely,
Todd Portune
15 Jan 2008 at 08:22 pm | #
Actually, it wasn’t just Kevin Osborne of CityBeat who said that Greg Harris was upset at the deal. From Howard Wilkinson’s article in the January 5 [1]Enquirer:
That sure doesn’t sound to me like someone who is relieved that they don’t have to run.
15 Jan 2008 at 08:31 pm | #
Gee, what is it about the Treasurer that makes it so important that he be defeated? Could it possibly be the fact that he was the only other county elected official to oppose Issue 27?
Why was Republican Charlie Winburn getting ready to run against Republican Pat DeWine and not Democrat Todd Portune? That is, until Pat DeWine said he wasn’t going to run?
Why was Republican Rothenberg disowned by the Republican party for daring to run against Todd Portune?
Is there any Democratic challenger to Simon Leis?
Are all of these coincidences?
16 Jan 2008 at 01:31 am | #
I still don’t get why Portune would work so hard to communicate honestly and so candidly with those who bashed him - it just amazes me...I guess this is why Portune does garner so much support across the board. He isn’t the typical politician. We have become so skeptical after the ole boys network for so long - I think we are so accustomed to manipulation we see it in everything and everyone. I think Portune has proven himself time and time again.
I don’t agree with him on everything - but I can’t think of a politician locally or nationally that has his credibility.
Chop up his effort to open the doors of communication all you want - just show me one other man willing to put himself out there and take it on.
16 Jan 2008 at 01:45 am | #
The County Treasurer has failed to demand payment of woefully delinquent property taxes during his entire tenure. The Treasurer is responsible for assuring that departmental funds are disbursed according to law - during his tenure the county has been found liable to re-pay millions in funds because nobody was minding the store/bank. The treasurer cares for our fiscal soverignty, where was he and what stand did he make when the stadiums were built? (Watching a game from a private suite?)
We need a new fiscal mentality to deal with the lapses of the last decade. Someone who will speak up, bring some game to the table and not rest on his laurels when huge economic decisions are being debated.
On a personal level - he’s a nice guy. As a representative of county residents, we need new blood, new ideas, proactive representation, imagination and ingenuity.
(And what’s up with Rothenberg? He derails the CSP but still wants taxpayers to pay for a bigger jail without addressing the other issues? Does he not realize that by robbing Peter to pay Paul ( shell game with which fund the taxpayer pays out of)he’s just taking money from one program/agenda for another? Real good policy there LOLOL
16 Jan 2008 at 01:56 pm | #
16 Jan 2008 at 03:15 pm | #
What’s this? Communication is just one way? Are the Enquirer, CityBeat, and the Beacon colluding? Mr. Portune is welcome to give his side of the story, and he has done so. And we are free to respectfully say that we think something else.
Aw, this is too easy. For example there was Justin Jeffre and (ahem) myself, not to mention Tom Brinkman, Pat DeWine, and Robert Goering (the county treasurer). All stood up to the Republican Party, the Democratic Party, the Enquirer, the Post, the Charter Party, and many others.
16 Jan 2008 at 04:22 pm | #
No MEP, what I suggest is that families who are in dire straights such as the elderly, disabled and impoverished who once had the credit to buy their homes - and still have the credit to get a loan or reverse mortgage to pay off their tax debt, do so. In the long run, the reverse mortgage or loan may deplete their base resources LESS than the fines, fees and costs they are currently incurring.
The Homestead Exemption is a good program - but it is not enough for alot of families, it needs to be expanded to meaningful levels to produce real relief for families in truely difficult situations.
Corporations and business owners however, who have the income or assets but chose to use the county property tax as a tax shelter of sorts, need to pay up.
I’m certain the county doesn’t want to contribute to the increasing foreclosures - but there are dead beats who just won’t pay - who can.
17 Jan 2008 at 12:24 pm | #
I have heard the comment that there are tax deadbeats out there and that the county will not foreclose on them, but as I said there were 19 pp of small print listing property tax foreclosures in the Enquirer recently. So where, specifically, is the problem? The only one that I have heard of is the fixed-income elderly who cannot afford escalating property taxes. A reverse mortgage may make more financial sense for them, but understandably many may not agree. Are we to force the elderly out of their homes because they refuse to remortgage their homes, especially while we are in the midst of mortgage meltdown?
As for corporations using the county property tax as a tax shelter (whatever that means), readers should be aware that commercial property is taxed at a much higher rate than residential property. Unless, of course, one is favored by Cincinnati or the county and have their property taxes abated in full or in part.
The bottom line is that there are, indeed, wealthy individuals and corporations who pay little property taxes because of whom they know, and many others who are facing foreclosure because they don’t have those connections.
The solution is NOT to force more small businesses and homeowners into foreclosure. The solution is to have a fair tax for all.