Came on Vacation, Left on Probation
Got Jailed on Violation!
Opinion and Political Commentary by Jonathan P. Glassel
As a guest of former Sheriff Rivard in February of 2009, I was incarcerated (ostensibly for recycling without a license) at the Chisago County Jail with a carpenter from St. Paul, a resident of Ramsey County.
This man had gotten a drinking while driving infraction in Chisago County some five years earlier after a fishing expedition on one of our local lakes.
He plead guilty and was sentenced to 180 days in jail and 5 years probation. Thirty days of jail time were served with 150 days "held over his head." He never voluntarily returned to Chisago County.
A few years later, my carpenter friend got another drinking while driving offense in his home county, just a few blocks from his house. He paid a fine in Ramsey County and proceeded about his business.
When Chisago County Probation heard of the new infraction, they brought bring him back to serve the remaining 150 days "held over his head."
My friend tried to have this time served in Ramsey County, so he could continue to work and support his family. However because of the Huber fees charged by Chisago County, it became more cost effective for him to spend the 150 days in Chisago County Jail at a cost to taxpayers of some $15,000.
His family went on welfare in Ramsey County.
As I “interviewed” more inmates, it became apparent that the carpenter’s story was not unusual. Most of my fellow inmates were not residents of Chisago County and most were on lengthy jail stays for probation violations occurring outside Chisago County.
Metropolitan Counties view misdemeanors and petty crime differently than our Judges and County Attorney Janet Reiter, preferring to get the cash in the form of fines rather than costly jail time. While the punishment for Fifth Degree possession of a controlled substance in Ramsey County is a payable fine, Chisago County’s inbred judiciary goes for jail time and lengthy probation.
After a few days in jail, the minor perpetrator returns to the cities, soon forgetting about the probation and remaining jail time hanging “over their head” in Chisago County. Blissfully unaware the Local Prison Industrial Complex is “hell bent” to cram a 40 million dollar jail up our lower extremities.
The Prison Industrial Complex cannot sustain itself without repeat offenders. As such, no efforts are made to rehabilitate offenders or address their addiction. Consequently, offenders will abuse again. It is just a matter of time before they get “busted,” pay their fine in the Metro and are returned to Chisago to burden taxpayers locally.
Chisago County charges about $350 per week in Huber Fees while many other counties charge about $100 per week.
When the fees were established in Chisago County, during a robust economy, they may have made some sense. However, in the current, economic condition, it is just a deterrent to work, whether real or imagined.
The Huber fees collected by Chisago County does not amount to a "hill of beans" over a year’s time, while keeping these people working could save the County in welfare and other areas.
The following is copied from the Minnesota Statutes.
"4. Jail credit shall be awarded at the rate of one day for each day served for time spent in confinement under Huber Law (Minnesota Statutes, section 631.425).
Had my friend from Ramsey County been working; he would have been out 75 days earlier, saving the taxpayers some $7,500. I think 95% of the people of Chisago County would agree. When possible, inmates need to be working and paying taxes, not draining the system of vital resources (money).
If we make these resources (money) available to a man as intelligent, educated and dedicated as our current Sheriff, Rick Duncan, I have no doubt we can run the drug dealers out of our county and keep drunk drivers off the road.
I'm not sure we could ask much more from any mortal Sheriff.
The common denominators linking my fellow inmates are drugs, alcohol and poverty.
All, with the notable exception of myself, were repeat offenders.
My friend Phil, who works at the VFW (Possibly American Legion) Post in Hugo informs me that a person drinking three beers within an hour will "blow .08" and can be jailed for drunken driving.
In my beer drinking days in Texas, my brothers and I would routinely consume a six pack each, after work. I don't recall have any difficulty driving nor would I adversely molest my young bride (Don't come home a'drinking with loving on your mind).
It is estimated that for every DUI or DWI issued, 200 drunk drivers will "get away with it" and not get caught.
Conversely, with 200 to one odds against getting caught, most drunks will take the chance.
Now, if you are poor and drive a poor person's car you are more likely to be stopped by police. As such a poor person's odds are much higher than the person driving the Lexus.
The person driving the Lexus can afford a good lawyer and will never spend any significant time in jail if stopped. This fact was known to former Sheriff Rivard who instructed his officers to follow the path of least resistance, the poor drunk, further decreasing the odds by "running up the score" against the poor.
It costs the taxpayers about $40,000 a year to jail a poor person. Several of my fellow inmates did not beat the odds (several times) and were sentenced to 6 or 8 months in jail.
Perhaps it would cheaper for taxpayers to buy every drunk a new Lexus?
Quite frankly, it is not possible to catch every drunk out there. My goal is zero drunk driving related fatalities in Chisago County. As such, the focus must switch to prevention.
Rivard was never be able to look beyond his "inbred police mentality" to see this fact.
In short, we have the "immovable object" of Law Enforcement and the "irresistible force" of alcohol on a constant collision course of futility.
We cannot stop the "irresistible force" (Prohibition has been tried). However, it can be deflected with the intervention of reasonable people.
Over time, I will relay my thoughts to you in hopes of generating an open and honest debate for the sake of our children, grandchildren and great grandchildren.
We don't want anyone fall victim to the drunk driver. At the same time, we don't want to see our children criminalized for drinking three beers.
Denise Martin Chisago County Press, Mary Helen Swanson North Branch ECM Post Review, Johanna Puelston Isanti Chisago County Star fiefdompolitics written in cowardly anonymity
Tim Okeefe or his wife FishLakeKarpa
