By Gil Cranberg
Once a leader, Polk County
now looks for help
What a difference a few decades
make. For years, beginning in
the 1960s, Polk County was in
the forefront of criminal-justice
reform, hosting visitors from
across the country who flocked
here to learn from the county’s
success in diverting people from
jail. How far the county has slipped
is shown by the recent news report
about how most “key Polk County
officials have toured Hillsborough
County (Tampa) over the past few
months” to learn from that county
how to hold down the inmate count.
Polk County’s earlier success
was built around the strategy
of using the time between arrest
and sentencing to influence the
disposition of cases by qualifying
the accused for probation. (Disclosure:
I had a hand back then in planning
the jail-diversion program.) Release
on recognizance replaced heavy
reliance on bail bondsmen. That
enabled poor people to benefit
from the program’s pre-trial services,
thus evening the scales of justice
and reducing incarceration. The
program measurably cut imprisonment
by assisting the accused, usually
indigents, who had little to commend
them for probation, to “build
a record” during the pre-trial
period to persuade sentencing
judges that it made more sense
to allow them to work and receive
rehabilitation services in the
community then to be warehoused
in prison.
The National Council on Crime
and Delinquency lauded the program
for enabling defendants “to live
useful lives while awaiting trial
instead of wasting time in overcrowded
jails.” The U.S. Department of
Justice designated it an “exemplary
project” and urged that it be
widely replicated. The Iowa Legislature
spread the program statewide.
And when it came time to replace
the county’s antiquated 130-bed
jail in the early 1980s, planners
figured a 180-bed facility would
be adequate.
Then, for multiple reasons,
things began to go terribly wrong.
Today, ads for bail bondsmen fill
the Yellow Pages. The “new” jail
is swamped, with the overflow
filling an interim jail and hundreds
more prisoners are being housed
elsewhere in Iowa and Missouri.
A new jail is set to open soon
with room for more than a thousand
inmates, most of whom simply will
be awaiting disposition of their
cases.
A measure of how far Polk County
has strayed from its status as
a model is the way that judges
resort to the retrograde, and
possibly unconstitutional, practice
of requiring cash-only bail. That
can only make it harder to win
pre-trial release and easier to
fill up the new jail when it opens.
The county now has created a
Criminal Justice Coordinating
Council to try to put into practice
what was learned in Tampa. More
helpful would be to revive the
willingness to take risks and
the spirit of innovation that
once made the county’s criminal
justice system noteworthy.
Judge Leo Oxberger, now retired
from the Iowa Court of Appeals,
and Dan Johnston, former Polk
County attorney, were important
catalysts for change in those
days. Their expertise and institutional
memories ought to be tapped to
help get the county’s criminal-justice
system back on track. CV
(Gil Cranberg is the former editor
of The Des Moines Register’s opinion
pages.)
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