The Sheriff Must Run the Jail, But How Do You Know Whether a Facility Is a Jail?

Last week, the Circuit Court in Milwaukee County rejected the effort of Sheriff David A. Clarke to maintain control over the County Correctional Facility South.  (Judge Van Grunsven’s ruling is available here.)  Although the CCF-S (formerly known as the House of Corrections) was run for decades by a superintendent who was independent of the Sheriff, the County transferred control over the CCF-S to the Sheriff in 2009 as a result of security concerns at the facility.  However, the new management proved less than satisfactory to some important stakeholders.

Conflict over Clarke’s administration of the CCF-S seems connected to a wider ideological conflict between Clarke and other County leaders over the incarceration of relatively low-risk criminal offenders, with Clarke taking a very critical position regarding various criminal-justice initiatives that might be grouped under the heading “evidence-based decision making.”  (Background on the conflict is here; my critique of some of Clarke’s views is here.)  Clarke has been unsupportive of treatment programs and alternatives to incarceration, and his administration of the CCF-S has apparently reflected this perspective.  Finally, through its 2013 budget, the County Board decided to transfer control of the CCF-S back to a superintendent.  Clarke’s control over the downtown jail, which has been his all along, remains unaffected.

Clarke sued the County in order to block the transfer.  

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Wisconsin #1 in Black Incarceration; How Did We Get Here?

new report from the UWM Employment and Training Institute shows that Wisconsin leads the nation in incarcerating black males.  Based on data from the 2010 U.S. census, Wisconsin incarcerates about one in every eight of its black men between the ages of 18 and 64.  This includes individuals held in state and local correctional facilities.  The Badger State’s black incarceration rate is, in fact, about one-third higher than that of the second-place state, Oklahoma, and nearly double the national average.

Wisconsin also leads the nation in incarcerating Native-American males, but its white-male incarceration rate (one-tenth of the black rate) closely tracks the national average.  Wisconsin’s Hispanic incarceration rate is actually below the national average.

The Milwaukee County data are particularly striking: more than half of the County’s black males between the ages of 30 and 44 have been or currently are housed in a state correctional institution.

Is this a recent phenomenon?  I’ve taken a look at some historical data on racial disparities for my three-states research.  The following graph indicates that Wisconsin has been above Indiana and Minnesota for some time in black imprisonment (that is, prisoners per 100,000 residents), but that the current wide gap did not really open up until after 1990: 

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SCOTUS Weighs in on Forced Blood Draws in DUI Cases

In the wake of today’s decision by the U.S. Supreme Court in Missouri v. McNeely, DUI defense attorneys across the land are doing the “happy dance.”  Prosecutors (both state and federal) on the other hand are rending their garments and hair trying to figure out how to deal with the high court’s ruling that forced blood draws in most DUI cases will now require warrants, and the flood of “refusals” sure to follow as the implications of the case filter out to the public.

Wisconsin’s approach, first established in 1993 in State v. Bohling and then reinforced in 2004 in State v. Faust had been to allow warrantless blood draws in drunk driving cases after several criteria were met, including the presence of  probable cause for the officer to believe the driver under investigation had indeed been driving under the influence of alcohol. The key factor that drove the Wisconsin interpretation was the fact that the blood alcohol level of a drunk driving suspect is continually shifting and dissipating from the time the driver is apprehended, and the extra time it takes to procure a warrant incontrovertibly causes BAC evidence to be lost.

Wisconsin’s rationale had recently served as a kind of dividing line in the national debate about warrantless blood draws. 

Continue ReadingSCOTUS Weighs in on Forced Blood Draws in DUI Cases