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The Costs of Stricter
Laws
Posted
3-15-2005
I often wonder if people
realize the direct association between their demands for stricter laws and
an increase in the cost of government. Sometimes the increase in costs isn't
even at the level of government that makes the laws. I would like to
describe some examples, and I hope the relationship between stricter laws
and the increase in the cost of government becomes clearer.
The clearest example is with
drunk driving laws. Obviously, we do not want intoxicated people driving.
But, an entire industry has sprung up from the changes in drunk driving laws
passed over the last few decades. When the laws changed, we saw an explosion
in the number of cases coming through the criminal justice system. That
meant more prosecutors to try the cases and more public defenders to
represent those who cannot afford private counsel. In Westmoreland County,
it wasn't until the 1980s that assistant district attorneys became full-time
employees. Now, both the assistant district attorneys and assistant public
defenders have formed collective bargaining units, and we end up with an
arbitrator determining their wages.
Because most people convicted
of drunk driving are non-violent offenders, a process was developed to keep
them out of jail, but under supervision. The electronic monitoring system
was developed to monitor offender's behavior without incarceration. That
meant that we had to hire more probation officers to manage the program. We
also had to contract with a company to provide the equipment and monitoring
service. Offenders do pay a fee, but it is not even close to covering the
cost of operations for a larger probation office.
Recently, the drunk-driving
laws have become stricter. It is likely more people may end up incarcerated
because repeat offenders will be dealt with more severely. Also, more
first-time offenders are likely because the level of intoxication for a
violation has also been reduced. The Westmoreland County prison, which a
generation ago held less than 100 inmates, now holds an average of 550. In
recent years, it has occasionally swelled to more than 600 inmates.
The prison itself has been a
major expense for county government. We have worked hard to reduce meal
costs (most recently down to eighty-two cents per meal) and instituted a
rent charge for inmates that brings in some money. But, a larger inmate
population has meant a larger staff, and, as with probation officers and
district attorneys, corrections officers have the right to binding
arbitration. So, we do not set their wages; an arbitrator does.
Another area that has caused
an explosion in the criminal justice system is drug law enforcement. In the
1950s and 1960s, I doubt Westmoreland County had more than a few people
incarcerated for crimes related to drug possession or distribution. Since
the public has demanded stricter drug laws, and the legislature has
accommodated them, the workforce in all the areas I've mentioned has grown
too.
With a larger prison
population, another expense that has grown dramatically is inmate health
care costs. We spend nearly $1.3 million per year on inmate health care,
despite a competitive process to select the most cost-effective private
provider. The County Commissioners Association of Pennsylvania has lobbied
for those who are on medical assistance to continue to have that coverage
rather than have the county governments pay for their health care while they
are incarcerated.
Most recently, we learned of
a new law that creates yet another un-funded mandate to further burden
county governments. Previously, DNA samples were required for only certain
felonies, mainly those related to sex offenses. Now, a much broader range of
felonies will require DNA sampling. In addition to felons that are in jail,
those felons completing probation must also give samples. In our county,
that means literally thousands of people must now give DNA samples. Of
course, the Pennsylvania legislature is not making any money available to
offset our costs. In fact, the state has imposed a $250 fee to be part of
court costs that will be paid to the Pennsylvania State Police to maintain
the DNA records. Who will pay for offenders that cannot pay remains to be
seen.
This latest mandate will
cause us to have not only corrections officers work more overtime, but also
supervisors and the employees that maintain our records. In the early stages
of the new DNA program, our prison health care provider has done the
sampling without requesting more compensation. But, this new policy is not
part of its current contract. If or when we start rolling in more felons to
be tested, our provider will likely look for increased compensation.
In addition to all of the
areas described that have grown from a demand for stricter criminal laws,
the Common Pleas Court itself has grown. As recently as the 1980s,
Westmoreland County had only six judges. Now, there are 11, with four
handling criminal cases exclusively. The commonwealth pays the judges, but
the county pays their staffs. We do get $70,000 per judge to offset staff
salaries, but that does not cover the costs of pay and benefits for those
employees. Overall, every element of the court system -- criminal court,
civil court, and family court -- has grown, placing an increased burden on
county government.
What I have just described
illuminates the complexities of providing government services and at the
same time enforcing tougher laws. There is a cost associated with the
process. If one looks at county government over the past 25 years, it has
been the part that has grown the most. Certainly, the people who work in
these professions expect increased compensation. But since they cannot
strike, the decision of what is "fair" compensation is made by a third party
that has no responsibility in paying the bills. The related materials and
services, from bricks and mortar to monitoring technology, all continue to
cost more. Is the answer a higher level of state funding? That would
certainly make the commissioners' jobs easier, but the state uses public
money too. So you are either paying the commonwealth more or the county
more. The real message is that nothing is free, and, if we want laws that
will bring more people through the criminal justice system, there is an
associated cost that will continue to escalate.
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