2 counties, 2 methods of punishment

Muskegon sends most criminals to prison while Kalamazoo puts focus on rehab, community service.

Charlie Cain / Detroit News Lansing Bureau
Tuesday, April 15, 2008

Muskegon and Kalamazoo counties take different approaches to crime.

In cases in which judges have the option of sentencing convicts to less costly, community-based programs, Muskegon County tends to ship a greater percentage to state prisons.

The approach reflects the philosophy of Tony Tague, the county's 20-year prosecutor. Tague makes no apology for his tough-on-crime stance, which he said has made his community safer.

Over the years, Tague has gotten favorable national attention for his hard-nosed approach, which earned him the nickname "Hang 'em High Tony."

Kalamazoo County takes a different tack. There, community-based sanctions are seen as more economical, and more likely to deter convicts from becoming repeaters.

Grace Kalafut, a former police officer who directs the Kalamazoo County Community Corrections Advisory Board, says some call the somewhat forgiving approach "hug a thug." But she says her community believes you should think twice about sending someone to prison, because you might not like the person who comes out of it -- with criminal skills sharpened by the prison setting.

State corrections officials, eyeing ways to cut the $2 billion budget, aren't saying which is the more effective approach. But an ongoing study of Michigan policies led by the Council of State Governments Justice Center will take a closer look at the key questions, such as how effective the two approaches have been in reducing crime and preventing offenders from committing new crimes.

Statewide, nearly one-quarter of all felony convictions in 2006 were so-called "straddle cell cases," in which the judge had the option of sending a criminal to a prison or to local punishment/supervision, according to Michigan Department of Corrections statistics. In 36.7 percent of those cases, prison was the choice, at an annual average inmate cost of $31,325.

Among the state's larger counties, Muskegon sent the greatest percentage of straddle-cell cons -- 58.5 percent -- to prison; Kalamazoo was lowest, with 17.2 percent going to prison. In Metro Detroit, 37.2 percent of Macomb County's straddle-cell offenders went to prison, compared with 30.9 percent in Oakland County cases and 23.8 percent in Wayne County.

Muskegon County chief public defender Chris Wilson said he believes the criminal justice system in his town overemphasizes punishment.

"We really have to try to solve the problems that get these folks into trouble and we're not doing a very good job of it. We are not using enough alternative programming," he said.

Wilson said he understands why so many Muskegon County criminals wind up in prison.

"In large part, it's the frustrations our judges have with our overcrowded county jail, which results in sentences being cut in half or more," he said. "So when they have someone they truly want to see punished or see as a danger, they are somewhat hesitant to use the jail option."

He said overcrowding has been a significant concern for the last 15 years.

"So we put people in prison and they eventually come back and commit more crimes," Wilson said.

State corrections officials point to Kalamazoo County as an example of successful and innovative corrections policies that have been in place for decades.

"Kalamazoo County has a very good criminal justice system and everybody seems to be on the same page," said Russ Marlan, spokesman for the state Department of Corrections.

"They are interested in reducing crime, but also look at options rather than just shoving everybody into prison."

Kalamazoo programs include:

• A community service program in which 426 offenders stayed out of jail or prison while performing nearly 13,000 hours of work for nonprofit agencies last year.

• Electronic monitoring of more than 300 offenders equipped with electronic tethers -- effectively under house arrest -- while still being allowed to continue work, attend anger management and job skill classes and deal with substance abuse issues that drove their criminal behavior. The cost: $13 per day, per con.

• Residential centers that housed about 470 people last year, as an alternative to prison. They averaged 90 days, with a maximum stay of 150 days. The state reimburses the county $47.50 a day -- far cheaper than the daily cost of being in prison.

Kalamazoo Circuit Judge J. Richardson Johnson said the judicial community "has been satisfied by the outcomes over the years."

"There's a consensus here among judges, with the support of the prosecuting attorney and law enforcement, to use alternative approaches because if we can avoid recidivism, it's in everybody's interest," said Johnson, a 14-year veteran on the bench and presiding judge of the trial division.

"On the other hand, some people should be locked up because they are dangerous and deserve consequences. But we try to focus on rehabilitation."

Muskegon's Tague said his county uses community sanctions where appropriate, but not in cases involving repeat or violent offenders.

"My position is that tough prosecution does show results," said Tague, who is proud of reducing the county's homicide rate and crack cocaine problems.

"In our community sending a strong message to those who want to commit crime has worked.

"Right now in Michigan, even in Muskegon County, a person has to work very hard to get themselves into prison."