Time served
by Jon Worley

A couple weeks ago, there was a big story about the second round of Florida prisoner releases. Even the most objective news stories implied that the state turned out these men because of a "misguided" judge's decision.

Let me disabuse folks of that notion.

Two years back, the Florida legislature passed the "truth in sentencing" law, which states that convicts must serve at least 85 percent of their sentences. Some true believers decided that this rule should be retroactive, taking away years of "gain time" long-time prisoners had earned over their stay at the pen. The Florida Supreme Court told the Attorney General to shove that idea down his politically posturing throat.

And so 440 men found themselves free just before Thanksgiving, and another 500 or so walked into freedom two weeks ago. Rampant, hardcore criminals on the loose? A crime wave waiting to happen? Hardly.

I mean, remember: The men have served their time.

There is an ugly mood in this country lately that has propogated a notion that criminals are never through paying for their crimes. Most unchristian, of course, but then, these aren't the sorts of folks who pay much attention to the kinder, gentler New Testament.

So we get scenes like Lee County Sheriff John McDougal telling Today Show viewers to stay away from Florida until he personally has rounded up all the miscreants, presumably using a vigilante posse.

I'd like to reiterate my main point: These men have served their time.

The state tried to take away what they had already earned. In a very real sense, this is like a prisoner, sentenced to life in prison when the death penalty wasn't legal, finding himself sentenced to death after executions came back into style.

I know plenty of folks who would approve of just such an thing, but come on. There's that whole no "ex post facto" laws doctrine clearly laid out in the Constitution. If it was legal when an act was committed, then no crime occurred. The state's people thought that gain time was a privilege that could be taken away by any whim. Our esteemed Attorney General stuck his finger into the political wind and decided it was time to beat up on people who have very little protection to begin with.

And, you know, the funny thing is that these released prisoners have a much lower rate of recidivism than most. Only 3 of the first 440 released just before Thanksgiving, a rate of lower than 1 percent. The normal rate at three months out is around 5 percent. In other words, Sheriff McDougal wasn't only wrong about the reason the men returned to society, but he's dead wrong when he talks about an "imminent rash of crime".

Perhaps these men have realized the spotlight is on them, and that they must perform well to make sure all their brothers still waiting for their time will get out on schedule. Perhaps. But all that is speculation.

The thing that bothers me is how these men have been characterized by even the "liberal" media. Folks like Sheriff McDougal have been proclaiming the apocalyspe. State Senator "Chain Gang Charlie" Crist has promised a law that would make the "turth in sentencing" law retroactive, basically defying the state Supreme Court, not to mention the Constitution of our fine nation. This is good posturing for voters, but simply stupid politics.

I live in what has been characterized as a "high-crime" neighborhood. What horrible crimes have been committed against me? I left my car door unlocked one night, and someone stole four homemade tapes. Total cost: $10. Oh, and someone stole my licence plate. I didn't have to pay anything for that. Of the folks on my block, the worst thing that has happened in two years is a couple car stereos gone missing. Distressing, yes, but not life-threatening or even terribly worrisome after a couple weeks.

To be honest, I haven't even given the release of these prisoners a second thought, even though a number of them now live within a couple miles of my house. I'm of the firm belief that people should be given a chance to change their lives.

After all, these men have served their time. One of these days our retribution-crazed populace has to stop and think about that little saying about glass houses. And perhaps pay a little more attention to why certain parts of the city have more crime than others.

Jon Worley lives in southern St. Petersburg, Fla., where one of the two finalists in next week's mayoral election is facing third-degree felony charges for attempting to buy an endorsement from one of the losing primary candidates. Now there's a local crime worth complaining about on the Today Show.

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