Prison-closing process must be made fair

Monday, February 5, 2007 9:27 AM EST

Pointing to a decline of more than 8,000 inmates in the state prison system since 1999, Gov. Eliot Spitzer sees an opportunity to downsize. And after efforts by his predecessor to close certain facilities failed in recent years, Spitzer sees a prison closing commission as the best tool for making something happen.
Obviously, this commission's work will be of huge interest to Cayuga County, where prisons in Auburn and Moravia - not to mention facilities in neighboring counties - are major employers. This area is fortunate to have state Sen. Michael Nozzolio serving as chairman of the Senate Crime Victims, Crime and Corrections Committee, but nevertheless, a prison closing commission will likely be designed to reduce the influence one legislator can have on the process.

With that in mind, we urge Spitzer and the Legislature to think through this commission carefully.

Fortunately, they have a model to learn from in the hospital and nursing home commission that recently completed its work in recommending changes to the state's health-care system that have become law. Unfortunately, the commission offered more examples of what to avoid than what to emulate.

Here are the key mistakes any prison closing commission should not copy:

€ Don't be secretive. The health-care commission too often conducted its business behind closed doors, and the public had limited opportunity to take part in the process. Yes, there are times when confidentiality is needed, but the goal for any public body is to be as open and accessible as possible.

€ Use up-to-date data. A major flaw in the health-care commission's analysis was the use of information that often was two or three years old. Without timely information, decisions can be misguided.

€ Allow more time for debate. The health-care commission's recommendations came out with one month left for public comment before all of them automatically became law, unless the governor or Legislature intervened. Spitzer is looking to create a similar all-or-nothing process for the prison commission, but it's imperative that more time is allowed between the initial recommendations and the deadline for taking action.

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