1 00:00:03,840 --> 00:00:07,280 Speaker 1: On this episode of News World. In two thousand and seven, 2 00:00:07,840 --> 00:00:11,560 Speaker 1: Texas was faced with a crisis of overcrowded prisons and 3 00:00:11,640 --> 00:00:15,760 Speaker 1: a projected two billion dollar demand. To remedy this problem, 4 00:00:16,640 --> 00:00:20,120 Speaker 1: Right on Crime, part of the Texas Public Policy Foundation, 5 00:00:20,840 --> 00:00:24,160 Speaker 1: supported an investment of two hundred and forty one million 6 00:00:24,200 --> 00:00:30,040 Speaker 1: dollars into alternative sentencing, expanded access to parole, and evidence 7 00:00:30,120 --> 00:00:34,440 Speaker 1: based programs aimed at improving the success rate for those 8 00:00:34,560 --> 00:00:39,960 Speaker 1: re entering society or on supervision. As a result, eleven 9 00:00:40,120 --> 00:00:45,600 Speaker 1: prisons closed while simultaneously reducing crime to the lowest level 10 00:00:45,880 --> 00:00:50,479 Speaker 1: since the nineteen sixties. Instead of spending two billion dollars, 11 00:00:50,920 --> 00:00:54,960 Speaker 1: Texas saved four billion dollars. So I'm really pleased to 12 00:00:55,000 --> 00:01:14,040 Speaker 1: welcome my guests. Brett Tolman, executive director of Right on Time. Brett, 13 00:01:14,080 --> 00:01:17,279 Speaker 1: welcome and thank you for joining me in News World. 14 00:01:18,040 --> 00:01:19,679 Speaker 2: Thank you, mister speaker. Great to be with you. 15 00:01:20,480 --> 00:01:23,880 Speaker 1: Before we get into Right on Crime, You've actually had 16 00:01:23,880 --> 00:01:27,560 Speaker 1: a very interesting legal career. Could you walk us kind 17 00:01:27,560 --> 00:01:30,160 Speaker 1: of through all the different things you've done. 18 00:01:30,840 --> 00:01:33,440 Speaker 2: People ask me how I did what I did, but 19 00:01:33,480 --> 00:01:35,640 Speaker 2: I think I was more lucky than good. But I 20 00:01:35,840 --> 00:01:38,360 Speaker 2: came out of law school as a federal prosecutor for 21 00:01:38,360 --> 00:01:40,280 Speaker 2: about a decade, and then I wanted to go back 22 00:01:40,319 --> 00:01:43,200 Speaker 2: to Washington, d C. And I served as counsel and 23 00:01:43,240 --> 00:01:46,440 Speaker 2: then ultimately chief counsel over crime and terrorism in the 24 00:01:46,520 --> 00:01:50,360 Speaker 2: United States Senate and got to see how laws were made, 25 00:01:50,360 --> 00:01:52,560 Speaker 2: but also to see the challenges as I worked on 26 00:01:52,680 --> 00:01:57,240 Speaker 2: national security issues and got to see things like interrogations 27 00:01:57,240 --> 00:02:01,360 Speaker 2: in Guantanamo Bay, all kinds of interesting things. And then 28 00:02:01,680 --> 00:02:04,160 Speaker 2: President Bush was kind enough to make me the US 29 00:02:04,200 --> 00:02:08,480 Speaker 2: attorney in Utah, and I did that for about four years. 30 00:02:08,600 --> 00:02:10,600 Speaker 2: And the last case I did in the courtroom as 31 00:02:10,639 --> 00:02:14,000 Speaker 2: a trial lawyer was prosecuting the kidnapper of Elizabeth Smart, 32 00:02:14,040 --> 00:02:17,200 Speaker 2: which I'm very proud that he's not on the streets, 33 00:02:17,200 --> 00:02:20,839 Speaker 2: as I think he would harm individuals if he were out. 34 00:02:21,120 --> 00:02:23,360 Speaker 2: And that was my journey, I guess through the criminal 35 00:02:23,480 --> 00:02:27,080 Speaker 2: justice system, and I became a prosecutor because as a 36 00:02:27,120 --> 00:02:31,320 Speaker 2: young kid, my oldest sister was kidnapped and raped in college. 37 00:02:31,680 --> 00:02:36,320 Speaker 2: Just a devastating moment for our family. And I'm happy 38 00:02:36,360 --> 00:02:40,040 Speaker 2: to say that she's doing terrific today and a wonderful mother. 39 00:02:40,880 --> 00:02:43,040 Speaker 2: What a traumatic thing, and I think that inspired me 40 00:02:43,080 --> 00:02:45,519 Speaker 2: to be a prosecutor, and I was going to try 41 00:02:45,560 --> 00:02:47,960 Speaker 2: to find bad guys and put him in jail. But 42 00:02:48,040 --> 00:02:51,359 Speaker 2: here I am now twenty five years in the criminal 43 00:02:51,480 --> 00:02:55,120 Speaker 2: justice system, and I'm actually fighting for changes in the 44 00:02:55,120 --> 00:02:58,760 Speaker 2: criminal justice system because we have done a poor job. 45 00:02:58,800 --> 00:03:02,800 Speaker 2: Our recidivism rate is seventy plus percent still, and that 46 00:03:03,000 --> 00:03:06,119 Speaker 2: to me, is a measure of failure in any corporate 47 00:03:06,200 --> 00:03:08,360 Speaker 2: or government standard we might apply. 48 00:03:09,200 --> 00:03:13,720 Speaker 1: Well, can you talk about the federal supervisor release program. 49 00:03:14,200 --> 00:03:17,800 Speaker 2: It's really fascinating to me that you take, for example, 50 00:03:18,480 --> 00:03:23,160 Speaker 2: in the federal system, every individual that gets out of 51 00:03:23,160 --> 00:03:29,000 Speaker 2: prison is supervised for roughly five years, and it's an 52 00:03:29,000 --> 00:03:33,840 Speaker 2: inordinate amount of money that's devoted to supervision. And right now, 53 00:03:34,080 --> 00:03:37,560 Speaker 2: there is, however, data and research that shows if you 54 00:03:37,600 --> 00:03:41,600 Speaker 2: supervise folks longer than eighteen months, you actually can increase 55 00:03:41,960 --> 00:03:45,440 Speaker 2: their recidivism. I tell people all the time, I don't 56 00:03:45,480 --> 00:03:48,400 Speaker 2: want the left making changes to the criminal justice system. 57 00:03:48,560 --> 00:03:51,080 Speaker 2: They don't do it right. They don't do it based 58 00:03:51,120 --> 00:03:53,400 Speaker 2: on data and research and what works, like you referenced 59 00:03:53,400 --> 00:03:55,640 Speaker 2: in Texas. They do it based on emotion. They'll call 60 00:03:55,720 --> 00:03:58,600 Speaker 2: for defunding the police, or they'll call for whatever drastic 61 00:03:58,720 --> 00:04:02,960 Speaker 2: change supervision It's one of the last remaining issues up 62 00:04:03,040 --> 00:04:06,360 Speaker 2: on Capitol Hill where both sides are saying, hey, let's 63 00:04:06,400 --> 00:04:08,520 Speaker 2: incentivize them like we did in the first step back. 64 00:04:08,640 --> 00:04:10,880 Speaker 2: If they'll do what they're supposed to, then we can 65 00:04:11,040 --> 00:04:15,480 Speaker 2: shorten their term of supervision and it'll reduce crime, and 66 00:04:15,720 --> 00:04:18,400 Speaker 2: it'll give them the hope and opportunity to do the 67 00:04:18,400 --> 00:04:21,040 Speaker 2: things they're supposed to. Get jobs, go to school, work 68 00:04:21,080 --> 00:04:22,599 Speaker 2: on their family and their well being. 69 00:04:23,240 --> 00:04:25,680 Speaker 1: You know, we should have explained everybody. The recidivism is 70 00:04:26,320 --> 00:04:29,760 Speaker 1: the rate at which people go back to prison. So 71 00:04:30,200 --> 00:04:34,200 Speaker 1: if you can reduce recidivism, you're reducing the number of 72 00:04:34,240 --> 00:04:37,640 Speaker 1: prisoners you have because they're not breaking the law. Then, 73 00:04:37,680 --> 00:04:41,120 Speaker 1: So this is something I originally got tied into by 74 00:04:41,200 --> 00:04:44,760 Speaker 1: Chuck Colson, who had served time in prison coming out 75 00:04:44,800 --> 00:04:48,960 Speaker 1: of Watergate, and who had become totally committed to faith 76 00:04:49,040 --> 00:04:53,000 Speaker 1: based models and to thinking through how do we take 77 00:04:53,040 --> 00:04:56,760 Speaker 1: somebody who has broken the law, help them change their life, 78 00:04:57,240 --> 00:05:00,720 Speaker 1: and help them prepare to live once they left prison 79 00:05:01,160 --> 00:05:04,479 Speaker 1: without ever going back. Now I am curious for a second, 80 00:05:04,800 --> 00:05:08,680 Speaker 1: what's your theory of why is it that after eighteen 81 00:05:08,760 --> 00:05:11,800 Speaker 1: months supervision actually becomes destructive. 82 00:05:12,960 --> 00:05:15,880 Speaker 2: I think It's a number of factors, but it really 83 00:05:15,880 --> 00:05:20,560 Speaker 2: boils down to two things. One, the likelihood of minor 84 00:05:20,640 --> 00:05:24,080 Speaker 2: infractions increases. And when I say minor, you know, when 85 00:05:24,120 --> 00:05:26,200 Speaker 2: you're in supervision, you have to check in with your 86 00:05:26,360 --> 00:05:29,839 Speaker 2: supervising agent. You have certain things you can and can't do, 87 00:05:30,000 --> 00:05:32,440 Speaker 2: you can't travel out of your jurisdictions. All of those 88 00:05:32,480 --> 00:05:35,360 Speaker 2: things can cause a violation to occur. So you have 89 00:05:35,400 --> 00:05:38,720 Speaker 2: an exponentially higher chance as they get back into regular 90 00:05:38,800 --> 00:05:41,840 Speaker 2: life to make a minor infraction, which then they can 91 00:05:41,880 --> 00:05:44,320 Speaker 2: be revoked on their supervision and brought back in. The 92 00:05:44,400 --> 00:05:48,440 Speaker 2: Other issue is it is incredibly exhausting. Most of the 93 00:05:48,480 --> 00:05:50,720 Speaker 2: individuals that you talk to now, keep in mind they've 94 00:05:50,880 --> 00:05:53,760 Speaker 2: served their sentence in a lot of cases lengthy sentences, 95 00:05:53,800 --> 00:05:57,159 Speaker 2: so they're out. This supervision is so long that it 96 00:05:57,240 --> 00:06:01,680 Speaker 2: causes quite the discouragement and frustration, and they are always 97 00:06:01,800 --> 00:06:05,080 Speaker 2: constantly feeling like people are looking over their shoulders. It's 98 00:06:05,160 --> 00:06:09,039 Speaker 2: conservative states who have taught us this. It's states like 99 00:06:09,520 --> 00:06:15,320 Speaker 2: Oklahoma and Georgia and Mississippi that have shortened their shortening 100 00:06:15,440 --> 00:06:17,799 Speaker 2: their supervision and getting better results. 101 00:06:18,800 --> 00:06:24,599 Speaker 1: It's ironic the liberal states are refusing to put people 102 00:06:24,600 --> 00:06:27,520 Speaker 1: in jail, and so they put violent criminals back on 103 00:06:27,560 --> 00:06:31,800 Speaker 1: the street. The conservative states put people in jail, but 104 00:06:31,880 --> 00:06:34,880 Speaker 1: then if they behave correctly, they get them out of jail. 105 00:06:35,480 --> 00:06:37,400 Speaker 1: It's the opposite of all you would think. And it 106 00:06:37,480 --> 00:06:41,279 Speaker 1: turns out that the liberal approach to not pay attention 107 00:06:41,360 --> 00:06:44,479 Speaker 1: to criminals, like New York, to have no bail, to 108 00:06:45,040 --> 00:06:47,920 Speaker 1: allow people back on the street for the twenty fifth 109 00:06:48,000 --> 00:06:52,479 Speaker 1: or thirtieth time, that model doesn't work. But a model 110 00:06:52,520 --> 00:06:54,120 Speaker 1: that says we are going to lock you up, you 111 00:06:54,160 --> 00:06:56,320 Speaker 1: are going to serve your time, but then we're going 112 00:06:56,400 --> 00:06:59,880 Speaker 1: to help you re enter society seems to have a 113 00:07:00,000 --> 00:07:01,560 Speaker 1: pretty dramatically different effect. 114 00:07:02,120 --> 00:07:04,880 Speaker 2: Yeah, and mister speaker, I could not say it better. 115 00:07:05,040 --> 00:07:07,159 Speaker 2: I think your voice is so important on this. But 116 00:07:07,279 --> 00:07:10,560 Speaker 2: you and others who understand that. But there's a role 117 00:07:10,640 --> 00:07:13,640 Speaker 2: of redemption in the criminal justice system that's been lost 118 00:07:13,640 --> 00:07:16,760 Speaker 2: in a lot of areas, and especially lost and are 119 00:07:17,000 --> 00:07:20,760 Speaker 2: blue left, you know, liberal cities. They believe there should 120 00:07:20,760 --> 00:07:23,960 Speaker 2: not be any accountability, and so if there's no accountability, 121 00:07:23,960 --> 00:07:28,200 Speaker 2: you never have to think about redemption. But there should 122 00:07:28,200 --> 00:07:31,000 Speaker 2: be accountability and people should be unnoticed that we don't 123 00:07:31,040 --> 00:07:34,360 Speaker 2: allow law breakers in this country, but we will provide 124 00:07:34,400 --> 00:07:37,480 Speaker 2: you to move beyond your worst day or your worst 125 00:07:37,480 --> 00:07:41,000 Speaker 2: decisions if you'll apply yourself and we give them opportunities. 126 00:07:41,000 --> 00:07:43,440 Speaker 2: If you don't give them those opportunities, then there's no redemption. 127 00:07:43,600 --> 00:07:48,160 Speaker 2: And I'm fascinated by things like Boston. Right now, in Boston, 128 00:07:48,480 --> 00:07:52,720 Speaker 2: they've only had two homicides. That is such a large, 129 00:07:52,720 --> 00:07:55,360 Speaker 2: major city. It's eighty two percent down from where it 130 00:07:55,520 --> 00:07:57,120 Speaker 2: was just a couple of years ago. 131 00:07:57,440 --> 00:07:58,560 Speaker 1: What seems to have done that. 132 00:07:59,000 --> 00:08:01,640 Speaker 2: I've been digging into it, and they're taking a faith 133 00:08:01,720 --> 00:08:06,760 Speaker 2: based approach. They're using members of the community and faith 134 00:08:06,840 --> 00:08:13,440 Speaker 2: based membership to actually intervene with their juveniles, to step 135 00:08:13,480 --> 00:08:15,960 Speaker 2: in let them know they know about some crimes that 136 00:08:15,960 --> 00:08:18,200 Speaker 2: they've committed, and if they don't change their ways, then 137 00:08:18,240 --> 00:08:21,120 Speaker 2: they will pursue them. And so they're almost giving them 138 00:08:21,160 --> 00:08:24,120 Speaker 2: a form of redemption prior to and they're noticing that 139 00:08:24,160 --> 00:08:27,240 Speaker 2: these crimes are going down. I contrast that to what 140 00:08:27,280 --> 00:08:29,960 Speaker 2: we see in New York and Chicago and other areas 141 00:08:29,960 --> 00:08:32,480 Speaker 2: where they don't want to arrest anyone. And I think 142 00:08:32,520 --> 00:08:36,360 Speaker 2: to myself, that truly is the definition of insanity at 143 00:08:36,679 --> 00:08:39,000 Speaker 2: play right before our eyes. They're doing the same thing 144 00:08:39,160 --> 00:08:42,319 Speaker 2: that they've been doing, and they're expecting different results. The 145 00:08:42,400 --> 00:08:45,280 Speaker 2: violence is rising and they're not redeeming any. 146 00:08:45,080 --> 00:08:45,680 Speaker 3: Of their youth. 147 00:08:46,280 --> 00:08:49,760 Speaker 1: Hi campaigned with Juliani back when he ran for mayor, 148 00:08:50,520 --> 00:08:54,640 Speaker 1: and he took a city which had an enormous murder 149 00:08:54,720 --> 00:09:01,280 Speaker 1: rate and lowered it every single year and ultimately created 150 00:09:01,559 --> 00:09:04,559 Speaker 1: one of the safest cities in the world. And we 151 00:09:04,640 --> 00:09:08,040 Speaker 1: knew how to do it. Mayor Bloomberg came along, sustained 152 00:09:08,160 --> 00:09:12,480 Speaker 1: the Giuliani policies. They continued to work. The murder rate 153 00:09:12,600 --> 00:09:16,520 Speaker 1: continued to decline, and then liberals took over and within 154 00:09:16,559 --> 00:09:19,079 Speaker 1: three years they had gotten rid of every single thing 155 00:09:19,120 --> 00:09:22,280 Speaker 1: which worked, and the crime rate went back up. The 156 00:09:22,320 --> 00:09:25,040 Speaker 1: city got to be worse. You got to be more, frankly, 157 00:09:25,120 --> 00:09:28,199 Speaker 1: much less safe. It's sort of like you try to 158 00:09:28,240 --> 00:09:31,640 Speaker 1: teach children it's okay to touch the stove once, but 159 00:09:31,679 --> 00:09:34,240 Speaker 1: you ought to learn that it's hot, and these folks 160 00:09:34,280 --> 00:09:35,920 Speaker 1: they don't seem capable of learning. 161 00:09:36,280 --> 00:09:39,800 Speaker 2: I think that's a perfect historical reference that is really tragic, 162 00:09:39,840 --> 00:09:44,400 Speaker 2: and so much credit is deserved by Mayor Giuliani. And 163 00:09:44,440 --> 00:09:46,640 Speaker 2: he was a former US attorney and he was a 164 00:09:46,679 --> 00:09:49,720 Speaker 2: federal prosecutor, and there's many of us out there that 165 00:09:49,760 --> 00:09:52,520 Speaker 2: have realized we want to be tough on crime. We 166 00:09:52,600 --> 00:09:54,960 Speaker 2: should be tough on crime as a country. But if 167 00:09:55,000 --> 00:09:58,800 Speaker 2: that doesn't mean lowering your crime rates and reducing your recidivism, 168 00:09:58,880 --> 00:10:01,680 Speaker 2: then you're not really tough on. To me, it's another 169 00:10:01,760 --> 00:10:05,040 Speaker 2: chapter of the weaponization of our justice system. What's happening 170 00:10:05,040 --> 00:10:08,440 Speaker 2: in these liberal cities, because what they're saying is, because 171 00:10:08,440 --> 00:10:11,480 Speaker 2: it's politically expedient, I'm going to send out a message 172 00:10:11,520 --> 00:10:14,000 Speaker 2: to my community, for example in San Francisco, We're not 173 00:10:14,040 --> 00:10:17,160 Speaker 2: going to prosecute these certain types of crimes. And once 174 00:10:17,200 --> 00:10:19,840 Speaker 2: they send that out, boom, all of a sudden, massive 175 00:10:19,960 --> 00:10:23,880 Speaker 2: rise in those types of crimes, and the population is 176 00:10:23,880 --> 00:10:27,000 Speaker 2: getting tired of it. The people that it hurts the most, though, 177 00:10:27,200 --> 00:10:31,280 Speaker 2: are our minority communities, are poorer communities, And that to 178 00:10:31,320 --> 00:10:34,480 Speaker 2: me is the weaponization of the justice system on a 179 00:10:34,800 --> 00:10:37,360 Speaker 2: macro level across this country that I sure hope that 180 00:10:37,520 --> 00:10:39,880 Speaker 2: we're going to reverse. And I'm starting to see some 181 00:10:40,040 --> 00:10:42,760 Speaker 2: reversals because even some on the left are saying, hey, 182 00:10:42,880 --> 00:10:44,600 Speaker 2: this is outrageous, we need to stop it. 183 00:10:45,040 --> 00:10:49,839 Speaker 1: When the really radical Marxist district attorney in San Francisco 184 00:10:49,880 --> 00:10:53,240 Speaker 1: became unacceptable. They recalled him with over sixty percent of 185 00:10:53,280 --> 00:10:56,320 Speaker 1: the vote. You could never have imagined that happening in 186 00:10:56,360 --> 00:10:57,160 Speaker 1: San Francisco. 187 00:10:58,120 --> 00:11:00,199 Speaker 2: Yeah, that's exactly right. I wish it would have in 188 00:11:00,240 --> 00:11:01,360 Speaker 2: a few more places. 189 00:11:01,920 --> 00:11:19,120 Speaker 3: I agree. 190 00:11:20,200 --> 00:11:25,120 Speaker 1: The federal system still has some significant problems in having 191 00:11:26,040 --> 00:11:29,520 Speaker 1: a system of supervision that isn't working and is actually 192 00:11:29,520 --> 00:11:33,040 Speaker 1: increasing the rate of people going back to jail. And 193 00:11:33,160 --> 00:11:38,439 Speaker 1: there is a Safer Supervision Act which is now in Congress. 194 00:11:38,600 --> 00:11:40,199 Speaker 1: Could you talk a little bit about it, because I 195 00:11:40,200 --> 00:11:41,760 Speaker 1: think it's a very important concept. 196 00:11:42,200 --> 00:11:45,160 Speaker 2: Yeah, it's a remarkable piece, a Safer Supervision Act. There's 197 00:11:45,520 --> 00:11:48,680 Speaker 2: Bi Parson sponsorship on both the House and the Senate. 198 00:11:48,720 --> 00:11:52,120 Speaker 2: I mean you have Senator Lee and Senator Cornyan and 199 00:11:52,200 --> 00:11:55,840 Speaker 2: Senator Coons that are leading the effort. I think Senator 200 00:11:55,880 --> 00:11:58,000 Speaker 2: Grassley will be a champion of it and a leader 201 00:11:58,040 --> 00:12:00,240 Speaker 2: of it as well. And then in the House you 202 00:12:00,400 --> 00:12:04,240 Speaker 2: have Wesley Hunt and Byron Donald's. Why would they be 203 00:12:04,320 --> 00:12:08,080 Speaker 2: wanting to change criminal justicystem. It's because they absolutely know 204 00:12:08,640 --> 00:12:11,360 Speaker 2: that you can make improvements and not compromise public safety 205 00:12:11,440 --> 00:12:14,240 Speaker 2: and the improvements here. What this would do is it 206 00:12:14,280 --> 00:12:16,520 Speaker 2: says if you get out of prison, if you get 207 00:12:16,520 --> 00:12:19,200 Speaker 2: a job, and you do what you're supposed to do, 208 00:12:20,040 --> 00:12:22,959 Speaker 2: and you've served half of your supervision, which is about 209 00:12:22,960 --> 00:12:26,880 Speaker 2: two years, then we'll give you a presumption you can 210 00:12:26,920 --> 00:12:31,680 Speaker 2: get off your supervision. And it's interesting, mister speaker, because 211 00:12:32,000 --> 00:12:34,959 Speaker 2: it's law enforcement that actually brought this to our attention. 212 00:12:35,200 --> 00:12:38,800 Speaker 2: It's the federal law enforcement officers who said, you know what, 213 00:12:38,880 --> 00:12:41,480 Speaker 2: we're having to expend an enormous amount of our budget 214 00:12:42,280 --> 00:12:47,840 Speaker 2: supervising everyone when there are individuals that we know we 215 00:12:48,000 --> 00:12:50,560 Speaker 2: don't have to supervise that could be off supervision and 216 00:12:50,600 --> 00:12:52,880 Speaker 2: we could focus on the more dangerous. So we think 217 00:12:52,880 --> 00:12:54,960 Speaker 2: this bill will actually improve public safety. 218 00:12:55,320 --> 00:12:58,080 Speaker 1: Well, you know, there's a classic case that someone brought 219 00:12:58,080 --> 00:13:02,320 Speaker 1: to my attention about dan Niel Lynn Brown, who almost 220 00:13:02,400 --> 00:13:06,480 Speaker 1: two decades ago, was convicted of drug charges. He served 221 00:13:06,520 --> 00:13:10,160 Speaker 1: fifteen years and was released under the First Step Act, 222 00:13:10,400 --> 00:13:13,680 Speaker 1: which President Donald Trump signed into law. He was placed 223 00:13:13,679 --> 00:13:17,120 Speaker 1: on a ten year of federal supervision, which began in 224 00:13:17,160 --> 00:13:21,760 Speaker 1: April of twenty twenty. Nearly four years later, Brown has 225 00:13:21,800 --> 00:13:26,640 Speaker 1: committed zero violations. He's also maintained full time employment as 226 00:13:26,679 --> 00:13:30,360 Speaker 1: a project manager at a construction company, purchased two homes, 227 00:13:30,760 --> 00:13:33,840 Speaker 1: and been a devoted father to his five children, but 228 00:13:33,920 --> 00:13:37,440 Speaker 1: he's still under federal supervision. He's not allowed to travel 229 00:13:37,440 --> 00:13:40,360 Speaker 1: without approval from his probation officer, which has led him 230 00:13:40,360 --> 00:13:44,199 Speaker 1: to turn down numerous work opportunities, including what he called 231 00:13:44,559 --> 00:13:47,920 Speaker 1: a dream job helping ex prisoners turn their lives around, 232 00:13:48,600 --> 00:13:51,840 Speaker 1: random drug testing and check INDs, with his probation officer 233 00:13:52,160 --> 00:13:55,840 Speaker 1: taking him away from work and family obligations, even though 234 00:13:55,880 --> 00:14:00,560 Speaker 1: he poses no public safety risk, Brown remains trapped in 235 00:14:00,559 --> 00:14:05,080 Speaker 1: an ever expanding government bureaucracy. But under this proposed Safer 236 00:14:05,200 --> 00:14:08,800 Speaker 1: Supervision Act, he would have a clear path off of supervision. 237 00:14:08,800 --> 00:14:11,679 Speaker 1: At the halfway point of his term, he would receive 238 00:14:11,760 --> 00:14:15,880 Speaker 1: guidance on how to request early termination, whether he qualified 239 00:14:15,920 --> 00:14:20,520 Speaker 1: for presumptive early termination based on his good conduct and compliance, 240 00:14:21,000 --> 00:14:23,520 Speaker 1: the factors weighed by the court, and the ability to 241 00:14:23,520 --> 00:14:26,440 Speaker 1: request legal council needed. So you can see in this 242 00:14:26,520 --> 00:14:30,240 Speaker 1: one human case, how big a difference that the Safer 243 00:14:30,280 --> 00:14:34,200 Speaker 1: Supervision Act could create. And in your judgment, is this 244 00:14:34,280 --> 00:14:36,000 Speaker 1: the right direction for the country. 245 00:14:36,680 --> 00:14:39,560 Speaker 2: Yeah, I think that's a perfect example. Now people come 246 00:14:39,600 --> 00:14:41,040 Speaker 2: back and they say, well, what about the ones that 247 00:14:41,080 --> 00:14:44,440 Speaker 2: are really violent? Well, the Safer Supervision Act carves out 248 00:14:44,800 --> 00:14:48,360 Speaker 2: the exceptions for individuals who are violent, or individuals who 249 00:14:48,400 --> 00:14:53,040 Speaker 2: need lengthy supervision, those that have victimized children, for example. 250 00:14:53,800 --> 00:14:55,800 Speaker 2: So this will really get at the heart. And if 251 00:14:55,800 --> 00:14:58,560 Speaker 2: you ask any prosecutor like myself who spent almost a 252 00:14:58,600 --> 00:15:01,200 Speaker 2: decade as a federal prosecut or, I did well over 253 00:15:01,240 --> 00:15:04,880 Speaker 2: a thousand felony cases, I can tell you I know 254 00:15:05,240 --> 00:15:08,520 Speaker 2: every single one of those defendants that could have taken 255 00:15:08,520 --> 00:15:12,560 Speaker 2: advantage of this, and I would predict, you know, zero 256 00:15:12,680 --> 00:15:16,359 Speaker 2: recidivism on many, many, many of those and every prosecutor 257 00:15:16,400 --> 00:15:18,400 Speaker 2: knows who they are, knows that they wouldn't need to 258 00:15:18,400 --> 00:15:21,960 Speaker 2: be supervised for three, five, seven, ten years, which is 259 00:15:21,960 --> 00:15:25,600 Speaker 2: what happens. So it is the right direction because and 260 00:15:25,640 --> 00:15:28,120 Speaker 2: the First Step AAC proved it. Those that have been 261 00:15:28,280 --> 00:15:34,200 Speaker 2: receiving programming under the First Step Act. The federal recidivism 262 00:15:34,240 --> 00:15:38,160 Speaker 2: statistic right now general is forty six percent recidivism rate 263 00:15:38,280 --> 00:15:40,800 Speaker 2: in the federal system, but under this first step back 264 00:15:40,960 --> 00:15:44,560 Speaker 2: it falls below ten percent. That is phenomenal. It teaches 265 00:15:44,680 --> 00:15:47,360 Speaker 2: us that in giving them the right programming, giving them 266 00:15:47,360 --> 00:15:50,640 Speaker 2: incentive to better themselves actually works. 267 00:15:51,160 --> 00:15:54,160 Speaker 1: Think about that at a human level. Not only is 268 00:15:54,200 --> 00:15:57,360 Speaker 1: this saving money for the taxpayer, but that's an enormous 269 00:15:57,440 --> 00:16:01,880 Speaker 1: number of people who are real acquiring the right to 270 00:16:01,960 --> 00:16:05,360 Speaker 1: be a free American in a way that is healthy 271 00:16:05,400 --> 00:16:07,480 Speaker 1: for the whole country. And I think that out of 272 00:16:07,520 --> 00:16:11,680 Speaker 1: that whole long term effort that Right on Crime really 273 00:16:11,680 --> 00:16:16,120 Speaker 1: emerged as a national campaign of the Texas Public Policy Foundation. 274 00:16:16,560 --> 00:16:18,720 Speaker 1: Can you take just a minute first and tell us 275 00:16:19,040 --> 00:16:22,480 Speaker 1: about the Texas Public Policy Foundation, which I've worked with 276 00:16:22,520 --> 00:16:26,000 Speaker 1: for I think two decades and is an astonishing institution 277 00:16:26,080 --> 00:16:28,080 Speaker 1: in general, and then let's talk a little bit about 278 00:16:28,120 --> 00:16:28,840 Speaker 1: Right on Crime. 279 00:16:29,520 --> 00:16:32,960 Speaker 2: Yeah. Absolutely, it's one of the high points of my career, 280 00:16:33,080 --> 00:16:35,280 Speaker 2: my long career working in the criminal justice system, to 281 00:16:35,360 --> 00:16:39,440 Speaker 2: work with the Texas Public Policy Foundation. This is men 282 00:16:39,480 --> 00:16:43,920 Speaker 2: and women of incredible faith and intelligence and work ethic 283 00:16:44,120 --> 00:16:47,920 Speaker 2: that really just want a better place for their families 284 00:16:47,960 --> 00:16:51,360 Speaker 2: and for the communities across this country, and so they 285 00:16:51,360 --> 00:16:55,880 Speaker 2: get involved in all the big issues. But about fifteen 286 00:16:55,960 --> 00:16:59,480 Speaker 2: years ago they started an organization called Right on Crime. 287 00:17:00,120 --> 00:17:04,920 Speaker 2: And they started that because they started to recognize that 288 00:17:05,040 --> 00:17:09,080 Speaker 2: we could make policy changes, we could start to redeem people. 289 00:17:10,040 --> 00:17:13,040 Speaker 2: And so they started out very humble in a few 290 00:17:13,080 --> 00:17:15,800 Speaker 2: states and working on a few issues, and then they 291 00:17:15,880 --> 00:17:18,639 Speaker 2: started working on the national issues like the First Step Act, 292 00:17:19,240 --> 00:17:22,480 Speaker 2: when I was persuaded by a very persuasive text and 293 00:17:22,600 --> 00:17:25,560 Speaker 2: to take the helm of right on crime. We've now 294 00:17:25,600 --> 00:17:28,520 Speaker 2: gone from five states that were in fifteen states. Now 295 00:17:29,200 --> 00:17:32,040 Speaker 2: we are growing and expanding, and the reason is that 296 00:17:32,640 --> 00:17:34,879 Speaker 2: we are an organization that can make changes to the 297 00:17:34,880 --> 00:17:39,520 Speaker 2: criminal justice system without forgetting victims of crime and without 298 00:17:39,800 --> 00:17:44,000 Speaker 2: compromising public safety. And it's interesting, mister Speaker, we're now 299 00:17:44,080 --> 00:17:47,720 Speaker 2: seeing I'm getting members of Congress calling me or reaching 300 00:17:47,720 --> 00:17:51,080 Speaker 2: out and texting me weekly. I'm getting governors across the 301 00:17:51,119 --> 00:17:54,440 Speaker 2: country that they want to know what are our thoughts, 302 00:17:54,800 --> 00:17:58,080 Speaker 2: what changes can be made so that we can better 303 00:17:58,119 --> 00:18:00,639 Speaker 2: our criminal justice system. And it's not just the system 304 00:18:00,640 --> 00:18:03,160 Speaker 2: we're trying to make better. We're trying to do as 305 00:18:03,240 --> 00:18:07,439 Speaker 2: you outlined, we're trying to save families. Ninety five percent 306 00:18:07,480 --> 00:18:12,560 Speaker 2: of everyone that is incarcerated gets out of prison, and 307 00:18:12,800 --> 00:18:15,639 Speaker 2: we've forgotten that they get out and they've been in 308 00:18:15,720 --> 00:18:17,800 Speaker 2: worse shape most of the time when they get out 309 00:18:18,440 --> 00:18:21,160 Speaker 2: than when they went in, and so they recommit crimes 310 00:18:21,240 --> 00:18:23,600 Speaker 2: and we can do better. We can make them better 311 00:18:23,720 --> 00:18:26,520 Speaker 2: and part of our community by using faith, by using 312 00:18:27,040 --> 00:18:31,280 Speaker 2: education and training and really remembering that that's our obligation 313 00:18:31,440 --> 00:18:33,800 Speaker 2: as brothers and sisters on this earth. 314 00:18:34,320 --> 00:18:38,560 Speaker 1: We know when Chuck ultimately we're tired and then passed away. 315 00:18:38,600 --> 00:18:42,040 Speaker 1: Pat Nolan, who himself had ended up in prison as 316 00:18:42,040 --> 00:18:45,639 Speaker 1: an Assembly leader in California, picked up the flag. And 317 00:18:46,040 --> 00:18:48,679 Speaker 1: I've worked closely with Pat, and part of the reason 318 00:18:48,760 --> 00:18:52,240 Speaker 1: is the human side. The more people we can help 319 00:18:52,520 --> 00:19:12,560 Speaker 1: continue to lead a full life, the better. It's stunning 320 00:19:12,560 --> 00:19:16,560 Speaker 1: to realize that prison systems today cost the States over 321 00:19:16,680 --> 00:19:20,520 Speaker 1: fifty billion dollars a year, which is up from eleven 322 00:19:20,640 --> 00:19:24,159 Speaker 1: billion in the mid nineteen eighties. Prisons have been the 323 00:19:24,240 --> 00:19:28,600 Speaker 1: second fastest growing area of state budgets, trailing only Medicaid, 324 00:19:29,160 --> 00:19:33,800 Speaker 1: and consumes one in every fourteen general fund dollars. So 325 00:19:34,119 --> 00:19:39,240 Speaker 1: there's both a practical taxpayer conservative reason to do this, 326 00:19:39,480 --> 00:19:43,960 Speaker 1: and there's an extraordinarily powerful human reason to do this. 327 00:19:44,720 --> 00:19:47,159 Speaker 1: And I think that it's really important for us to 328 00:19:47,280 --> 00:19:50,240 Speaker 1: recognize both sides of that. And I think that the 329 00:19:50,359 --> 00:19:53,639 Speaker 1: kind of things that you're doing really make the case 330 00:19:54,119 --> 00:19:56,600 Speaker 1: for a conservative criminal justice reform. 331 00:19:57,640 --> 00:19:59,359 Speaker 2: And thank you for that in pointing out we have 332 00:19:59,440 --> 00:20:01,560 Speaker 2: so much work to do, but think about this. One 333 00:20:01,600 --> 00:20:06,000 Speaker 2: in three Americans has a criminal record now that's one 334 00:20:06,000 --> 00:20:08,479 Speaker 2: in three you have a criminal record. You know, we 335 00:20:08,520 --> 00:20:11,240 Speaker 2: went from during the Reagan years there were roughly four 336 00:20:11,240 --> 00:20:15,520 Speaker 2: to five thousand criminal statutes. There's now well over three 337 00:20:15,600 --> 00:20:19,560 Speaker 2: hundred thousand criminal statutes and regulations with criminal penalties. And 338 00:20:19,680 --> 00:20:22,560 Speaker 2: so we give all this money to the criminal justice system, 339 00:20:23,000 --> 00:20:28,520 Speaker 2: and there is no accountability and virtually no transparency. We 340 00:20:28,560 --> 00:20:31,879 Speaker 2: need to start holding our criminal justice system accountable so 341 00:20:31,920 --> 00:20:35,640 Speaker 2: that we can save the fabrics of our community, these individuals. 342 00:20:35,960 --> 00:20:37,639 Speaker 2: And if we're getting one in three right now with 343 00:20:37,680 --> 00:20:41,280 Speaker 2: criminal history, that means we need to do better. We 344 00:20:41,440 --> 00:20:43,840 Speaker 2: can do better, and I want Conservatives to lead on it. 345 00:20:44,359 --> 00:20:47,239 Speaker 1: I had worked with Pat Nolan, with Van Jones, and 346 00:20:47,280 --> 00:20:51,560 Speaker 1: we organized in the Obama years a national conference on 347 00:20:52,200 --> 00:20:56,560 Speaker 1: criminal justice reform. And to my delight, my home state 348 00:20:56,600 --> 00:21:00,840 Speaker 1: governor from Georgia, Governor Nathan Deal, gave the keynoted his 349 00:21:01,000 --> 00:21:06,639 Speaker 1: son had become a drug judge in Georgia and from 350 00:21:06,680 --> 00:21:09,200 Speaker 1: his experience in the courts, he said to his father, 351 00:21:09,680 --> 00:21:13,199 Speaker 1: We're gone about this the wrong way. We're taking people 352 00:21:13,560 --> 00:21:16,480 Speaker 1: who could be saved and who could spend the rest 353 00:21:16,520 --> 00:21:21,120 Speaker 1: of their life as good citizens, taking care of their family, working, 354 00:21:21,520 --> 00:21:25,280 Speaker 1: being taxpayers, and the way we mishandle it, we are 355 00:21:25,280 --> 00:21:29,760 Speaker 1: now turning them into being isolated from the society and 356 00:21:29,800 --> 00:21:33,159 Speaker 1: having no future and being a constant drain on the 357 00:21:33,200 --> 00:21:37,760 Speaker 1: taxpayer while breaking up their ability to take care of 358 00:21:37,920 --> 00:21:40,440 Speaker 1: and relate to their family. And I was so proud 359 00:21:40,840 --> 00:21:43,960 Speaker 1: of Nathan Deal for this speech, which I am sure 360 00:21:44,160 --> 00:21:46,560 Speaker 1: from the standpoint of a typical national liberal was a 361 00:21:46,560 --> 00:21:51,400 Speaker 1: great shock because here you had this very solid conservative 362 00:21:51,480 --> 00:21:56,919 Speaker 1: Georgia Republican making the case for compassion, for an intelligent 363 00:21:57,000 --> 00:22:00,119 Speaker 1: approach for real reform. And I think that's how we 364 00:22:00,160 --> 00:22:02,000 Speaker 1: have to approach this. And I think that one of 365 00:22:02,040 --> 00:22:04,880 Speaker 1: the reasons I was so excited to have you join 366 00:22:04,960 --> 00:22:07,600 Speaker 1: me to talk about this is that I think that 367 00:22:08,080 --> 00:22:11,520 Speaker 1: right on crime is one of the most important from 368 00:22:11,560 --> 00:22:14,800 Speaker 1: a human standpoint. The number of lives you will help 369 00:22:14,880 --> 00:22:17,960 Speaker 1: save is so dramatic that it's really a big deal. 370 00:22:18,040 --> 00:22:21,400 Speaker 1: That people need to realize that they should contact their 371 00:22:21,440 --> 00:22:25,199 Speaker 1: House and Senate member and should encourage them to be 372 00:22:25,280 --> 00:22:30,080 Speaker 1: actively involved and to help pass the Safer Supervision Act. 373 00:22:30,160 --> 00:22:33,119 Speaker 1: But in addition, they should check in with their state 374 00:22:33,240 --> 00:22:37,080 Speaker 1: legislators and with their governor and see how their state 375 00:22:37,200 --> 00:22:41,080 Speaker 1: is dealing with prisoners as they get out, and whether 376 00:22:41,119 --> 00:22:44,240 Speaker 1: we are maximizing the chance for them to have good 377 00:22:44,280 --> 00:22:47,720 Speaker 1: lives or we are, in fact putting ourselves in a 378 00:22:47,720 --> 00:22:50,560 Speaker 1: position where they're going to go right back to jail 379 00:22:50,640 --> 00:22:53,600 Speaker 1: and continue to be a burden on society. So I 380 00:22:53,600 --> 00:22:57,240 Speaker 1: think what you're doing is really really important, and I 381 00:22:57,240 --> 00:23:00,560 Speaker 1: think it's a very important topic for all Amricans to 382 00:23:00,600 --> 00:23:01,280 Speaker 1: be involved in. 383 00:23:02,119 --> 00:23:05,000 Speaker 2: Well, thank you, mister speaker. I couldn't have said it better. 384 00:23:05,040 --> 00:23:08,439 Speaker 2: And I loved watching you, know, your powerful voice and 385 00:23:08,480 --> 00:23:11,720 Speaker 2: your thoughts on it. And it really takes leaders like yourselves. 386 00:23:11,760 --> 00:23:14,600 Speaker 2: And you know, I remember Doug Collins and some of 387 00:23:14,600 --> 00:23:17,120 Speaker 2: the effort that he made, and I now look at 388 00:23:17,400 --> 00:23:20,160 Speaker 2: Governor Stitt in Oklahoma who said we're going to make 389 00:23:20,240 --> 00:23:23,520 Speaker 2: changes and we're going to fix this broken criminal justice system, 390 00:23:23,520 --> 00:23:28,200 Speaker 2: and that to me is heartening because we can comfort ourselves. 391 00:23:28,240 --> 00:23:32,040 Speaker 2: The politicians, legislators can comfort themselves and pass longer mandatory 392 00:23:32,080 --> 00:23:35,560 Speaker 2: minimums and think that they're doing something, but in reality, 393 00:23:36,000 --> 00:23:40,680 Speaker 2: they're not reducing crime, they're not reducing recidivism, and they're 394 00:23:40,720 --> 00:23:44,639 Speaker 2: certainly not redeeming members of our community. And so let's 395 00:23:44,640 --> 00:23:47,240 Speaker 2: do that. Let's let the conservatives lead, So we don't 396 00:23:47,280 --> 00:23:52,919 Speaker 2: have bad policies like no bail and no prosecution prosecutors 397 00:23:52,960 --> 00:23:57,600 Speaker 2: out there. Let's punish criminals, but let's also save human 398 00:23:57,640 --> 00:23:58,760 Speaker 2: beings well. 399 00:23:58,800 --> 00:24:02,520 Speaker 1: And if people come to your site right on crime 400 00:24:02,560 --> 00:24:06,480 Speaker 1: dot Com, learn what you're doing, they can learn about 401 00:24:06,520 --> 00:24:12,159 Speaker 1: the kind of practical, common sense, proven to work reforms 402 00:24:12,200 --> 00:24:14,560 Speaker 1: that they can then take to their state, make sure 403 00:24:14,560 --> 00:24:17,120 Speaker 1: that their state gets in line too, and we could, 404 00:24:17,160 --> 00:24:20,560 Speaker 1: over the next few years, have a genuine revolution that 405 00:24:20,720 --> 00:24:25,240 Speaker 1: saves lives, saves families, gives us healthy citizens who've learned 406 00:24:25,240 --> 00:24:27,720 Speaker 1: their lesson and who are committed to spending the rest 407 00:24:27,720 --> 00:24:30,800 Speaker 1: of their life being a part of our community in 408 00:24:30,840 --> 00:24:33,840 Speaker 1: a way that is so much better than the kind 409 00:24:33,880 --> 00:24:37,720 Speaker 1: of prison centric model that we currently have that's today. 410 00:24:38,040 --> 00:24:39,760 Speaker 2: I hope they will come to the website right on 411 00:24:39,840 --> 00:24:42,240 Speaker 2: crime dot com and they'll start to see that it 412 00:24:42,320 --> 00:24:44,560 Speaker 2: sometimes it doesn't have to be monumental. It doesn't have 413 00:24:44,600 --> 00:24:47,280 Speaker 2: to be a first step back that gets past. In 414 00:24:47,320 --> 00:24:51,040 Speaker 2: one jurisdiction, we simply got the prisons to change one policy, 415 00:24:51,080 --> 00:24:55,240 Speaker 2: one simple policy, and that was to allow individuals that 416 00:24:55,280 --> 00:24:59,080 Speaker 2: are incarcerated longer phone privileges to talk to their family 417 00:25:00,240 --> 00:25:04,960 Speaker 2: to reduce recidivism immediately. So sometimes it's the simplest changes 418 00:25:05,000 --> 00:25:07,000 Speaker 2: that can be made that can improve it. And that's 419 00:25:07,000 --> 00:25:11,480 Speaker 2: what we look for is good, solid, conservative best practices 420 00:25:11,480 --> 00:25:14,439 Speaker 2: that are proven to help the criminal just system improve. 421 00:25:14,960 --> 00:25:19,440 Speaker 1: At Right on Crime, you have fourteen policy analysts, researchers 422 00:25:19,480 --> 00:25:22,679 Speaker 1: and legal experts who are working on these things, and 423 00:25:22,720 --> 00:25:25,359 Speaker 1: you've actually been active already in thirty eight states, so 424 00:25:25,880 --> 00:25:28,800 Speaker 1: people can turn to you as a real resource in 425 00:25:28,920 --> 00:25:32,000 Speaker 1: helping them ensure that their stite does the right thing 426 00:25:32,040 --> 00:25:35,160 Speaker 1: by their citizens and the right thing both for safety 427 00:25:35,560 --> 00:25:38,680 Speaker 1: and for reintegrating people back to have a full life. 428 00:25:39,040 --> 00:25:41,000 Speaker 3: Yep, perfectly said Brett. 429 00:25:41,080 --> 00:25:43,600 Speaker 1: I want to thank you for joining me. The work 430 00:25:43,640 --> 00:25:45,520 Speaker 1: you and your team at Right on Crime are doing 431 00:25:45,720 --> 00:25:48,800 Speaker 1: is really amazing, and I want to encourage our listeners 432 00:25:48,800 --> 00:25:51,560 Speaker 1: to learn more about Right on Crime and your efforts 433 00:25:51,880 --> 00:25:55,480 Speaker 1: by visiting your website at rightoncrime dot com. 434 00:25:55,560 --> 00:26:00,320 Speaker 2: Thank you, mister speaker, Thank. 435 00:26:00,160 --> 00:26:03,400 Speaker 1: You to my guests. Brett Tolman. You can learn more 436 00:26:03,400 --> 00:26:07,639 Speaker 1: about his organization Right on Crime on our show page 437 00:26:07,760 --> 00:26:11,800 Speaker 1: at newtsworld dot com. Newtsworld is produced by Gingers three 438 00:26:11,800 --> 00:26:16,600 Speaker 1: sixty and iHeartMedia. Our executive producer is Guarnsey Sloan. Our 439 00:26:16,680 --> 00:26:20,760 Speaker 1: researcher is Rachel Peterson. The artwork for the show was 440 00:26:20,800 --> 00:26:24,399 Speaker 1: created by Steve Penley. Special thanks to the team at 441 00:26:24,400 --> 00:26:28,240 Speaker 1: Gingrid three sixty. If you've been enjoying Newtsworld, I hope 442 00:26:28,240 --> 00:26:30,919 Speaker 1: you'll go to Apple Podcast and both rate us with 443 00:26:31,000 --> 00:26:34,280 Speaker 1: five stars and give us a review so others can 444 00:26:34,359 --> 00:26:38,119 Speaker 1: learn what it's all about. Right now, listeners of Newtsworld 445 00:26:38,119 --> 00:26:41,400 Speaker 1: can sign up for my three free weekly columns at 446 00:26:41,400 --> 00:26:45,920 Speaker 1: gingisthree sixty dot com slash newsletter. I am Newt Gingrich. 447 00:26:46,280 --> 00:26:47,240 Speaker 3: This is newts world 448 00:27:00,080 --> 00:27:00,119 Speaker 2: Y