Kim Oldham
Republican
1. “Tough on Crime” versus “Smart on Crime”
There is absolutely a difference between being tough on crime and smart on crime. Tough on crime policies focus primarily on punishment and lengthy periods of incarceration. Smart on crime means teaching and instilling in prosecutors the use of discretion and good judgement. It means being flexible when a prosecutor should be, taking into consideration all factors in each case. It is why the Howard County State’s Attorney’s Office does not have formal, rigid policies for sentencing recommendations and we will continue as such under my leadership. Every case is different. Every defendant’s background is different. Ultimately the goal is public safety but being smart on crime means understanding that there are different ways to achieve that goal.
2. Decriminalization of Minor Offenses
Some yes, but not all minor offenses should be decriminalized. There are crimes that although not major, the repeated commission disrupts and upsets a victim’s quality of life. For example, malicious destruction of property, trespassing, theft. Each of these crimes can have varying degrees of severity depending on the manner and how often they are committed. These offenses should remain criminal offenses in order to address accountability on behalf of a citizen. But each case or crime should be looked at on an individual basis.
There was a piece of legislation proposed this past session to decriminalize small amounts of cocaine and heroin, similar to marijuana. As a citizen, mother and a prosecutor, I am opposed to decriminalizing any quantity of cocaine and heroin, not after what I have seen these drugs do after 21 years as a prosecutor here in Howard County. So categorically, I do not think that all minor offenses should be decriminalized.
3. Pre-trial Risk Assessment and Pre-trial Supervision
I agree that pre-trial risk assessment is a very useful tool in determining someone’s status and bond conditions while a case is pending. It is one of many factors that should be considered by the prosecutor, defense counsel and the court. As an alternative to pre-trial incarceration, we at the Howard County State’s Attorney’s Office recommend pre-trial supervision depending on the nature of the charges, the concern for victim/witness safety, the individual’s prior contacts with the criminal justice system. Again, each case is evaluated individually and an appropriate recommendation is made after a careful review of all circumstances.
4. Diversion Programs
The Howard County State’s Attorney’s Office currently runs a very successful drug/dui court in an effort to get those individuals with substance abuse disorders back on track in the community. Our designated drug/dui court prosecutor meets with providers and other agency partners to review each case and ensure the best outcome. We also have an alcohol diversion program for young offenders charged with minor alcohol offenses in which individuals complete alcohol education classes in lieu of prosecution. In addition, our office has a bad check diversion program in an effort to obtain restitution for merchants efficiently without having to spend time in court away from their businesses. Also, when citizens initiate cases against one another and charges are issued at the request of a citizen and not a police officer, our office schedules a meeting with the complainant in an effort to determine whether criminal prosecution is the appropriate avenue. We make every effort to work with the parties and resolve these matters whether it is through referral to mediation, a dismissal of charges or a placement on an inactive docket with special conditions. It is yet another example of the Howard County State’s Attorney’s Office being “smart on crime” and using alternative solutions to prosecution.
5. Re-entry Programs
I would absolutely support re-entry programs. The Howard County Detention Center already has a successful re-entry program for inmates with case managers assigned to monitor progress. With the re-entry program comes an increased network of resources in the community and increased communication between our office and the case managers about how individuals are doing.
6. Mental Health Screening and Treatment Pre-Trial
Given the prevalence of mental health issues in criminal cases, I would support mental health screening and treatment pre-trial. In our district court division, where the volume of cases is significantly higher (misdemeanors) than our circuit court division (major felonies), all cases with a mental health component are scheduled on the same docket with a dedicated prosecutor to follow these cases through the system. That assigned prosecutor also works with our mental health coordinator to reach out to doctors and providers in order to determine the best mode of treatment in a particular case.
In the Howard County State’s Attorney’s Office, every case is important to those involved and our prosecutors are diligent in ensuring cases are handled to the best of their ability. But we also recognize certain areas require even more special attention – those cases involving individuals with mental health issues is one of those areas. Under my leadership we will continue to work closely with other agencies and the court system to seek the best outcome and the best manner of treatment for an individual in each case.
