ST. LOUIS • Justice in Missouri now comes with a price tag.
It is the first state to provide judges with defendant-specific data on what particular sentences would cost the taxpayers, and on the likelihood that the person in the dock will reoffend.
Not everyone is happy about it.
"I don't think it has any purpose in a process of balancing justice," complained Jack Banas, the St. Charles County prosecuting attorney. "Justice doesn't come down to dollars and cents. You have to look at the system as a whole picture."
But Kristy Ridings, a defense lawyer practicing in St. Louis, said: "I think it's fantastic. It gives us more argument to look at alternative sentences. There are resources in the community that are not only more effective, but cheaper."
Using information provided online, judges across the state can consider the cost of any sentence — from prison time to probation. The information may soon be included in formal presentence reports.
Experts say Missouri is the only state to distribute an invoice on a case-by-case basis.
"We're seeing a trend where judges are asking for more evidence about best practices," said Greg Hurley, of the National Center for State Courts. "They are looking at an offender's track record and other predictive data that may show which treatments or programs may work best to cut down on recidivism."
But no other state is injecting the cost of a particular sentence into the conversation, Hurley said.
Barbara Tombs, of the Washington, D.C., Sentencing Commission, said states commonly require corrections officials to draw up "economic impact statements" whenever they plan to change a penalty or create a new criminal violation. Such reports include added costs of prison beds, corrections officers and probation workers.
However, Tombs said, she has never before seen numbers broken down for an individual case and handed to a judge before sentencing.
"I don't know of any state doing this except Missouri," she said. "I don't know enough about it to know whether it's a good idea or not."
The cost and recidivism statistics come from the Missouri Sentence Advisory Commission, an agency created by the Legislature to help judges find appropriate sentences.
While some judges may choose to ignore the data, officials expect others to consider the price tags in finding alternative sentences that may cost less and provide better rehabilitation.
The commission began publishing the information in August, after several judges suggested it. Costs are figured by a formula. The state Department of Corrections was already calculating recidivism statistics compiled from hundreds of thousands of cases over the last decade.
Missouri Supreme Court Judge Michael Wolff, who leads the sentencing commission, said, "The court system should consider all data, including cost, when trying to decide the best way to use its resources for sentencing." He added, "If community-based alternatives show to be more successful and cost less, judges should consider them."
Wolff noted: "Obviously, at the end of the day, it is up to the judge to decide the sentence. They are just more informed with this data."
Paul Fox, administrator for the St. Louis County Circuit Court, said judges there do not want to see the dollar figures. "They are always happy to have more information," Fox said. "But cost is not something they would consider when making a decision about sentencing."
St. Louis Circuit Attorney Jennifer Joyce and St. Louis County Prosecuting Attorney Robert McCulloch did not respond to calls seeking comment.
Cathy Kelly, of the Missouri Public Defender System, said the new information is vital in tough economic times, noting, "The state is going bankrupt, and ... we're spending millions and millions on prison sentences that have proven not to work."
Kelly said she thinks Missouri residents would appreciate cost-effective options besides prison, especially for offenders in minor and nonviolent cases. "Sometimes alternative sentences are needed to get them out of the cycle as opposed to throwing them in a cell and throwing money at the problem."
Across the nation, some courts are pushing judges away from incarceration and toward drug courts and community-based treatments, experts said.
Banas, the St. Charles County prosecutor, said he supports the consideration of alternatives that are proven to be successful and cost-effective. "It won't hurt to have that information available, but it shouldn't drive the outcome of the case," he said.
The sentencing commission has faced controversy before. Critics have said that its recommended sentencing guidelines are unrealistic. A June 20 story in the Post-Dispatch illustrated the disparity with the case of a woman from Platte County who was convicted of videotaping the sexual abuse of her 16-year-old pregnant daughter. The guideline recommended probation, but the judge saw fit to send her to prison for 58 years.
Missouri is among 20 states, plus the District of Columbia, that have sentencing commissions. Illinois is not.


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