Fiscal Pressures Lead Some States to Free Inmates Early
By Keith B. Richburg and Ashley Surdin
Washington Post Staff Writers
Monday, May 5
NEW YORK -- Reversing decades of tough-on-crime policies, including mandatory
minimum prison sentences for some drug offenders, many cash-strapped states are
embracing a view once dismissed as dangerously naive: It costs far less to let
some felons go free than to keep them locked up.
It is a theory that has long been pushed by criminal justice advocates and
liberal politicians -- that some felons, particularly those convicted of minor
drug offenses, would be better served by treatment, parole or early release for
good behavior. But the states' conversion to that view has less to do with a
change of heart on crime than with stark fiscal realities. At a time of
shrinking resources, prisons are eating up an increasing share of many state
budgets.
"It's the fiscal stuff that's driving it," said Marc Mauer, executive director of the Sentencing Project, a
Washington-based group that advocates for more lenient sentencing. "Do you want
to build prisons or do you want to build colleges? If you're a governor, it's
kind of come to that choice right now."
Mauer and other observers point to a number of recent actions, some from
states facing huge budget shortfalls, some not, but still worried about
exploding costs.
· To ease the overcrowding and save California about $1.1 billion over two
years, Gov. Arnold Schwarzenegger (R) has proposed freeing about 22,000
prisoners convicted of nonviolent, nonsexual offenses 20 months earlier than
their scheduled release dates. He also wants to place them on unsupervised
parole, saving the state the cost of having all parolees assigned to an
agent.
· Lawmakers in Providence, R.I., approved an expansion last week of the
state's "good time" early-release rules to cover more inmates serving shorter
sentences. The new rules, which will put more inmates under post-prison
supervision, are expected to save Rhode Island an estimated $8 billion over five
years.
· In Kentucky, where 22,000 state inmates are housed in county prisons and
private facilities, lawmakers agreed to allow certain nonviolent, nonsexual
offenders to serve up to 180 days of their sentences at home, and to make it
easier for prisoners to earn credit for good behavior. The move could save the
state, which is facing a $900 million deficit over the next two years, as much
as $30 million.
· In Mississippi, where the prison population has doubled during the past
dozen years to 22,600, Gov. Haley Barbour (R) has signed into law two measures that will
reduce it: One to let certain nonviolent offenders go free after serving 25
percent of their sentences, and the other to release some terminally ill
inmates.
· South Carolina, meanwhile, is looking to abolish parole, in part to slow
the growth of its prison population since there would be fewer people returned
to prison for parole violations.
Proposals to free prisoners are still met with opposition, particularly from
law enforcement officials who fear that a flood of released felons could return
to their communities, and from victims groups that worry that justice is being
sacrificed for budgetary concerns.
The California plan has drawn criticism from the Legislative Analyst's
Office, the state's nonpartisan fiscal adviser, which warned that 63,000
mid-level offenders would "effectively go unpunished, serving little or no
prison time" and would not have active supervision.
The proposal also worries local governments and police in California,
particularly in Los Angeles County -- home to the nation's largest prison system,
which supplies about a third of the state's prison population. "It's kind of
like the volcano has erupted," County Sheriff Lee Baca said. "To let out 63,000
prisoners on summary parole -- which means no parole -- is not good policy."
Bob Pack, 52, of Danville, Calif., is particularly disturbed by the prospect
of softer punishment forthose convicted of drunken driving. In 2003, Pack's two
children -- Troy, 10, and Alana, 7 -- were struck and killed when a drunk
driver's car jumped a curb and ran onto a neighborhood sidewalk. The driver had
three prior drunken-driving convictions.
Said Pack: "I guarantee you that if this program is fulfilled, somewhere down
the road -- it could be three months or a year -- there's going to be a family
in court over the death of a loved one, because of someone who got out
early."
But for now, state officials are finding themselves under mounting pressure
to cut costs and are looking at their rising prison population.
Between 1987 and last year, states increased their higher education spending
by 21 percent, in inflation-adjusted dollars, according to the Pew Center on the
States. During the same period, spending on corrections jumped by 127
percent.
In the Northeastern states, according to the Pew report, prison spending over
the past 20 years has risen 61 percent, while higher education spending has
declined by 5.5 percent.
California -- which has the country's worst fiscal crisis, with a potential
shortfall of $20 billion -- has seen its prison-related spending swell to $10.4
billion for the 2008-2009 fiscal year. About 170,000 inmates are packed into
California's 33 prisons, which were designed to hold 100,000. About 15,000
prisoners are being housed in emergency beds, in converted classrooms and
gymnasiums.
Rhode Island's prison population peaked and its 4,000-inmate prison capacity
was exceeded in recent years, prompting a lawsuit and a court settlement. "The
soaring inmate census has created a crisis here," said Ashbel T. Wall, the
state's corrections director. "We've been busting the budget continuously. . . .
Our prisons have been packed."
New Jersey is one state making changes out of a desire for more efficiency.
Gov. Jon S. Corzine (D) is proposing legislation to expand drug
courts to channel more nonviolent, first-time drug offenders into treatment
instead of prisons, and also to expand supervised parole. Another proposal would
change the parole policy so parolees were not automatically returned to prison
for minor drug offenses, said Lilo Stainton, the governor's spokeswoman.
She said that in New Jersey's case, the changes are not budget-driven. "We
think this is a more humane and sensible way to treat people," she said.
Michigan is grappling with a massive prison population, mainly because "truth
in sentencing" rules make the state less generous about granting paroles.
Michigan's incarceration rate is 47 percent higher than that of the other Great
Lakes states, according to experts.
Michigan has become one of the few states that actually spend more on prisons
than on higher education -- about $2 billion for prisons, and $1.9 billion in
state aid to its 15 public universities and 28 community colleges. "It's
insane," said Barbara Levine of the Citizens Alliance on Prisons and Public
Spending in Lansing. "The governor is always talking about how we need to be
high tech. But these days, the best career opportunity is to get a job as a
prison guard."
In fact, according to Thomas Clay, a prisons and budget expert with
Michigan's nonprofit Citizens Research Council, the state government employed
70,000 people in 1980, including 5,000 working for the prisons system. Today,
the number of state workers has dropped to 54,000, but 17,000 work for the
prisons.
"You've got two decades of failed policies," said Laura Sager a consultant in
Michigan for Families Against Mandatory Minimums. She said mandatory sentencing
laws and tough penalties for drug offenses in the 1980s "bloated prisons and
prison populations, and the taxpayer is paying a very high price."
Now with states struggling with budget deficits, she said, "you have
pressures that make it palatable to take a second look."
Surdin reported from Los Angeles.
Original article: Wahington Post
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