Saturday, May 26, 2012
Effective op-ed on "Plantations, Prisons and Profits" in Louisiana
The title of this post is drawn from the headline of this new op-ed in the New York Times by Charles Blow, which gives justified praise to the recent local newspaper series about Louisiana's criminal justice system (which I have spotlighted in prior posts here and here). Here are excerpts:
“Louisiana is the world’s prison capital. The state imprisons more of its people, per head, than any of its U.S. counterparts. First among Americans means first in the world. Louisiana’s incarceration rate is nearly triple Iran’s, seven times China’s and 10 times Germany’s.”
That paragraph opens a devastating eight-part series published this month by The Times-Picayune of New Orleans about how the state’s largely private prison system profits from high incarceration rates and tough sentencing, and how many with the power to curtail the system actually have a financial incentive to perpetuate it.
The picture that emerges is one of convicts as chattel and a legal system essentially based on human commodification.... [S]ome facts from the series:
One in 86 Louisiana adults is in the prison system, which is nearly double the national average.
More than 50 percent of Louisiana’s inmates are in local prisons, which is more than any other state. The next highest state is Kentucky at 33 percent. The national average is 5 percent.
Louisiana leads the nation in the percentage of its prisoners serving life without parole.
Louisiana spends less on local inmates than any other state.
Nearly two-thirds of Louisiana’s prisoners are nonviolent offenders. The national average is less than half.
In the early 1990s, the state was under a federal court order to reduce overcrowding, but instead of releasing prisoners or loosening sentencing guidelines, the state incentivized the building of private prisons. But, in what the newspaper called “a uniquely Louisiana twist,” most of the prison entrepreneurs were actually rural sheriffs. They saw a way to make a profit and did. It also was a chance to employ local people, especially failed farmers forced into bankruptcy court by a severe drop in the crop prices.
But in order for the local prisons to remain profitable, the beds, which one prison operator in the series distastefully refers to as “honey holes,” must remain full. That means that on almost a daily basis, local prison officials are on the phones bartering for prisoners with overcrowded jails in the big cities.
It also means that criminal sentences must remain stiff, which the sheriff’s association has supported. This has meant that Louisiana has some of the stiffest sentencing guidelines in the country. Writing bad checks in Louisiana can earn you up to 10 years in prison. In California, by comparison, jail time would be no more than a year.
There is another problem with this unsavory system: prisoners who wind up in these local for-profit jails, where many of the inmates are short-timers, get fewer rehabilitative services than those in state institutions, where many of the prisoners are lifers. That is because the per-diem per prisoner in local prisons is half that of state prisons. In short, the system is completely backward....
Louisiana is the starkest, most glaring example of how our prison policies have failed. It showcases how private prisons do not serve the public interest and how the mass incarceration as a form of job creation is an abomination of justice and civility and creates a long-term crisis by trying to create a short-term solution. As the paper put it: “A prison system that leased its convicts as plantation labor in the 1800s has come full circle and is again a nexus for profit.”
Related recent posts:
- Profiling the top lock-up state in the top incarceration nation
- Continued great reporting on the toughest state in incarceration nation
Monday, May 21, 2012
Dharun Ravi sentenced to only 30 days in jail in NJ webcam case
As reported in this ABC News piece, "former Rutgers student Dharun Ravi was sentenced to 30 days in jail by a New Jersey judge today for spying on his roommate's gay tryst." Here are more about the basics:
"I do not believe he hated Tyler Clementi," Judge Glenn Berman told the court. "He had no reason to, but I do believe he acted out of colossal insensitivity."... "I heard this jury say, 'guilty' 288 times--24 questions, 12 jurors. That's the multiplication," Berman said. "I haven't heard you apologize once."
The prosecution, which sought a significant prison term, indicated it will appeal the judge's sentence.
Before the judge's sentencing, Ravi's mother delivered an emotional plea for leniency during which she and her son both broke into tears. At the end of her plea, Ravi's mother threw herself on her son, sobbing and hugging him.
In March, Ravi was found guilty of a bias crime for using a webcam to spy on his gay roommate Tyler Clementi. The family of Tyler Clementi, the Rutgers freshman who committed suicide after his roommate broadcast a gay sexual tryst, bitterly asked the judge today to sentence Ravi to prison time.
Clementi's father, Joseph Clementi, told the judge, "One of Tyler's last actions was to check Ravi's Twitter page" and noted that his son checked his roommate's Twitter page 37 times before leaving the Rutgers campus and driving to the George Washington Bridge where he jumped to his death....
Ravi was convicted of invasion of privacy, bias intimidation, witness tampering and hindering arrest, stemming from his role in activating the webcam to peek at Clementi's date with a man in the dorm room on Sept. 19, 2010.
I think this sentence is a bit light, all things considered, but the many direct and indirect consequences of the prosecution and convictions that Ravi has endured and will continue to face (including potential deportation) arguably is greater punishment than any jail term. These varied criminal justice consequences ought also help in some small way deter others from similar acts of "colossal insensitivity," though nobody should really expect this case (or any punishment for Ravi) to really impact the tendency of young people to be insensitive sometimes.
I have no idea if NJ state prosecutors have much chance of getting a longer sentence through an appeal; perhaps some local NJ lawyers might report if they do. Especially in these lean budget times, I do not quite see why an appeal here would be a wise use of limited resources unless prosecutors can identify some legal error in the sentencing process for Ravi.
Sunday, May 20, 2012
Extreme sentence in warning shot case drawing more criticisms of mandatory minimums
I am pleased to see that the extreme mandatory minimum sentence given to Marissa Alexander in Florida is continuing to generate controversy and criticism in the MSM. This AP article, headlined "Critics hit mandatory-minimum law after woman gets 20 years in prison for firing warning shot," highlights some of the buzz:
Marissa Alexander had never been arrested before she fired a bullet at a wall one day in 2010 to scare off her husband when she felt he was threatening her. Nobody got hurt, but this month a northeast Florida judge was bound by state law to sentence her to 20 years in prison.... Because she fired a gun while committing a felony, Florida’s mandatory-minimum gun law dictated the 20-year sentence.
Her case in Jacksonville has drawn a fresh round of criticism aimed at mandatory-minimum sentencing laws. The local NAACP chapter and the district’s African-American congresswoman say blacks more often are incarcerated for long periods because of overzealous prosecutors and judges bound by the wrong-headed statute. Alexander is black.
It also has added fuel to the controversy over Florida’s “stand your ground” law, which the judge would not allow Alexander to invoke. State Attorney Angela Corey, who also is overseeing the prosecution of shooter George Zimmerman in the Trayvon Martin case, stands by the handling of Alexander’s case. Corey says she believes Alexander aimed the gun at the man and his two sons, and the bullet she fired could have ricocheted and hit any of them.
At the May 11 sentencing, Alexander’s relatives begged Circuit Judge James Daniel for leniency but he said the decision was “out of my hands.” “The Legislature has not given me the discretion to do what the family and many others have asked me to do,” he said.
The state’s “10-20-life” law was implemented in 1999 and credited with helping to lower the violent crime rate. Anyone who shows a gun in the commission of certain felonies gets an automatic 10 years in prison. Fire the gun, and it’s an automatic 20 years. Shoot and wound someone, and it’s 25 years to life.
Critics say Alexander’s case underscores the unfair sentences that can result when laws strip judges of discretion. About two-thirds of the states have mandatory-minimum sentencing laws, mostly for drug crimes, according to a website for the Families Against Mandatory Minimums advocacy group. “We’re not saying she’s not guilty of a crime, we’re not saying that she doesn’t deserve some sort of sanction by the court,” said Greg Newburn, Florida director for the group. Rather, he said, the judge should have the authority to decide an appropriate sanction after hearing all the unique circumstances of the case....
Victor Crist was a Republican state legislator who crafted the “10-20-life” bill enacted in 1999 in Gov. Jeb Bush’s first term. He said Alexander’s sentence — if she truly did fire a warning shot and wasn’t trying to kill her husband — is not what lawmakers wanted. “We were trying to get at the thug who was robbing a liquor store who had a gun in his possession or pulled out the gun and threatened someone or shot someone during the commission of the crime,” said Crist, who served in the state House and Senate for 18 years before being elected Hillsborough County commissioner....
“The irony of the 10-20-life law is the people who actually think they’re innocent of the crime, they roll the dice and take their chances, and they get the really harsh prison sentences,” Newburn said. “Whereas the people who think they are actually guilty of the crime take the plea deal and get out (of prison) well before. So it certainly isn’t working the way it is intended.”...
Newburn says Alexander’s case is not an isolated incident, and that people ensnared by mandatory-minimum laws cross racial barriers. In central Florida, a white man named Orville Lee Wollard is nearly two years into a 20-year sentence for firing his gun inside his house to scare his daughter’s boyfriend. Prosecutors contended that Wollard was shooting at the young man and missed.
He rejected a plea deal that offered probation but no prison time. Like Alexander, he took his chances at trial and was convicted of aggravated assault with a firearm. Circuit Judge Donald Jacobsen said he was “duty bound” by the 10-20-life law to impose the harsh sentence. “I would say that, if it wasn’t for the minimum mandatory aspect of this, I would use my discretion and impose some separate sentence, having taken into consideration the circumstances of this event,” Jacobsen said.
Recent related posts:
- Very different case provides a very different (sentencing) perspective on Florida gun laws
- Another obvious mandatory sentencing injustice in Florida "warning shot" case
May 20, 2012 in Mandatory minimum sentencing statutes, Offense Characteristics, Procedure and Proof at Sentencing, Scope of Imprisonment, State Sentencing Guidelines | Permalink | Comments (9) | TrackBack
Wednesday, May 16, 2012
Continued great reporting on the toughest state in incarceration nation
As noted in this post from this past weekend, the New Orleans Times-Picayune is published a huge eight-part series on the severity of punishment and prison overcrowding in the Bayou state. This series is titled "Louisiana Incarceration: How We Built the World's Prison Capital," and every piece in the series merits a full read. Today's installment is headlined "Prison sentence reform efforts face tough opposition in the Legislature," and here are a few excerpts from the outset:
Even as prison populations have strained the state budget and prompted fiscal conservatives to join liberals in calling for changes, the political calculus in Louisiana has evolved slowly since a series of tough sentencing laws in the 1970s, '80s and '90s bloated the state's inmate counts.
If anything, the balance has remained tilted toward law enforcement. After a prison-building boom in the 1990s, Louisiana sheriffs now house more than half of inmates serving state time -- by far the nation's highest percentage in local prisons. Their financial stake in the prison system means they will lose money if sentences are shortened. They typically house the same drug pushers, burglars and other nonviolent offenders who will be the likely targets of any serious efforts to change the system.
"The three easiest votes for a legislator are against taxes, against gambling and to put someone in jail for the rest of their lives," said state Sen. Danny Martiny, R-Kenner, a veteran policymaker who has led the judiciary committees in both the House and Senate.
This lengthy piece goes on to detail how challenging it can be to forge a needed political consensus for any ameliorative sentencing reforms.
Saturday, May 12, 2012
Another obvious mandatory sentencing injustice in Florida "warning shot" case
As reported in this CNN story, headlined "Florida woman sentenced to 20 years in controversial warning shot case," another high-profile shooting case in Florida has produced a different kind of criminal justice controversy. Here are the details:
Saying he had no discretion under state law, a judge sentenced a Jacksonville, Florida, woman to 20 years in prison Friday for firing a warning shot in an effort to scare off her abusive husband.
Marissa Alexander unsuccessfully tried to use Florida's controversial "stand your ground" law to derail the prosecution, but a jury in March convicted her of aggravated assault after just 12 minutes of deliberation.
The case, which was prosecuted by the same state attorney who is handling the Trayvon Martin case, has gained the attention of civil rights leaders who say the African-American woman was persecuted because of her race.
After the sentencing, Rep. Corrine Brown confronted State Attorney Angela Corey in the hallway, accusing her of being overzealous, according to video from CNN affiliate WJXT. "There is no justification for 20 years," Brown told Corey during an exchange frequently interrupted by onlookers. "All the community was asking for was mercy and justice," she said.
Corey said she had offered Alexander a plea bargain that would have resulted in a three-year prison sentence, but Alexander chose to take the case to a jury trial, where a conviction would carry a mandatory sentence under a Florida law known as "10-20-life." The law mandates increased penalties for some felonies, including aggravated assault, in which a gun is carried or used.
Corey said the case deserved to be prosecuted because Alexander fired in the direction of a room where two children were standing. Alexander said she was attempting to flee her husband, Rico Gray, on August 1, 2010, when she picked up a handgun and fired a shot into a wall. She said her husband had read cell phone text messages that she had written to her ex-husband, got angry and tried to strangle her.
She said she escaped and ran to the garage, intending to drive away. But, she said, she forgot her keys, so she picked up her gun and went back into the house. She said her husband threatened to kill her, so she fired one shot. "I believe when he threatened to kill me, that's what he was absolutely going to do," she said. "That's what he intended to do. Had I not discharged my weapon at that point, I would not be here."...
A jury convicted Alexander in March and Judge James Daniel denied her request for a new trial in April. Daniel handed down the sentence Friday after an emotional sentencing hearing during which Alexander's parents, 11-year-old daughter and pastor spoke on her behalf.
Several people had to be escorted from the courtroom after breaking out singing and chanting about a perceived lack of justice in the case, but Daniel made a point to say that he had no choice under state law. "Under the state's 10-20-life law, a conviction for aggravated assault where a firearm has been discharged carries a minimum and maximum sentence of 20 years without regarding to any extenuating or mitigating circumstances that may be present, such as those in this case," Daniel said.
Brown, the Jacksonville congresswoman, told reporters after the sentencing that the case was a product of "institutional racism."
"She was overcharged by the prosecutor. Period," Brown said. "She never should have been charged." Brown has been more complimentary about Corey's work in the Trayvon Martin case, where her office filed second degree murder charges against neighborhood watch volunteer George Zimmerman in the February 26 death of the unarmed African-American teen-ager.
It is sad, very disappointing and ultimately quite harmful that Rep. Corrine Brown is apparently so eager to assert that the injustice in this case reflects "institutional racism" and misuse of prosecutorial discretion. It seems far more appropriate to complain that the injustice in this case reflects structural flaws in Florida's sentencing laws and mistakes by the state legislature to fail to provide a safety-valve from the application of broad mandatory sentencing provisions.
As the CNN story reveals, the prosecutor apparently had the ability and authority to prevent application of Florida's "10-20-life" sentencing law if Marissa Alexander had been wiling to forgo her constitutional right to trial to have the judicial system consider her self-defense claims. But after Alexander decided to exercise her trial rights, then her conviction apparently deprived a judge or any other authority the ability and authority to sentence her to anything less than 20 years in prison. Without knowing more about the case, I am not sure if the three-year term offered in the plea or even a lesser sentence would have been appropriate, but it seem obvious to me that a 20-year term is grossly excessive for Alexander's offense conduct.
Bemoaning this case as a reflection of "institutional racism" brings far more heat than light to this dark (but not uncommon) example of mandatory sentencing injustice. A focus instead on the problems with letting only prosecutors and not judges decide if a case merits an exception to strict sentencing rules could help this case engender needed structural reforms rather than more racial polarization. Helpfully, the folks at FAMM are effectively using this case to bring attention to these critical sentencing matters, but I fear that the eagerness of Rep. Corrine Brown to play the race card will eclipse FAMM's efforts to use this kind of case to foster sober and needed sentencing reforms.
Though I am not certain of the sentencing commutation authority of Florida's Governor, this case seems to cry out for executive clemency. Though involving a very offense environments, I am reminded of the high-profile "border agent" case from a few years ago in which two federal border agents got saddled with a sentences of more than a decade after failed self-defenses claims due mandatory federal gun sentencing provisions. On his last day in office, as detailed here, President George W. Bush justifably commuted the sentences of these border agents. I hope Florida's Governor has both the power and the wisdom to use the same means to undue an obvious sentencing injustice in this case.
May 12, 2012 in Clemency and Pardons, Examples of "over-punishment", Mandatory minimum sentencing statutes, Procedure and Proof at Sentencing, Race, Class, and Gender, State Sentencing Guidelines, Who Sentences? | Permalink | Comments (33) | TrackBack
Saturday, May 05, 2012
Call for papers/panelists for Valparaiso University Law School drug sentencing conference
I am pleased to be able to fulfill a request to post a "Call for Papers" in conjunction with a timely conference at scheduled for Valparaiso University Law School on November 9, 2012, entitled "Exploding Prison Populations and Drug Offenders: Rethinking State Drug Sentencing." Here is the call:
Frequently, state sentencing approaches to drug offenses fail to distinguish between serious traffickers and low-level violators. For example, in Indiana, a person selling $40 worth of crack cocaine faces the same sentence (i.e., 20 to 50 years in prison) as a major drug dealer. Indiana’s framework presents an extreme example of this phenomenon, but Indiana is not alone in its approach; many other states are experiencing unintended consequences of similar policies. Long-term sentences for low-level drug offenders have contributed to the exponential growth in many states’ prison populations. Frequently, commentators question whether the expenses of this non-differentiating methodology are warranted in human and other costs. Among other topics, the conference will examine (1) whether the current system can be justified; (2) the deterrent effect on drug usage of long-term incarceration and widespread imprisonment; and, (3) whether the likelihood of apprehension and conviction affects the market for drugs. Submissions relating to drug sentencing are welcomed, especially submissions on the following subjects:
- The costs and benefits to taxpayers of incarcerating low-level drug offenders
- The impact of drug sentencing laws on minority groups and other affected communities
- Whether the science of addiction can inform decisions regarding optimal responses to drug use and sales
- Legislative approaches to the challenges of incarceration for drug offenses
Selected conference papers will be published in a special issue of the Valparaiso University Law Review. To submit a paper for presentation at the conference, please provide an abstract of you work by email submission no later than Monday, August 27, 2012. It should be addressed to Melissa Mundt, Associate Director of Academic Services, Valparaiso University Law at Melissa.Mundt AT valpo.edu.
Thursday, May 03, 2012
Significant sentencing reform passes (nearly unanimously) in yet another red state
As reported in this local article, headlined "Missouri Legislature passes sentencing, parole guidelines," yet another so-called red state has now enacted a significant piece of sentencing reform legislation. Here are the basics:
During three decades as a St. Louis police officer and FBI agent, Gary Fuhr worked to lock up lawbreakers. As he puts it: "I spent my entire career trying to make sure all our correctional facilities operated at maximum capacity."
But after becoming a member of the state House last year, Fuhr participated in an eye-opening study of who is in state prisons and why. Now, the south St. Louis County Republican is the chief sponsor of a bill designed to keep some nonviolent offenders out of prison by beefing up community supervision alternatives. "It keeps our beds available for the folks who truly need to be locked up," Fuhr said.
The Legislature passed the bill on Wednesday and sent it to Gov. Jay Nixon, who is expected to sign it. The bill is projected to save the state an estimated $168,657 next year and potentially more in future years. The House passed the bill on a vote of 151-0. The Senate approved it 24-3.
While the bill is not as far-reaching as prison-closing measures passed in some states, its overwhelming, bipartisan approval stands out in a legislative session marked by gridlock and election-year politics. It garnered support from prosecutors as well as public defenders, staunch law-and-order legislators as well as social welfare advocates, domestic violence workers as well as civil libertarians....
At the heart of the plan is more intensive community supervision. For example, probation officers could mete out immediate, 48-hour jail stays when an offender violates a rule of supervision, such as failing a drug test. Backers say swift punishment would get the message across better than the current system, in which minor violations pile up, get mired in court backlogs and then result in an offender being shipped to the penitentiary.
The bill had its beginnings in a "State of the Judiciary" speech given in 2010 by Missouri Supreme Court Judge William Ray Price. He told legislators that incarcerating nonviolent offenders — without treating their underlying drug and alcohol problems — was costing billions and wasn't making a dent in crime.
Missouri spends more than $660 million a year to keep 31,130 people behind bars and 73,280 offenders on probation and parole. More than 11,000 employees, or one out of every five people on the state government payroll, work for the Department of Corrections.
Last year, Nixon, a Democrat, and the Legislature's top Republican leaders teamed with court officials to set up a working group to analyze prison data and make recommendations. Crunching the data was the Pew Center on the States and staff from its Public Safety Performance Project, which has done similar work in about 20 states. "The idea is, we can get more public safety at less cost," said Brian Elderbroom, a project manager at the Pew Center.
The most striking finding in Missouri's study: 71 percent of prison admissions resulted from probation or parole violations. And about 43 percent of the incoming prisoners had committed "technical" violations, such as failing to report a move or missing an appointment with a probation officer.
The bill aims to keep those offenders on track while they're on probation so they don't wind up in prison. The state would award points for following the rules, shortening an offender's supervision period by 30 days for every 30 days of compliance. "It motivates them to do the right thing," Fuhr said....
The new system would apply only to people convicted of certain drug offenses and lower-level C and D felonies, such as stealing, bad checks and forgeries. Prosecutors insisted that felonies such as aggravated stalking and sexual assault be excluded. "We're very happy with the bill as it is now," said McCulloch, president of the Missouri Association of Prosecuting Attorneys.
Some states, such as Kentucky, went too far, McCulloch said, by requiring that the state's prison population be reduced by several thousand people. "The easiest thing is to empty prisons," the prosecutor said. "You just start paroling people. But that hurts public safety. We wanted to make sure we stayed away from that."
Wednesday, May 02, 2012
Georgia joins ever-growing red states enacting sweeping sentencing reforms
As reported in this Atlanta Journal-Constitution article, headlined "Governor to sign sweeping justice reform bill," the "way Georgia punishes thousands of nonviolent offenders will forever change when Gov. Nathan Deal signs landmark legislation Wednesday." Here is more:
Deal told The Atlanta Journal-Constitution he will also sign an executive order continuing the work of a special council that studied the state's prison system and recommended sweeping changes to control unimpeded growth in prison spending. The reforms in House Bill 1176, to be signed at a ceremony at the Capitol, are projected to save taxpayers $264 million over the next five years....
Years ago, Georgia was among the states leading the nation in tough-on-crime sentencing laws. But Georgia now joins a host of other states -- including Texas, Mississippi, North Carolina and South Carolina -- that have enacted legislation to address soaring prison spending that was doing little to reform offenders. The legislation enjoyed extraordinary bipartisan support, with the final version being approved unanimously by both the House and Senate.
The sentencing reform package, which takes effect July 1, is part of a broader criminal justice initiative pushed by Deal. The Legislature also approved the governor's recommendation to quintuple funding to $10 million for "accountability courts" that require defendants to work, seek treatment and stay sober.
"As we reserve more of our expensive [prison] bed space for truly dangerous criminals [we] free up revenue to deal with those who are not necessarily dangerous but are in many ways in trouble because of various addictions," Deal said. "Our system is feeding on itself with our recidivism rate being as high as it is. We have the opportunity now to make a difference in the lives of future generations of Georgians."
Deal said he will ask the Special Council on Criminal Justice Reform for Georgians, comprised of lawmakers, lawyers, judges and other officials, to continue its work and focus on getting inmates ready to be contributing members of society before they leave prison.... The special council is also expected to be called on to address two initiatives the Legislature did not take up this year -- decriminalizing many of the state's traffic offenses and allowing "safety valves" for some mandatory minimum sentences.
Georgia criminalizes minor traffic offenses -- more than 2 million a year -- while most other states treat them as violations with a fine as the penalty, the council said in a November report.... The special council also suggested judges should be allowed to depart from minimum mandatory prison sentences, such as those for drug trafficking. A number of states, including Connecticut, Florida and Maine, have "safety valves" for various drug and habitual violator offenses.
"In Georgia, it's an issue that's not going to go away," said State Bar of Georgia President Ken Shigley, a member of the special council. "To have a one-size-fits-all sentence for crimes that can be so different in terms of the offense and the offender doesn't always serve the best interests of justice."
Kelly McCutchen, president of the Georgia Public Policy Foundation, the think tank that strongly supported H.B. 1176, predicted the process will take years. Safety valves, he said, could help inmates with their transitions back into society. "As a private citizen, I would feel a whole lot better if maybe we cut a few months off their sentence, put them in a half-way house, provide them some supervision, some training and if they're not ready yet, pull them back into prison."
State Rep. Rich Golick, R-Smyrna, who sponsored the sentencing reform bill, said the law reflects a new "smart on crime" approach in Georgia. "More non-violent offenders will be directed toward drug courts and rehabilitation where that is possible, and that will reserve more prison beds for violent offenders who need to be kept away," he said. "Public safety is enhanced and taxpayer money is saved."
House Bill 1176, to be signed into law today, would:
- Create new categories of punishment for drug possession crimes, with less severe penalties for those found with small amounts.
- Increase the felony threshold for shoplifting from $300 to $500 and for most other theft crimes to $1,500.
- Create three categories for burglaries, with more severe punishment for break-ins of dwellings by burglars who are armed and cause physical harm to a resident, with the least severe penalties for those who break into unoccupied structures or buildings.
- Create degrees of forgery offenses, with graduated punishment for the type of offense and amount of money involved.
Tuesday, May 01, 2012
Indiana legislators (over?)reacting to pair of sex offenders earning early prison release
This new AP story, headlined "Early prison release for sex offenders irks lawmakers," provides a telling and notable how sex offenders can get into trouble and prompt a harsh legislative response for, in essence, just being good prisoners. Here are the details:
Indiana lawmakers are planning changes to the state’s early release law in response to this week’s slated release of two convicted sex offenders who significantly shortened their prison terms by earning college degrees.
Republican Sen. Jim Merritt of Indianapolis said Tuesday the law’s shortcoming is illustrated by the case of Christopher Wheat, a former high school swim coach convicted of having a sexual relationship with a 14-year-old female swim student.
Wheat, 38, is scheduled for release Thursday from the New Castle Correctional Facility after serving less than two years of his eight-year sentence. Merritt said Wheat “manipulated the system” to cut his sentence to about 20 months by earning two computer science degrees behind bars. “I think he gamed the system. And we need to make sure nobody does that anymore,” Merritt said. “We all believe education in prison should be for the rehabilitation of one’s character and preparing them for their life as an ex-offender.”...
Wheat was sentenced to eight years in September 2010 following his conviction on two counts of sexual misconduct with a minor and one count of child solicitation. His victim was a then-14-year-old student he coached at Lawrence North High School in Indianapolis.
Doug Garrison, a spokesman for the Indiana Department of Correction, said Wheat was sentenced to 15 years in prison, with five years suspended and another two years in community corrections, leaving him with an eight-year sentence. It was cut to four years for good behavior and another two years and three months were removed when he earned an associate degree and a bachelor’s degree. Garrison said Wheat must wear a GPS-monitored ankle bracelet following his release from prison.
Merritt said he’s working with Sen. Randy Head, R-Logansport, to draft legislation for the next General Assembly that would likely include making convicted sex offenders unable to shave time off their sentences by earning degrees in prison. It might also seek to prevent inmates from using previously accumulated college credits toward their degrees, as Wheat had done....
Merritt said the slated release of another convicted sex offender -- also Thursday from the New Castle prison -- demonstrates that changes are needed to the state’s early release law. Daniel J. Moore, a 53-year-old former New Whiteland Baptist Church pastor, pleaded guilty in March 2010 to child solicitation and sexual misconduct with a minor for a sexual relationship with a 15-year-old girl who was a church member. His 10-year sentence was cut to five for good behavior, and he earned associate and bachelor’s degrees in human services, further paring his sentence to about two and a half years.
State Sen. Pat Miller, R-Indianapolis, said she also will push for changes to the early release law “to fix this terrible situation.” “Sexual predators are a menace to our society. The pain they inflict upon their victims lasts a lifetime, and it makes no sense that these violent offenders are being released early from prison,” Miller said in a statement.
May 1, 2012 in Prisons and prisoners, Procedure and Proof at Sentencing, Reentry and community supervision, Sentences Reconsidered, Sex Offender Sentencing, State Sentencing Guidelines, Who Sentences? | Permalink | Comments (2) | TrackBack
"Illinois panel of lawmakers: Don't close prisons, mental facilities"
The title of this post is the headline of this new AP article which highlights some of the challenges, even in lean budget times, of making dramatic cuts to the big government prison-industrial complex supported by taxpayer dollars. Here are excerpts:
A panel of Illinois lawmakers recommended against closing two prisons and a developmental center Tuesday, a vivid illustration of how difficult it will be for officials to slash state spending this year.
Closing the facilities would save the state tens of millions of dollars at a time when the governor and legislative leaders want to cut billions. But the closures also would eliminate hundreds of jobs, deliver painful blows to downstate communities... Legislators were unwilling to endorse that trade-off.
The Commission on Government Forecasting and Accountability voted 7-3 against closing the Tamms "supermax" prison and a women's prison in Dwight, as Gov. Pat Quinn has proposed.... The commission also gave a thumbs-down to closing two Department of Corrections halfway houses and a juvenile prison.
The votes were only advisory. The Democratic governor is still free to close the institutions if he wants.
Rep. Patricia Bellock, a top budget negotiator for House Republicans, rejected all the proposed closures. The amount of money involved may be small, she said, but the impact would be huge. "I don't feel it's minor when you're dealing with people's lives," said Bellock, co-chair of the commission.
Some Democrats on the commission supported closing the major facilities. Republicans generally opposed them.
The Tamms prison is a relatively new facility that houses the state's most dangerous and disruptive prisoners. Human rights advocates criticize it for holding prisoners in solitary confinement, keeping them in their cells 23 hours a day. Quinn says moving those inmates to other prisons and shutting Tamms would save about $26 million a year.
Closing the Dwight prison and moving inmates to a penitentiary in Lincoln would save about $37 million. Shutting the halfway houses and youth camps that the commission rejected Tuesday would cut spending by roughly $27 billion.
Sunday, April 08, 2012
Ohio sentencing judges complain about lack of discretion to send offenders to prison
In the federal system, sentencing judges often complain about mandatory minimum sentencing provisions that limit their discretion to impose alternatives to incarceration on certain offenders. In this interesting local article from Ohio, which is headlined "Judges chafe under new sentencing requirements," we hear of sentencing judges complaining about mandatory maximum sentencing provisions that limit their discretion to give prison terms to certain offenders. Here is how the article begins:
John Elder pleaded guilty to six counts of theft, three counts of insurance fraud and three counts of forgery in February. He stole from his church, and defrauded the insurance company he worked for. The prosecutor wanted to send him to prison. Fairfield County Common Pleas Judge Richard Berens agreed. But first, the judge had to jump through another hoop.
Last year the Ohio General Assembly passed a sweeping sentencing reform designed to reduce the prison population and promote community corrections. House Bill 86 requires judges to first consult with the Department of Rehabilitation and Correction if they want to imprison a first-time, non-violent, low-level felony offender like Elder.
It's not often prison time is sought for these offenders, Berens said. But as in Elder's case, it does happen, and many judges feel that the Legislature has impeded on their authority. Elder's sentence is still pending. "The law has only been in effect for six months, so (the offenders) are starting to filter through the system," Berens said. "I've had offenders who brazenly will come into the courtroom and say, 'You, judge, cannot send me to prison.' "
Some officials say the battle about how to treat low-level offenders may itself wind up in court. It will take some time, though, for the affected cases to trickle up to the appellate courts and possibly to the Ohio Supreme Court, said David Diroll, executive director of the Ohio Criminal Sentencing Commission.
Hancock County Common Pleas Judge Reginald Routson said since the courts have to consult the Department of Rehabilitation and Correction - an arm of the executive branch - H.B. 86 violates the separation of powers and is unconstitutional.
Berens has circulated a four-page letter to the media, legal circles, and even on the court's website criticizing the new law. He said there are cases when a person commits a number of low-level felonies at once, or has a long misdemeanor record, that do warrant prison time. "For example, an offender on any given day could have sexual intercourse with a 14-year-old girl, break into his neighbor's garage and steal tools worth $20,000, buy and sell up to 49 doses of heroin or LSD, and, upon being pursued by law enforcement in his vehicle, commit the offense commonly known as fleeing and eluding," Berens wrote. "... As a result of H.B. 86, at sentencing, a judge could not sentence the offender ... to prison."
Thursday, March 29, 2012
Vermont exploring racial disparties in its prison population
Few people likely think first of Vermont when concerned about racial disparties in the operation of criminal justice systems, but this local article from the Green Mountain State highlights that Vermont's legislators are (justifiably) concerned on this front. The piece is headlined "Vermont bill calls for study of prison population by race," and here are excerpts:
It’s been a vexing puzzle for years, and Vermont lawmakers have decided to take a step at trying to solve it: Why do African-Americans make up 10.3 percent of Vermont’s prison population when they are just 1 percent of residents in the nation’s second-whitest state?
Traffic stops and roadside searches have been studied for years as a possible source of race-based bias among Vermont law enforcement. A new study, contained in a bill given preliminary approval by the House on Tuesday, will look at whether bias enters the picture when defendants are sentenced in court.
“There’s a dramatic disparity between those who are incarcerated and what our census data show,” said Rep. William Lippert. The Hinesburg Democrat chairs the House Judiciary Committee and described the bill to his House colleagues Tuesday. It won preliminary approval on an overwhelming voice vote and was up for final House action Wednesday before moving to the Senate.
The figures are striking: African-Americans make up just 1 percent of the population of a state that is 95.3 percent white, yet they make up 10.3 percent of Vermont inmates. Put another way, a Vermont inmate is more than 10 times as likely as a resident at large to be African-American.
According to the legislative findings at the beginning of the bill, a statistical technique called regression analysis indicated that black men were 1.5 times more likely, and women 2.6 times more likely, to be arrested in Vermont than their white counterparts....
The bill requires that a key part of the study look at prior criminal records of defendants, including prior convictions from out of state. Appel said there is widespread belief — but not enough data to back it up — that African-Americans frequently get into trouble in Vermont when they bring illegal drugs from elsewhere to sell in the state.
“Is it racial profiling, or black men preying on our kids by selling drugs in our communities? It’s long overdue for us to get a handle on what’s driving these disparities,” Appel said. “That’s what this study is designed to answer.”
Friday, March 16, 2012
"Ravi found guilty on 24 of 35 charges in webcam case"
The title of this post is the headline of this local report on the high-profile state criminal trial of a Rutgers student that has been taking place in New Jersey. Here are the basics:
Dharun Ravi has been found guilty of 24 of 35 separate charges by a Superior Court jury here. Following three days of deliberation, the jurors found Ravi guilty of invasion of privacy, bias intimidation, attempted invasion of privacy, tampering with physical evidence, hindering apprehension or prosecution, witness tampering and tampering with physical evidence.
Three of the counts carry a possibility of jail time; they are the bias intimidation charges as well as the hindering apprenhension count. Sentencing has been scheduled for May 21.
In all, the former Rutgers student was charged with 15 counts for using a webcam to spy on his gay roommate’s encounter with another man in their college dorm room in September of 2010.
Media attention at the Middlesex County Courthouse is intense, with more than 100 news gatherers covering the trial. The 12 jurors with three alternates worked their way through a verdict sheet that asked them to decide Ravi’s guilt on 35 different separate questions regarding the 15 counts. The charges included invasion of privacy, attempted invasion of privacy, bias intimidation, tampering with physical evidence, hindering apprehension or prosecution, witness tampering and tampering with physical evidence....
On Sept. 19, 2010 Ravi was alleged to have briefly spied on Clementi and a man known only as M.B. for a few seconds with Molly Wei, a dorm mate who was a resident across the hall from Ravi. Ravi was charged with making a second attempt to spy on them two days later. Clementi jumped off the George Washington Bridge on Sept. 22, 2010. The trial has drawn national media attention because of discussions it has raised regarding cyber-bullying, misuse of social media and anti-gay bias.
Because New Jersey sentencing law is complicated (thanks in part to Apprendi, which notably came out of New Jersey and involved judicial fact-finding about racial bias to increase a sentence), I have no idea what kinds of sentence(s) Dharun Ravi might be facing. Because I have seen reports that Ravi might now also need to fear deportation, constitutional gururs can already begin spotting Padilla-related issues along with Apprendi issues in this high-profile case.
Free from even knowing yet what applicable state sentencing law provides, I am very eager to hear from readers about what kind of sentence they think should (or will) be imposed upon Dharun Ravi following these convictions. I have not followed the case closely enough to have a sense of all the relevant sentencing consideration, but I do sense that the forthcoming sentencing could end up raising a lot of interesting legal and policy issues. Thus, I suspect this may be just the first post in a series as this case turns toward sentencing.
March 16, 2012 in Collateral consequences, Offense Characteristics, Procedure and Proof at Sentencing, Purposes of Punishment and Sentencing, State Sentencing Guidelines, Who Sentences? | Permalink | Comments (37) | TrackBack
Tuesday, March 06, 2012
"Reallocating Justice Resources: a Review of 2011 State Sentencing Trends"
The title of this post is the title of this new report from the Vera Institute of Justice, which seeks to review the lessons from 14 states that have responded to the budget crunch by passing research-driven sentencing and corrections reform in 2011. Here is the start of the report's executive summary:
Most states are facing budget crises, and criminal justice agencies are not exempt. With fewer dollars available, they are challenged to increase public safety while coping with smaller budgets. This report distills lessons from 14 states that passed research-driven sentencing and corrections reform in 2011 and is based on interviews with stakeholders and experts, and the experience of technical assistance staff at the Vera Institute of Justice. It is intended to serve as a guide to policy makers and others interested in pursuing evidence-based justice reform in their jurisdiction.
Legislatures throughout the United States enacted sentencing and corrections policy changes in 2011 that were based on data analysis of their prison populations and the growing body of research on practices that can reduce recidivism. Although this emphasis on using evidence to inform practice is not new in criminal justice, legislators are increasingly relying on this science to guide the use of taxpayer dollars more effectively to improve public safety outcomes.
In highlighting important legislative changes enacted in the past year, this report documents a new approach to reform in which bipartisan, multidisciplinary policy groups are using analysis of state population and sentencing data, harnessing the political will emerging from the budget crisis, relying on decades of criminal justice research, and reaching out to key constituencies. The result is legislation that aims to make more targeted use of incarceration and to reinvest the cost savings into community programs geared toward reducing recidivism and victimization.
Friday, March 02, 2012
Alaska Chief Justice assails state's sentencing guidelines rules
As reported in this local article, sentencing and corrections reform is a topic of discussion in debate outside the lower 48. The article is headlined, "Chief Justice rips state's sentencing guidelines: Juneau-based justice tell Legislature new 'smart justice' strategies are needed." Here are excerpts:
The chief justice of the Alaska Supreme Court told the Alaska Legislature the state’s judges would like to be able to help them reduce prison costs and protect the public, but the Legislature won’t let them. “Under our state’s presumptive sentencing guidelines, in place since 1978, the judge’s role in sentencing is really quite limited, the range of most sentences is prescribed by law,” Walter “Bud” Carpeneti said.
He addressed a joint session of the House of Representatives and Senate on Wednesday, and told the legislators new studies are showing how recidivism can be reduced and keep people out of prison. Tough early action when those on probation miss appointments or fail drug tests is just one example, he said....
Most sentences are not decided by judges, he said, but are plea bargains between prosecutors and defense attorneys. “Judges today are rarely called on to participate in the sentencing process,” Carpeneti said. “In the vast majority of cases they simply approve or disapprove a sentence,” he said.
While judges technically have the authority to reject a plea agreement that is rarely done. Only about 5 percent of all cases wind up without a plea bargain, he said. “Open sentencing, where the prosecution and the defense have not agreed on the ultimate sentence in advance is quite rare,” he said.
Even in those cases, the presumptive sentences mandated by the Legislature narrow the judges’ role in the process, he said. “Sometimes it resembles following an elaborate cookbook more than anything else,” he said.
That’s resulted in too many people in prisons when there might be better options, he said. The state’s prison population is heavily young, male and of color, and results in many people spending their formative years in prison when it would be better to have many of them in their communities. “Too many of Alaska’s young men, particularly our young men of color, are spending their early adulthoods in our prison system,” he said....
“Today we have scientific corrections research that shows us what intervention strategies work best,” he said. Because of presumptive sentencing rules, judges can’t use that knowledge to prevent future crimes and reduce prison costs, he said. What the state needs, he said, is “smart justice.”
Monday, February 27, 2012
Georgia latest "red" state moving forward with "progressive" sentencing reforms
A helpful reader alerted me to this new article appearing in the Atlanta Journal-Constitution, which provides another notable example of a notable state responding to budget concerns with sentencing reforms long urged by critics of "tough-on-crime" sentencing policies. The piece is headlined "Sweeping criminal justice changes proposed," and here are excerpts:
State legislative leaders on Monday proposed sweeping changes to criminal justice in Georgia, including a plan to reduce prison terms for some offenders and divert others into treatment rather than locking them up.
House Bill 1176 asserts that prison is by far the most expensive way to punish nonviolent offenders and that other methods are both cheaper and more effective. The reform effort would save tens of millions of dollars by reserving prison beds for violent criminals, backers say. “This initiative represents a significant first step in bringing conservative common sense to our criminal justice system,” said Rep. Rich Golick, R-Smyrna, the lead sponsor of the bill.
But the bill did not immediately win the support of Gov. Nathan Deal, who has pledged to lead the state’s effort to reform its criminal justice system. Deal said the bill failed to include all of the recommendations of a special council appointed to study the state’s approach to criminal sentencing.
Georgia spends more than $1 billion a year on prisons. Maintaining current sentencing laws would require Georgians to spend another $264 million over the next five years for more prison beds, the special council found.
“The governor will need to see changes in the current bill that will bring it back toward the recommendations of the Criminal Justice Reform Council,” said Brian Robinson, Deal’s spokesman. “The process is intended to reduce costs to taxpayers, and it’s his opinion that this bill might actually increase costs.”...
The bill would allow the Department of Corrections to start a pilot program that would identify the lowest-risk nonviolent drug and property offenders headed to prison and allow judges to divert them to community-based supervision programs....
The bill will be considered by a special joint committee of the state House and Senate, instead of following the usual process of being reviewed separately by committees of the two chambers.
We sure know that the state sentencing times have changed when a bill to reduce prison terms for some offenders and divert others into treatment rather than locking them up is praised by a Republican legislator in Georgia as "conservative common sense" while the state's Republican Governor worries that the bill does not go far enough to reduce prison terms and associated costs.
Thursday, February 02, 2012
New report from The Sentencing Project on latest state-level sentencing reforms
I received news of this notable new report on state-level sentencing reforms coming from The Sentencing Project. The report is titled “The State of Sentencing 2011: Developments in Policy and Practice,” is authored by Nicole Porter, and is summarized this way via the e-mail I got yesterday:
The report highlights 55 reforms in 29 states and documents a growing trend to reform sentencing policies and scale back the use of imprisonment without compromising public safety. The report provides an overview of recent policy reforms in the areas of sentencing, probation and parole, collateral consequences, and juvenile justice. Highlights include:
• Sentence modifications - Four states -- Connecticut, Ohio, Nebraska, and North Dakota -- established sentence modification mechanisms that allow correctional officials to reduce the prison sentences of eligible prisoners;
• Drug offense reforms - Four states -- Arkansas, Delaware, Kentucky, and Ohio -- revised penalties for certain drug offenses and authorized alternatives to prison as a sentencing option in specified circumstances. In addition, Idaho and Florida expanded the eligibility criteria for drug courts in order to expand their impact.
• Death penalty - Illinois abolished the death penalty, becoming the sixteenth state to eliminate the sentencing option;
• Probation revocation reforms - North Carolina restricted the use of prison as a sentencing option for certain persons who violate the conditions of probation; and
• Juvenile offender sentencing reforms - Georgia authorized sentence modifications for certain juvenile defendants with felony offenses by allowing judges to depart from the statutory range when considering the youth’s background.
Wednesday, February 01, 2012
Notable recent state child porn sentencing developments in South Dakota
Thanks to this brief new AP article, which is headlined "South Dakota child pornography convict gets 100-year prison sentence cut about in half," I learned about a fascinating ruling from last year by the South Dakota Supreme Court in South Dakota v. Bruce, 2011 S.D. 14 (SD April 6, 2011) (available here).
Working backwards, here is the latest sentencing news in this notable case:
A 100-year prison sentence handed down to a Pierre man convicted of possessing child pornography has been cut about in half. The South Dakota Supreme Court last year ruled that the initial sentence for 48-year-old Troy Bruce was excessive and ordered a new sentencing.
KCCR radio reports that Judge Mark Barnett on Tuesday sentenced Bruce to a total of 55 years in prison. Bruce will be eligible for parole after serving one-fourth of the sentence. He also was given credit for about two years he already has served behind bars.
This report prompted me to wonder if the South Dakota Supreme Court had actually deemed a child porn sentence to be unconstitutional, and the Bruce ruling nearly does. Here are notable snippets from the majority opinion in Bruce:
Bruce was convicted of possessing one DVD containing fifty-five videos of child pornography. He received the ten-year maximum sentence on all fifty-five counts. Forty-five of the sentences were suspended, but the sentences on the remaining ten counts were to be served consecutively resulting in a total sentence of 100 years. Bruce contends that this sentence was cruel and unusual punishment under the Eighth Amendment....
When such statutory ranges are established, the legislative intent is that "the more serious commissions of [the] crime . . . deserve sentences at the harsher end of the spectrum.... Imposing the maximum possible term where the circumstances of the crime only justify a sentence at a lower range violates legislative intent to reserve the most severe sanctions for the most serious combinations of the offense and the background of the offender.” Bonner, 1998 S.D. 30, ¶ 25. Further, we now adopt Justice Konenkamp’s recommendation “that courts look at two additional determinants when assessing the seriousness of a child pornography offense: (1) the specific nature of the material and (2) the extent to which the offender is involved with that material.” Blair, 2006 S.D. 75, ¶ 83....
With respect to the seriousness of this offense, the pornography involved much more than lewd images but less than the worst possible material covered by the statute....
With respect to Bruce’s involvement, he was convicted of possessing the one DVD containing fifty-five images. Although thirty other discs containing child pornography images were found, the court “consider[ed] Counts 1 through 10 as one act” for the purpose of determining parole eligibility. Additionally, there was no evidence that Bruce manufactured or distributed child pornography. Finally, there was no evidence suggesting that Bruce had ever sexually abused a child, had sexual contact with a child, or solicited a child for sexual images. This was a case of simple possession of images.
Bruce’s character and history reflect that he was a divorced forty-eight year old with three children, one who was still a minor. Other than a careless driving offense, Bruce had no prior criminal history. He was a former member of the National Guard and a veteran who had served in Saudi Arabia and Iraq during Operation Desert Storm....
Bruce’s maximum sentences were not reserved for the most serious combination of criminal conduct and background of the offender. We therefore conclude that this is the exceedingly rare case in which Bruce’s sentence was grossly disproportionate to the “particulars of the offense and the offender.” See Bonner, 1998 S.D. 30, ¶ 25. Because Bruce did not present comparative information with which to conduct an intra- and interjurisdictional analysis, we reverse and remand to the circuit court to consider that evidence on resentencing.
A concurring opinion in Bruce adds these notable observations:
In South Dakota, gross disparity in the sentence length for possession of child pornography exists. For example, in State v. Martin, 2003 S.D. 153, 674 N.W.2d 291, the defendant’s sentence for possession of child pornography was a term of two years in the penitentiary with all but forty-five days in jail suspended subject to additional conditions. In the present case, the aggregate sentence is a term of 100 years in the penitentiary. Yet the facts of the two cases are similar: both involve the possession but not the manufacture or distribution of multiple computer-based images of child pornography. The difference in the length of the sentences for these similar crimes is shocking.
I think it is safe to assert that, not just in South Dakota, but all across this great nation, "gross disparity in the sentence length for possession of child pornography exists." I have seen and heard of many state (and few federal cases) in which a child porn possession conviction results in only months in prison, and yet a few months ago in Florida (as reported here) Daniel Enrique Guevara Vilca received a sentence of life without the possibility of parole for mere child porn possession! What a sad and disturbing mess.
Thursday, January 19, 2012
"Mo. Supreme Court chief calls for sentencing fixes"
The title of this post is the headline of this AP article, which begins this way:
Missouri's chief justice urged lawmakers Wednesday to make changes to the state's probation and parole systems to potentially save the state millions of dollars.
Chief Justice Richard Teitelman urged lawmakers in his annual State of the Judiciary address to pass measures to reduce the number of people in prison for probation and parole violations.
"I support your efforts to help make sentencing practices more cost-effective, helping Missouri to become ... both tough and smart on crime," Teitelman said, addressing a joint session of the state House and Senate.
Tuesday, January 03, 2012
Discussion of the high costs of the prison boom from coast to coast
The media is ringing in the new year with a number of notable pieces in a number of state newspapers discussing the need for sentencing and correction reforms in light of the high costs of large state prison populations:
From the Atlanta Journal-Constitution here, "Georgia rethinks its prison stance."
From the Kansas City Star here, "Tougher sentences boost cost of justice in Kansas; State officials consider early release, prevention methods in response to overcrowding and reduced funds."
From the Oregonian here, "Bring on the debate over corrections."
The ending paragraphs of the piece from Georgia highlights how the political environment surrounding these discussions have changed in modern times:
Stepping away from a lock-em-up philosophy might have been the equivalent of political suicide in the 1990s, but that’s hardly the case today. Many leading conservatives -- including Newt Gingrich and former Florida Gov. Jeb Bush and many others -- support an approach that de-emphasizes prison for non-violent offenders.
Texas was among the first states to change course. In 2007, facing the need to spend $540 million to build new prisons expected to cost another $1.5 billion to run, the state decided to spend a fraction of the anticipated prison costs on alternative programs for non-violent offenders. Since the change, both the crime rate and the incarceration rate have declined.
In 2010, South Carolina adopted a reform package after lawmakers found that prisons were packed with repeat and non-violent offenders. The changes, projected to save up to $175 million in prison construction costs and $66 million in operating costs over five years, are designed to improve public safety. North Carolina also adopted sweeping legislation last year that will reduce spending on corrections with the goal of increasing public safety through programs that should cut repeat offenses.
[Georgia Gov. Nathan] Deal said changes enacted in other states will give Georgia models to consider. And so far, he said, he is hearing positive responses from lawmakers of all stripes. “As members of the General Assembly continue to see demands placed on them to appropriate more money for incarceration and see the numbers of inmates continue to rise substantially every year,” Deal said, “I think they’re certainly willing to embrace these changes.”