Pubdate: Tue, 01 Feb 2000
Source: Summit Free Press (CO)
Copyright: 2000 Summit Free Press, Inc.
Contact:  PO Box 8386, Breckenridge, CO 80424
Feedback: http://www.summitfreepress.com/contact_us_page.htm
Website: http://www.summitfreepress.com/
Author: Doug Malkan

SENATE BILL SEEKS TO HALT PRISON CONSTRUCTION, CHANGE SENTENCING

For the second time, a bill has been introduced in the Colorado Senate that 
would halt new prison construction and force the state to reevaluate drug 
sentencing laws.

Introduced by Senator Dorothy Rupert (D-Boulder), the "Prison Moratorium 
Bill" (SB-104) would prohibit the state from spending any money on new 
prisons until July 2003, and would establish a 17-member task force to 
reevaluate current drug laws, including mandatory minimums.  The task force 
would explore the cost and effectiveness of alternatives to incarceration 
such as prevention and treatment, and would study minority 
over-representation in prisons and the impact on children of the 
incarceration of parents.

The bill would also prohibit the Department of Corrections from issuing new 
requests for proposals for the privatization of correctional facilities or 
the expansion of existing contracts with private prisons.

Sen. Rupert believes that such a measure is necessary because spending on 
prisons has increased more than 600 percent in the last decade, while 
spending on schools has decreased 11 percent. "No society  can sustain that 
kind of misguided expenditures," Rupert said.

She said the bill comes from "a really deep fear of our continuing in this 
direction of starving schools, taking money away from prevention, 
intervention and education to put into punishment - locking people up with 
little or no rehabilitation and putting them back in society without skills 
and very angry."

Since Colorado law limits increases in state spending to 6 percent a year, 
supporters of the Prison Moratorium Bill draw a direct correlation between 
prison expansions and school budgets.  They say prison expenditure is one 
reason Colorado ranks 49th in the nation for public school funding, and 
they also argue that lower education leads to increased crime, since 78 
percent of prisoners are functionally illiterate.

More than $3 billion has been spent on incarcerating prisoners in Colorado 
since 1984, with $500 million budgeted for this year. Non-violent drug 
offenders make up the largest and fastest-growing class of felony 
convictions - up 476 percent in the last decade.

Statistics for 1999 indicate that one in three women and one in five men 
sentenced to prison were convicted of a non-violent drug offense.

"Even though most Americans view addiction as a disease and overwhelmingly 
support treatment instead of incarceration, our government continues to 
pour money into prison construction and maintenance, despite the fact that 
very few people will receive treatment while incarcerated," states a press 
release from the Rocky Mountain Peace and Justice Center, a Boulder-based 
group lobbying for the Prison Moratorium Bill.

Another problem with the current system, according to the bill's 
supporters, is the effect of incarceration on the children of prisoners, 
especially those with a mother in prison.  Studies have shown that children 
with a parent in prison are five to six time more likely to end up in jail 
themselves.

The bill's supporters also say that people of color make up a 
disproportionate majority of prisoners in Colorado. According to a recent 
Colorado Legislative Council report, African-Americans are 10 times more 
likely than Anglos, and Latinos are four times more likely to be 
incarcerated in Colorado.  People of color make up 57 percent of the 
state's prison population, although they make up only 21 percent of the 
Colorado population.

In early February, the Prison Moratorium Bill is expected to go before the 
Senate Judiciary Committee, which is made up of three  Democrats and five 
Republicans.

Last year, a nearly identical bill introduced by Rupert passed in this 
committee but was killed by the Senate Appropriations Committee. One change 
in this year's version of the bill is that the creation of the task force 
and the prison moratorium can be voted on separately.

Should the bill fail to pass in the Colorado legislature, the Rocky 
Mountain Peace and Justice Center and other groups are considering 
petitioning for a citizen's initiative, possibly in time for the November 
2000 election that would be modeled after an initiative passed by voters in 
Arizona in 1996.

The Arizona initiative mandates intensive supervised probation, education 
and treatment  for first and second-time non-violent drug and alcohol 
offenders, and is funded by a liquor tax. According to a May 1999 report by 
the Arizona Supreme Court, the program has so far been successful and the 
state has saved  millions of dollars.

In Colorado, law enforcement and conservatives are opposing the Prison 
Moratorium Bill and will likely try to get the bill killed in committee, 
but Rupert and her supporters will not give up.

"The problem is that we're just having a horrible time getting people to 
talk about it  or even think about it.  The instinct is to just get rid of 
(law-breakers), get them out of my sight, put them away and then never 
think about the 90 percent of people we put away are going to come back 
into our society. And I keep wondering at what point are we going to have 
more people locked up than we have on the outside trying to make enough 
money to keep them there," Rupert said.  "We're hurting people with this 
continuing saga."
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MAP posted-by: Keith Brilhart