Pubdate: Tue, 14 Mar 2000 Source: Albuquerque Tribune (NM) Copyright: 2000 The Albuquerque Tribune. Contact: http://www.abqtrib.com/ Author: Gilbert Gallegos JOHNSON, DEMS DIFFER ON PRISON MATH, METHODS SANTA FE -- The upward spiral of spending on prisons has become an election-year battleground between Democratic legislators and Republican Gov. Gary Johnson. On the surface, it appears the two sides are bogged down over what Johnson says is a $3 million gap between what lawmakers are proposing to spend this year and what is needed to run the prison system. Johnson says the gap next year will be another $5 million to $6 million. But behind those dollar figures are differences shaped by philosophy and politics. The biggest issue swirling around the entire budget debate -- but highlighted in the corrections budget -- is Johnson's inability to convince Democrats in the Legislature that he is making government more efficient. Johnson said the savings are there but Democrats just don't want to acknowledge it. Contracting with private prisons, for example, has resulted in lower per-day costs to house about one-third of the state's inmates, Johnson said. But legislators argue that those savings are wishful thinking on Johnson's part. They point to the overall corrections budget, which continues to climb faster than spending for most other areas of state government. "We're trying to fund the corrections system, to fund it so it will run well," said Rep. Max Coll, a Santa Fe Democrat and one of the architects of the Legislature's budget. "We want to do that, but it's kind of like if you get any money near it, it's like a black hole. It sucks the money into it. It's just not being well managed. "And it points out the deception that we were given when the governor stated that privatization would save a lot of money that we could go ahead and put into schools." Johnson, who often uses the same argument to discredit spending on education, disagreed that money is being wasted on prisons. "That is absolute baloney," he said of the criticisms from the Legislature. "The cost of housing a prisoner has gone down as a result of private prisons in New Mexico. "Are prisons costing more? Yes, and it's a function of more prisoners in the system. I mean, we had 400 more prisoners this year than we had last year." However the issue shakes out during a special legislative session later this month, the state will probably be adding at least $12 million to the Corrections Department's $153 million general-fund budget, a 7.8-percent increase. If Johnson gets his way, that amount would be more like $17 million or $18 million. But Democrats said any extra money for prisons will probably be stolen from spending already pegged for public schools. Doing the math Part of the problem with comparing budget plans crafted by the Legislature and the Governor's Office is that they're based on different assumptions. Simple budget math gets clouded by issues like: The number of inmates locked up next year. The governor's projection is 5,069 inmates in public and private prisons in the state. The Democrats project 4,857. At about $28,000 a prisoner, that difference of 212 prisoners means a gap of almost $6 million, which represents much of the difference between the budget proposals. Which prisons -- public or private -- and what types of cells inmates are placed. The bone of contention here is 200-500 inmates that legislators would rather see in minimum-security beds that are currently sitting empty or projected to be empty at two public prisons next year. To accomplish that goal, legislators said the state should only pay for 340 inmates at the privately run prison near Santa Rosa, rather than the 540 that Corrections Secretary Rob Perry had recommended. That could save millions that would otherwise be paid to the Santa Rosa prison run by Wackenhut Corrections Corp., they say. But Perry insists the state will take in more medium-security inmates, which means those prisoners should be locked up at Santa Rosa. State-run lockups with medium-security beds are already filled up. He said reclassifying inmates to minimum-security beds in order to save money poses a safety risk to corrections officers and other inmates. The price tag for contracts to provide medical services for inmates. Perry said the Legislature shortchanged the department for medical contracts. Johnson also noted in his budget recommendations in January that private prisons were experiencing "significant problems with the delivery of medical health services." Legislators are critical of the contracts, saying they should be renegotiated so the state doesn't pay costs for medical services for more inmates than are actually served. Paying for prison-reform efforts. Legislators and the Governor's Office agree that the state should take the first steps in implementing changes to prisons that were outlined in a special Independent Board of Inquiry report earlier this year. Perry and Johnson argue that legislators used money to do that but ignored the rest of the department's base budget for day-to-day operations. Some money was included in prison-reform bill that Johnson signed into law. But more than $6 million to help run new "close security" cells at the State Penitentiary's South Unit near Santa Fe was lost when Johnson vetoed the budget last week. Different philosophies So why the different outlooks? Some Democratic legislators argue that Johnson's get-tough-on-crime policies since he took office in 1995 has meant more prisoners serving time -- many in the wrong types of cells -- at taxpayers' expense. They claim it's costing the public schools system -- the very system that Johnson promised would benefit from the savings that prison privatization would generate. "We sit there and everybody gives schools so much trouble for not being accountable for failing," Senate Majority Leader Tim Jennings, a Roswell Democrat. "Well, Lord, look at the prisons. Show me where the savings or the accountability is for prisons. There hasn't been any." Democrats also argue that Johnson and Perry refuse to consider putting nonviolent convicts into otherwise empty minimum-security beds or into reintegration programs to prepare them for society. Rep. David Pederson, a Gallup Democrat, pointed to the Independent Board of Inquiry report this year that suggested that 200 to 300 inmates could be released from prisons into less costly community corrections programs without any risk to public safety. Pederson agreed with Perry that the state may need more medium- and close-security cells. But those decisions should wait, he said, until the state takes another look at all its inmates and reclassifies them according to their real needs and security concerns. "Let's not put the cart before the horse," said Peterson, a member of the House Judiciary Committee. "Let's get a functional, modern classification system and reclassify every inmate in the system. Then we will know what level of custody we need instead of guessing or giving knee-jerk reactions. "It would behoove us to find that out." Perry said the bottom line for prison spending is whether legislators are willing to pay the price for a good system -- especially after last year's bloody inmate violence. "That gets right back to same argument of classification through appropriation," Perry said, adding that he thinks legislators care more about saving money than placing inmates in the proper prison cells. "So did they save some money? Yeah, they saved some money. What was the cost of saving some money? Security, misclassification, public safety, institutional safety. "I don't see a genuine intellectual interest on the part of the Democratic leadership over there that you find in other states to really understand what the correctional issues are. And that's disconcerting to me." - --- MAP posted-by: Derek Rea