Pubdate: Thu, 3 May 2001 Source: Advocate, The (LA) Copyright: 2001 The Advocate, Capital City Press Contact: http://www.theadvocate.com/ Details: http://www.mapinc.org/media/2 Author: Marsha Shuler SENATORS VOTE TO RELAX PRISON TERMS Reversing a decades-long lock-'em-up policy, the Senate voted Wednesday to endorse sweeping changes that could keep thousands of criminals out of prison and set many inmates free. Proponents, including conservative lawmakers, said prison costs have spun out of control and some criminals are better served by alternatives such as anti-drug programs. The Senate voted 29-5 for legislation that would: End mandatory prison time for certain nonviolent criminals. Reduce sentences for drug possession. Set up a panel to review cases of certain inmates to see if they are good risks to be freed. Require all felony convictions to be for violent crimes before a criminal can get a life sentence as a multiple offender. Current law allows life sentence after three convictions, even if some are for nonviolent offenses. The measure goes to the House. Sen. Jay Dardenne, R-Baton Rouge, called the legislation "a consensus of viewpoints" of prosecutors, criminal defense attorneys, crime victims, legislators, corrections officials and Gov. Mike Foster. "It should not be interpreted in any manner or form as being soft on crime. ... We are still going to be putting violent offenders behind bars," Dardenne said. The changes would give more discretion to judges to determine whether such things as drug courts or probation are better alternatives than prison, Dardenne said. "We have lost control of the prison population," said Sen. Charles Jones, D-Monroe, lead author of SB239. "We are spending nearly $600 million a year on prisons. We cannot continue to spend $600 million on prisons. "What will this bill do? It will keep our people safe while at the same time saving approximately $60 million a year," Jones said. Corrections Department Undersecretary Trey Boudreaux said savings won't come overnight. It will build up over time, he said. "But if the numbers we are seeing now hold true, I think that $60 million is a conservative estimate," Boudreaux said. Under the proposed law, mandatory prison time would be eliminated for such crimes as simple burglary of an inhabited dwelling, Medicaid fraud, prostitution, theft of a firearm, skimming of gaming, obscenity and simple possession of small quantities of drugs. Whether prison time is warranted would be left up to a judge. The proposed law also cuts in half mandatory minimum and maximum sentences for drug possession with intent to distribute. The sentence would increase with the amount and kind of drugs involved. Jones said there are 35,000 inmates in state prisons and 15,000 of them are there on drug-related charges. Boudreaux said the drug sentencing changes have the potential to reduce the state prison population over time. But just how much is hard to determine because much will depend on sentencing decisions judges make in the future, he said. The risk-review panel created in the bill would consist of psychologists and prison officials, who would assess inmates to see if they should be recommended for release. Recommendations would go to the state pardon and parole boards for action. The bill allows the assessment of nonviolent offenders as well as violent offenders who have been in prison for 20 years or more. An analysis of Dixon Correctional Institute inmates with first-offense drug or property convictions indicates 40 percent of them would be eligible for such a review and half of those would get favorable recommendations, Boudreaux said. If the same percentage holds true at each prison, there could be a potential $10 million annual savings by releasing prisoners, he said. The savings would be offset somewhat by the need for additional probation and parole officers to monitor those released, he said. Senate President John Hainkel, R-New Orleans, called the bill a "momentous piece of legislation." The current financial costs associated with prisons is terrible, "but from a moral standpoint, it's worse," said Hainkel, who last year began promoting lower-cost community alternatives instead of prison time. Sen. Donald Cravins, D-Arnaudville, said Louisiana has some of the toughest sentencing laws on the books, but it still ranks near the top of the nation in the number of people incarcerated per capita. The revamp of prison sentencing is "an attempt to bring under control a system that has gone haywire," said Cravins. Cravins said community alternatives to prison are better options for some people because they can be productive residents helping their families and communities. - --- MAP posted-by: Jo-D