Pubdate: Sun, 10 Feb 2002 Source: Chicago Tribune (IL) Copyright: 2002 Chicago Tribune Company Contact: http://www.chicagotribune.com/ Details: http://www.mapinc.org/media/82 Author: Robert Tanner, Associated Press SOME STATES EASING PENALTIES FOR CRIMINALS, REPORTS SHOW The tough-on-crime laws of the past two decades are getting another look as crime rates have fallen, with many states easing mandatory sentences and turning to drug treatment options, two new reports have found. The reports released last week, both by advocates for sentencing alternatives, suggest that policymakers are beginning to revisit long sentences and that the recession may spur more action. Two Washington-based groups, The Sentencing Project and the Justice Policy Institute, conducted the studies. They looked at legislative and administrative changes across the country. Some authorities think the reports' conclusions are correct. "We have to make sure that we're not just being tough on crime, we're being smart on crime," said Alabama Atty. Gen. Bill Pryor, who is seeking an overhaul of the state's sentencing system. In the last few years, Connecticut, Indiana, Louisiana, Michigan, Mississippi and North Dakota eased their laws on mandatory sentencing or parole, the reports said. Drug treatment as an alternative to prison gained ground in six states--Arkansas, Arizona, California, Idaho, Oregon and Texas. And for several reasons, including a shrinking number of inmates, at least 10 states are looking at closing prisons or cutting back on expansions or programs. The new trend contrasts sharply with the get-tough approach of the 1980s and '90s, when mandatory sentences removed discretion from judges and parole boards. Now the overall crime rate has fallen for nine consecutive years, with the murder rate at its lowest point in 35 years, according to the latest Justice Department report in October. The decline "is starting to finally sink in on people," said Marc Mauer, assistant director of The Sentencing Project and author of its study. "It's changed the whole emotional, political discussion about crime," he said. The cost of get-tough policies is also inspiring some re-examination, especially now that state budgets are strained, the reports conclude. "When you're fat and happy, you don't have to really look at policy choices with such a discerning eye," said Vincent Schiraldi, president of the Justice Policy Institute and author of its report. Their conclusions, however, found little support with Mike Fasano, a Florida state representative who led the way last week to try to reinstate Florida's "three strikes, you're out" law, dismissed on a technicality by an appeals judge. "The reason why crime is down here in this state, it's because of the tough stance [we've] taken against criminals," Fasano said. "Not only here in the state of Florida, but throughout the nation. And we should not go backwards." In Washington state, the head of the prison system said he sees policymakers reassessing tough penalties against drug users, but not considering steps to ease up on violent criminals. "There is a national move to re-examine the efficacy of our past policies," Joe Lehman said. He is pushing a measure that would shorten time for drug offenses while beefing up treatment opportunities. - --- MAP posted-by: Richard Lake