Pubdate: Tue, 25 May 2004 Source: Star-Ledger (NJ) Copyright: 2004 Newark Morning Ledger Co Contact: http://www.nj.com/forums/ Website: http://www.nj.com/starledger/ Details: http://www.mapinc.org/media/424 Author: Judy Peet Bookmark: http://www.mapinc.org/prison.htm (Incarceration) PRISON REFORMERS URGE: LET'S FIND OTHER, BETTER WAYS Mary Previte knows prisons. As a child during World War II, she spent five years in a Japanese concentration camp. As a 32-year-old suburban mom, she took over the Camden County Youth Center, one of New Jersey's toughest juvenile lockups, in the middle of a 1974 riot. Mixing innovative programs with tough love, she turned it into a facility, which she still runs, that hasn't had a major disturbance in 30 years. In January, Previte, a Democrat elected to the Assembly in 1998, pushed through a bill that she calls "the most important legislation I will ever sponsor." The bill creates a commission to study the fairness of the state's harsh sentencing laws -- the first step, advocates say, toward major sentencing reform. The bill passed unanimously, drawing support from even hard-liners appalled at the costs and inequities of the state's $1.3 billion correctional system. "Prison reform this time around isn't about a bunch of liberals sitting around a campfire singing 'Kumbaya,'" said Previte, the only veteran state legislator with corrections experience. "It's about balancing a system that seems to have gone terribly wrong. "We can no longer afford a path that only leads to prison." Twenty-five years after New Jersey began waging its war on drugs through the courts, the state is saddled with a swollen prison population it can neither afford nor properly serve. Nowhere are the flaws in the system more apparent than in the female inmate population, which has grown four times faster than the men's population in the past decade. It is a phenomenon that is reflected nationally. In the last few years, however, several states have sought alternatives to prison. It is time, many corrections officials, inmate advocates, criminologists and legislators agree, for New Jersey to get on the reform bandwagon. "Here we are in what was always the progressive Northeast, but when you look at sentencing reforms, even states like Louisiana, Alabama and Florida are now taking" a more enlightened approach than New Jersey, said state Corrections Commissioner Devon Brown. "It's shocking, really, how far we've gotten behind the curve. We need to change." Women -- and, by extension, their children -- are the unacceptable collateral damage of the failed drug war, experts say. Mandatory sentencing, drug-free school zones, three-strikes laws and no-frills, longer-term incarceration were supposed to punish and discourage the drug kingpins. But many of those caught in the net weren't narcotics masterminds. They were drug-addicted single mothers, mentally ill women, survivors of physical and sexual abuse and petty thieves. They are primarily women of color, with low education, minimal job skills and extensive, although usually nonviolent, criminal backgrounds. In New Jersey, they are housed at the state's only prison for women, the Edna Mahan Correctional Facility for Women in Hunterdon County. Reform advocates say New Jersey stands out not only for the proportion of low-level drug offenders it puts behind bars, but for its resistance to change. "Even Texas has treatment for drug offenders instead of prison," said Roseanne Scotti, spokeswoman for the Drug Policy Alliance, a national drug law reform lobby that last year set up shop in New Jersey. "When New Jersey is more repressive than Texas, things are screwed up somewhere," she said. In November, the New York state judiciary released a study showing that diverting low-level offenders to drug courts reduced recidivism by 32 percent. The recidivism rate for women inmates in New Jersey is twice that for men. In nearly 60 percent of the women's cases, they landed back in prison because they violated parole, not because they committed a new crime. In 2000, California voters passed Proposition 36, which diverted low- level drug offenders to treatment. According to a UCLA study, 37,495 people were diverted from prison to treatment in the first year the law took effect, for a savings of $250 million. Since then, states that have undergone some type of sentencing reform include Texas, Nebraska, Michigan, Ohio, Louisiana, Alabama, North Carolina and Florida. Texas lawmakers changed possession of less than a gram of marijuana from a felony to a misdemeanor. The first year the change took effect, the state saved $35 million in court and prison costs, according to a report to the Legislature. New Jersey's tack has been to develop drug courts that can sentence offenders to treatment centers. But there are drug courts in only 13 New Jersey counties, and there is a shortage of treatment beds in the counties where they do exist. Aside from sentencing reforms, states are tackling other issues involving women inmates. In the wake of the federal Prison Rape Reduction Act, signed last year, many corrections departments are rewriting training manuals to reflect zero tolerance for sexual abuse. Last year, Ohio legislators heard testimony from women inmates who said they had been sexually abused in prison. Last month, the Ohio corrections department also launched an intensive training program for corrections officers and victim support teams that will go into the prisons. Other states are weighing new security equipment to keep tabs on both prisoners and staff. Also last month, a Florida jail received $1 million in federal funds to create a "triage" system. The plan is to identify all mentally ill inmates for diversion to community treatment within 48 hours of arriving at the jail. More and more states also are starting prison nurseries. New York has had a nursery since 1901 at its Bedford Hills women's correctional facility, but most modern nurseries were started in the past five years. There are now such programs in Nebraska, Illinois, Ohio, New York, California, Washington and Massachusetts. They allow inmates who give birth while in prison to stay with their infants at a nursery cellblock, usually for a year or two. One program at a converted school in California, however, allows mothers to stay with their children up to age 6. Studies of nursery programs in New York and Ohio have found that they recoup costs because the infants don't become wards of the state. They also can reduce recidivism rates by as much as half. A MAN'S SYSTEM Six months after he arrived in New Jersey in 2002, Brown declared that the DOC's mission is: "...to be the most progressive and proactive correctional system in the nation." To date, his accomplishments include a $35 million cut in overtime costs, incurring the wrath of the unions. He produced a long-overdue standardized DOC policy manual and launched parent-child video-conferencing. He received a federal grant to evaluate and get accreditation for all prison-based therapeutic programs, which had come under fire from advocates for substandard practices. He began one of the most comprehensive inmate intake evaluations in the country, by ordering that every inmate receive a detailed physical and mental health evaluation within 72 hours of arrival. Brown junked Jerry Springer and afternoon soaps on inmate television. He substituted the "Correctional Learning Network," focusing on documentaries, news and instructional programs about hepatitis, AIDS and finding employment. It is, he said, not enough. One of the most intractable problems, he said, is the system's failure to account for gender. It's a man's prison system, even if women are the fastest-growing prison population. "We have to give greater recognition to the difference in gender roles (in prison) and the ways genders respond to stress," said Brown, who began his corrections career as a forensic psychologist. Brown noted that many women landed in prison in New Jersey because they were "exploited by men." He said this makes them particularly vulnerable, not only to sexual misconduct, but to the more aggressive, paramilitary approach favored by officers dealing with male inmates. He supported the staff and programs that already are offered at Edna Mahan, noting that the prison has some job training programs not available in men's prisons. But it is not enough. "We are not doing enough to identify the best approaches with women inmates. We are not doing enough on re-entry," Brown added, using the current buzzword for helping an inmate adapt successfully back into society, a key factor in recidivism. "Re-entry is vital, but wouldn't it be better to have prevented the whole thing in the first place?" Prevention, he said, should mean early intervention to prevent crime and alternatives to prison. He also endorsed time off for good behavior even for inmates serving mandatory minimums. One program Brown said he is following closely is in Maryland, where he was a top corrections official. In January, Maryland's director of corrections announced a dramatic expansion of drug treatment and basic academic classes, to be funded by cutting 218 correctional officer positions. In exchange for those slots, Maryland officials hope to add 210 drug counselors and teachers by 2007. Brown has been a vocal proponent of sentencing reform, particularly in low-level drug crimes. In his corner are activists, criminologists and several states that already have revised mandatory-sentencing statutes. "Our high rate of incarceration nationwide should trouble all of us, because it means that society is failing," state Attorney General Peter Harvey said in January, after he ordered an in-house study of New Jersey's sentencing laws geared toward reducing the prison population. The state Parole Board also changed its regulations earlier this year, reducing the number of ex-convicts sent back to prison for minor parole violations. Working against comprehensive reform, however, are corrections officers unions and, to some extent, county prosecutors. The unions have been actively seeking Brown's ouster since last fall, when the commissioner likened prisons to "America's new plantation." Union officials howled that the speech was racist, and demanded that Gov. James E. McGreevey fire Brown. The governor has continued to stand behind the commissioner on most issues, but insiders also note that McGreevey depended heavily on union support in the last election. Meanwhile, a spokesman for the Superior Officers Association, one of three unions representing prison supervisors, called Brown's approach to reform "crackpot theories that don't work in the real world. "The commissioner is soft on crime, and he has got to go," said Scott Derby, executive vice president of the union. "The union doesn't stand in the way of progress, but I don't think letting criminals out of prison is the way to go." Robert Bernardi, president of the state County Prosecutors' Association, noted that prosecutors do not "favor reducing the number of people in prison, simply for its own sake," and added: "We don't consider (corrections) costs to be our problem." Bernardi, the Burlington County prosecutor, has been named to the state sentencing review commission, which is still being formed. He agreed with Brown that school zone laws are "onerous and unfair" to minorities, particularly women, in the inner city. "But we don't support letting drug dealers get a free pass," said Bernardi. "I think we should be very careful about how we dismantle 25 years of criminal code." Previte said the intent of her sentencing commission bill was never "to take down the system, but to make it more fair. "How can we say a system is right when a person can kill someone and get less time than a drug addict committing a nonviolent offense?" Previte asked, adding, "I hope the commission will consider the whole gamut of prison issues, including women's and children's issues. "We can't just keep putting everyone behind bars," Previte said. "Sooner or later they are going to get out, and then what are we going to do with them?" - --- MAP posted-by: Josh