Pubdate: Tue, 16 Mar 1999 Source: Standard-Times (MA) Copyright: 1999 The Standard-Times Contact: http://www.s-t.com/ Author: Marc Mauer Note: is the assistant director of The Sentencing Project, a Washington-based research and advocacy group concerned with criminal justice policy INCARCERATION RATES A VICTORY FOR PRISONS WASHINGTON, D.C. The Department of Justice has just released new figures on the national prison and jail population. There are now more than 1.8 million Americans behind bars, nearly six times the number of 25 years ago. At the current rate of growth, more than two million people will be incarcerated by the year 2000. In recent years, the United States has been second only to Russia among industrialized nations in its rate of incarceration, with both nations imprisoning their citizens at rates five to eight times those of the rest of the developed world. The new U.S. figures now place the two nations in a virtual dead heat for the top spot. In Russia, however, officials have determined that the high cost of prisons has become untenable at a time of economic crisis. The Ministry of Justice has proposed an amnesty of 100,000 inmates (about 10 percent of the prison population) who were originally sentenced to unreasonably long terms, or who suffer from tuberculosis or other health problems. In the United States, where the economy is strong, there's been no call to reconsider the policies that are bringing us our record rates of incarceration. And so the post-Cold War race to imprison the most citizens is one America will probably "win" pretty soon. But how wise is that? Since the 1980s, every state has adopted some form of mandatory sentencing, most often for drug offenses. Half the states have also enacted a "three strikes and you're out" law, requiring a sentence of up to life without parole for a third felony. The U.S. Supreme Court recently upheld a California three-strikes sentence of 25 years to life for a man convicted of stealing a $20 bottle of vitamins from a supermarket. These laws are filling our prisons to overflow. And at an annual cost of $20,000 per inmate, they also rob our treasuries of funds sorely needed for education and economic development. An examination of America's prison population demonstrates how sensible it would be to reduce it. Here's how that could be achieved: - -- Divert drug offenders to treatment. Nearly a quarter of all prison and jail inmates in this country are locked up for drug offenses, about 400,000 people. Many of them -- more than a third of the drug offenders in federal prison and presumably at least as many in state facilities -- were low-level players in the drug trade and were not involved in any violent activity. Locking them up achieves little in terms of crime control. Such substance abusers should be diverted to treatment programs, which are not only cheaper than prison, but can also address the underlying drug addiction that leads to their crimes. A 1997 Rand study found that a million dollars spent on drug treatment is eight times more effective in reducing cocaine use than a million dollars spent on incarceration -- and 15 times more effective in reducing serious crime. - -- Reconsider mandatory sentencing. In Michigan, a 20-year-old state law required a sentence of life without parole for the sale of 650 grams of cocaine, a little over a pound. The penalty was the same as for first-degree murder, and it even applied to first-time offenders. After more than 200 offenders were sentenced under this law, many of them young and non-violent, the Republican-controlled legislature changed the law last year to allow for parole after serving 15 years. - -- Divert low-level property offenders. A study of inmates in California by a University of California criminologist estimated that a quarter of the offenders sentenced to prison could be diverted to structured community-based supervision without any negative impact on public safety. This group consists of offenders sent to prison for technical violations of parole, minor drug use, and non-violent property offenses. Nationally, more than half the prison population is locked up for non-violent drug or property offenses. Options for such offenders in the community include electronic house arrest, intensive probation supervision, and substance abuse treatment programs. Not only are these less costly than incarceration, but studies have found that among people convicted of comparable crimes, recidivism rates are no worse for those sentenced to community programs than for those sent to prison. In Russia, the government is undertaking its campaign to reduce the prison population largely because it is running out of money. In the United States we are not, but our economic strength shouldn't make us less clear-eyed about our policies. If there's to be a competition with Russia over crime, let's win it by being more effective, not by locking up more prisoners. - --- MAP posted-by: Derek Rea