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Posted March 2, 2011
Interview with Nicole Porter, state advocacy coordinator for the Sentencing Project, conducted by Melinda Tuhus
The United States has the highest incarceration rate in the world,
which currently stands at 2.3 million people. By comparison, the
incarceration rate in China was 186 per 100,000 in 2009,
while in the U.S., the rate was 743 per 100,000.
But in recent years, officials have begun seriously considering ways to reduce that number for a variety of reasons, including court orders to alleviate overcrowding, budget deficits and the introduction of more humane and effective methods of crime reduction. After decades of steady increases, 24 states achieved a decrease in their inmate population in 2009, leading to 48,000 fewer inmates in state custody from 2008 to 2009, although the number in federal custody rose 3.4 percent to 208,000 over that same year.
Between The Lines' Melinda Tuhus spoke with Nicole Porter, state advocacy coordinator for the Sentencing Project, which promotes reform in sentencing law and alternatives to incarceration. She discusses some successful prison reform programs, and considers the policy changes that are likely to reduce the prison population further in coming years.
NICOLE PORTER: We've been tracking these trends for awhile, and we've noticed since about 1999, there has been some exploration among state legislatures in some parts of the country to address their large prison systems. But certainly, in the last few years with the financial crisis and states really starting to look at where they can cut costs, looking at correctional systems is the primary way to do that because they have grown exponentially in the past 40 years and lawmakers have looked at ways to cut costs and some of that involves sentencing reform in terms of slowing down the number of people who enter prison and how long they stay there.
BETWEEN THE LINES: Can you say anything specific about the different reasons the prison population has declined at least a little in the past few years? I know California is under a court order to reduce overcrowding and it also has a gigantic budget deficit.
NICOLE PORTER: In some respects in California, it's been because of the court order, and because that discussion has been waged in the court, there's been a lot of examination of how California can address its large prison system and the overcrowding that's resulted from its sentencing policies and the fact that the state just doesn't have enough resources to manage such a large prison system. So one of the things that California is looking at is changing sentencing reform and looking for ways to cut costs. In a state like California, the reality is there are too many people in prison and many of those people aren't there because they've committed violent crimes. Sure, that's a large part of the population, but it's not the only part. California has a large number of parolees who revoke back to prison on an annual basis, not because they've committed a new crime, but because they have difficulty managing the conditions of their parole that have to do with paying fines, being employed -- there are all sorts of different conditions that someone on parole supervision has to comply with.
And many times, for the people who are on parole and get returned back to prison, it's not because they've broken a new law; it's because they haven't been able to comply with the rules of their supervison. At the Sentencing Project, it's not that we say people shouldn't be held accountable for their crimes; they should be, but states like California and other states that are really struggling with the budget deficit -- and part of that is because they have really bloated prison systems -- have to look at why are we incarcerating people? In this country, we lock people up for really long periods of time for, in many cases, low-level offenses, and for people who revoke from parole, not even necessarily new offenses.
BETWEEN THE LINES: If 24 states reduced their population, did any stand out as particularly successful at doing that?
NICOLE PORTER: We put out a report last year called, "Downscaling Prisons," that looked at four states -- New York, New Jersey, Kansas and Michigan -- a mix of administrative and legislative reforms that they had implemented since 1999. And in those states, they each decreased their prison populations as a result of different approaches. In New York, they really reformed their Rockefeller drug laws a few years ago and changed the way certain prison-bound offenders were sent to prison, so they identified alternatives for certain prison-bound offenders. New York, between 1999 and 2009, was able to reduce its prison population by 20 percent.
In Michigan, they really strengthened parole and alternatives to incarceration for people on parole who were revoking back to prison because they couldn't comply with conditions of their parole because in many states, including Michigan, a sizable population of the number of people who enter prison each year are entering because of parole revocations. So Michigan looked at that and really changed the way parole was structured in that state and as a result of that was able to reduce the number of people who were returning to prison because of parole revocation.
Kansas has a sentencing commission and they restructured their state sentencing guidelines. Not all states have sentencing commissions, but Kansas does, so that commission sought to divert the number of people convicted of drug possession to mandatory treatment rather than prison, and then they eliminated sentencing enhancements for people with prior drug possession offenses. And in New Jersey, they also strengthened alternatives for prison-bound people, so rather than sending certain people to prison, they identified alternative sanctions for them, specifically, the attorney general revised plea negotiation guidelines and allows now certain open pleas in lower level drug zone cases. Again, that gives judges discretion and really allows for alternatives to prison for certain drug offenders.
BETWEEN THE LINES: Do you think in the past two or three years, the states' fiscal crises have been a factor in reducing the prison population?
NICOLE PORTER: We were looking at this period starting in 1999 and states were certainly implementing reforms even before the recession. I would say because of the current fiscal crisis, that has sort of opened a window for reform in states that weren't looking at this prior to the current fiscal crisis. So we haven't compared post-recession era to pre-, but certainly there's been more activity in recent years among states driven a lot by fiscal concerns.
Contact The Sentencing Project's Washington, D.C. office at (202) 628-0871 or visit their website at sentencingproject.org.
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