Prison Alternatives: Good Ideas and Bad Ideas

In his inaugural address, last month, new Georgia Governor Nathan Deal wisely suggested that Georgia, like other states, can no longer afford to try to lock up all of its law-breakers and throw away the key.  In an era of tight state budgets, the costs of incarceration are simply too much.  Now, please don't misunderstand! No one, including the Governor, is suggesting that dangerous recidivists, or violent offenders should be given probation and a slap on the wrist.  In other words, most observers would agree that prison remains the only viable option for convicted murderers, rapists, and armed robbers.  But what about non-violent offenders?  What are some of the ideas being considered for the bad check writers, forgerers, and other white collar criminals?  Well, in my opinion, there are some good ideas and some bad ideas being considered.  Let's talk about one of the bad ideas being considered first!

1. PRIVATE PRISONS:

Some legislators in Atlanta are considering privitization of state prisons as a solution to our overcrowded, expensive corrections problem.  As a former state and federal prosecutor, (and currently, as a criminal defense attorney), I strongly disagree with this proposal.  For instance, I believe that the state must not shirk its responsibility for inmate care by turning it over to a private, profit-driven business.  Private businesses would be focused only on the bottom line and not on inmate care, or community safety.  In addition, while state corrections officials may not be very accountable to the public now, just imagine how unaccountable private companies will be!  This is a terrible idea, in my opinion!

2. MORE DRUG COURTS AND DIVERSION CENTERS:

On the other hand, I wholeheartedly endorse the idea of Georgia investing more money in drug courts and minimum security diversion centers for non-violent offenders.  These alternatives will result in real savings to the taxpayers and help inmates make restitution to victims.  Also, the defendants would be required to get out, get jobs, and pay the costs of these alternatives, too!

What do you think? 

State Budgets and Prisoner Numbers

According to Wikipedia, the United States has the greatest number of prisoners, per capita, of any nation in the world. However, news reports this week indicate that, next year, for perhaps the first time in 40 years, the number of prisoners in this country may actually drop. What is the reason for this abrupt change? Are judges getting soft? Has our criminal justice system developed new, innovative sentencing options which account for fewer defendants getting incarcerated? I'm afraid not!

Perhaps new sentencing alternatives are contributing a little bit to fewer incarcerations by sentencing judges. For instance, drug courts are now a popular, fairly new innovation which result in more probationary sentences. But drug courts still are not in vogue everywhere and do not account for the drop in prisoner numbers.

As I have promoted before in this blog, I wish states would also use diversion centers to house more of their non-violent offenders. Diversion centers cost a lot less than prisons and offer a more constructive alternative, especially for white collar crime offenders. By using diversion centers more, and by housing fewer inmates behind bars, states could save money, defendants could get jobs, and victims could get restitution. But diversion centers and other alternative sentencing ideas are not the reason for the drop in prisoner numbers.

The real reason for the slight expected drop in prisoner numbers is..........state budget problems. As states, such as California, are struggling to keep their budgetary heads above water, they are looking at other sentencing options, and even at widespread early prisoner releases, to help control costs.

So, while our states and our criminal justice system still generally "don't get it," when it comes to meaningful reform, the number of prisoners is actually about to go down. You decide whether or not that is a good thing. In my opinion, until true reform occurs, (with more drug courts and diversion centers), the statistics don't really mean a thing.

"Queen For A Day" and Old Motels!

So, you might wonder, what do the old t.v. game show, "Queen For A Day" and old motels have in common, and what could they possibly have to do with white collar crime?!

Well, here is my explanation! There is a connection between the two, or at least I intend to try to make one! Have you ever heard of this old television game show which, according to Wikipedia, aired from 1956-1964? The premise of the game show was that several contestants would each offer their own personal sob story of their tragic lives. Then, the studio audience would vote on who deserved to be "Queen For A Day" and the winner got a crown and a new washing machine!

Being a "queen for a day" also has a special connotation today in criminal law. It is a term often used to describe a person who agrees to meet with government agents to discuss a possible deal. The government agrees that, during the off-the-record meeting, nothing you say will be used against you. You are, in essence, a "queen for a day!" (But you probably won't get a new washing machine!)

But THAT is not the connection I intended to make here! Instead, I want to make a different point: If I could be governor, or "king for a day," I would introduce legislation authorizing the state to purchase old motels around the state for use as diversion centers. In my opinion, diversion centers are a good, less costly alternative to prisons which offer judges an alternative place to send non-violent white collar criminals. There, the check forgerers, bad check writers, and drug users can stay, in a structured, but minimum security, environment at night, while they are required to work during the day, off-site, to help pay for the diversion center's costs, and to help pay on their restitution and fines. This is such a great idea. It is not only less costly, but also it means that our prisons, which are overcrowded, could then be used to keep violent, dangerous offenders even longer! But this is an idea which is not in vogue. In fact, in our state, they are closing down, not expanding, diversion centers everywhere.

So, that is my connection between "Queen For A Day" and old motels! If I could be "king for a day," I would buy old motels and convert them into diversion centers!

And now that you have heard my sob story, won't you please vote for me to be "King For A Day," so that we can open some more diversion centers?! And if you want to give me a new washing machine, that is okay, too!

What do you think about using diversion centers as an alternative sentencing measure for non-violent criminals?