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.