Is Prison Reform Helping Us Save Money? by James Abys-Smith
Thursday, October 14th, 2010Our economy has been improving over time, but few would say that we’re where the grass is greener yet; we’re still spending to grease the gears of the economy and trying to reign in poor financial practices in order to prevent another market failure due to said practices. Despite most economists agreeing that government spending in a recession does help the economy, and to the delight of the media, an entire movement—the Tea Party—has sprung up calling for less government spending and less wasteful spending due to deficit spending.
Realizing that most spending is critical to recovery, and that pork barrel spending is a necessary part of the political process (although no politician will ever admit to this), there are few places where budgets can be cut back quickly in order to save cash, quiet the opposition, and still have an effective recovery and reinvestment in our economy and nation.
One place to look for savings is our prison system; one thing it seems that both the left and the right agree on is that it is inefficient and does need to be rekeyed. It seems that much of this inefficiency is due to mandatory minimum laws[1]. As Supreme Court Justice Kennedy say, “in too many cases, mandatory minimums are unwise or unjust.” Let’s look at some stats from The Sentencing Project, an organization founded in 1986 to give lawyers sentencing advocacy training, it states in “The Federal Prison Population: A Statistical Analysis” that:
“More than half…of federal prisoners are serving time for a drug offense…Nearly three-fourths…of the population are non-violent offenders with no history of violence…One-third…are first-time, non-violent offenders….More than half…of persons sentenced for a drug offense in 2002 fell into the lowest…criminal history category (Category 1) of the sentencing guidelines, and in 87% of cases no weapon was involved.”
What we can extrapolate from this data is that many offenders in prison committed a Category 1 crimes (some for the first time) wherein no drugs, but no weapon, were involved. Simply put, they were probably dealing, running, or using a small amount of drugs. This is by no means a good thing, but jailing people for these crimes is definitely not the answer; it can easily be stated that—if judges did not have to give prisoners a mandatory minimum jail sentence—they could give them probation and counseling.
The Rand Monograph Report “the treatment of cocaine addicts [demand-side drug control] is 23x more effective than the eradication of coca at its source”. Clearly, giving drug offenders treatment and counsel for their actions in better than incarceration. In fact, the Office of National Drug Control Policy states that demand-side control is more effective than other forms of drug control.
Not only is the alternative to incarceration more efficient, but incarceration makes the problem worse. The Prison Policy Organization states that, “the majority of prisoners who are released either fail to successfully complete parole or are shortly returned to prison after committing a new crime.” Jens Soering, an author and current life-time prisoner suggests that growth in crime is not the main contributor to growth in the prison population, but an inefficient incarceration system that makes prisoners more likely to get reincarcerated.
So, to keep things in order we have seen the following thus far: lots of people are in jail because of non-violent, first-time, drug offenses that could be given other, more effective sentences and that prison ends up making people more likely to get put back in jail.
If we repeal mandatory minimums, and begin reforming Category 1 offenders, what is the ballpark estimate of how much money we would save in the prison system? We can look again to The Drug Policy Organization who states that, on average the cost of a prisoner is $22,632 per year. Seeing that The Drug War Facts Organization has our current prison population at about 1.5 million, and The Sentencing Project has the amount if Category 1 offenders at about 50% of the prison population we can calculate the savings from giving these people treatment instead of prison terms at around 17 billion dollars—a small sum in terms of the whole pie, but a penny saved is a penny earned—this is not to mention the savings had from not having prisoners re-enter the system due to more effective policy, and from their being a greater resource-to-prisoner ratio since less prisoners are now in jail (overcrowding creates problems in prisons that relate to this article, but that would make it a much longer piece).
So, when we need to spend money in order to save our economy, and when we need to silence constituents complaining about spending in order to remain control of the House and Senate, what can we do? We can alter mandatory minimums law. It’s got significant savings (almost the size of the NASA budget), isn’t going to hurt the economy, and makes our policies more effective on a whole.
[1] (laws that force judges to give at least a minimum prison sentence to offenders, regardless of whether or not (s)he thinks that another option is a more just outcome for the case)