Throughout the nation, lawmakers are scrambling to find ways to fund the out of control costs of state correctional systems.
The United States maintains the highest rate of incarceration in the world with 2.2 million people housed in prisons or jails. The math is simple, unless prison populations are reduced and correctional costs controlled, states will be forced to slash educational and health care services, according to a recent study by The Sentencing Project. “State lawmakers in at least 24 states adopted 41 criminal justice policies that in 2012 may contribute to downscaling prison populations and eliminating barriers to reentry while promoting effective approaches to public safety,” the study finds.
Legislators are focusing on policy reforms in sentencing, probation and parole, collateral consequences, and juvenile justice.
In 2012, California voters passed prop 36, also known as the Three Strikes Reform Act. The new law could lead to the release of 3,400 inmates who received their third strike and a 25- to-life sentence for a non-serious/non-violent offense.
Marco Davidson, sentenced under the Three Strikes law is serving a 35-to-life sentence. Davidson serves as the secretary and facilitator for the Hope for Strikers group at San Quentin. “Our mission is to educate inmates on what will be required by the courts and the parole board in any future proceedings,” said Davidson.
Senate Bill 260, another policy reform recently signed into law, pertains to juvenile justice in California. It establishes a parole review process for individuals who were under 18 years of age at the time of the offense and prosecuted as an adult.
There are currently over 6,500 people in California prison who were under the age of 18 at the time of their crime. SB 260 allows the parole board “to provide a meaningful chance for release for people who were juveniles at the time of their crime to be released on growth and maturity,” according to the www.fairsentencingforyouth.org website.
Michael Nelson was convicted of murder at the age of 16. He was sentenced to 25 years to life as a juvenile. He serves as the Chairman of Kid CAT, a support group for juvenile offenders at San Quentin.
With the looming reduction of state revenues and potential cuts in federal funding on the horizon, the Sentencing Report emphasized that lawmakers are now pushing prison policy reform as a viable solution to taxpayer’s woes. Highlights include:
• Relaxed mandatory minimums: Seven states, Alabama, California, Missouri, Massachusetts, Kansas, Louisiana, and Pennsylvania, revised mandatory penalties for certain offenses, including crack cocaine possession and drug offense enhancements.
• Death Penalty: Connecticut abolished the death penalty, becoming the 17th to eliminate death as a criminal sanction.
• Sentence modifications: Two states, Louisiana and Oklahoma, authorized or expanded mechanisms to modify sentences post-conviction. These policies allow prosecutors and judges to reduce the prison sentences of individuals who meet eligibility requirements.
• Parole and probation revocation reforms: Seven states, Colorado, Delaware, Georgia, Hawaii, Louisiana, Missouri, and Pennsylvania, expanded the use of earned time for eligible prisoners and limited the use of incarceration for probation and parole violations.
• Juvenile life without parole: Three states, California, Louisiana, and Pennsylvania, authorized sentencing relief for individuals sentenced to juvenile life without parole.
