Pubdate: Thu, 18 Dec 2008
Source: Akron Beacon Journal (OH)
Copyright: 2008 The Beacon Journal Publishing Co.
Contact:  http://www.ohio.com/mld/beaconjournal/
Details: http://www.mapinc.org/media/6
Author: Julie Carr Smyth, AP Statehouse Correspondent
Bookmark: http://www.mapinc.org/prison.htm (Incarceration)
Bookmark: http://www.mapinc.org/coke.htm (Cocaine)

OHIO BILL SEEKS TO EASE PRISON CROWDING

Non-violent drug offenders could spend more time in halfway houses 
instead of in prison. Well-behaved inmates who earn their GEDs could 
get out early. Others could serve the final months of their sentences 
outside prison while wearing GPS devices.

These are just some of the options Gov. Ted Strickland's 
administration is considering to contend with crowded prisons amid 
forecasts of plummeting state revenues.

"To me, it comes down to a simple formula," said state prisons 
director Terry Collins. "Either we spend a whole lot more money on 
building a whole lot more prisons to lock up everybody in Ohio, or we 
can figure out some other solutions so that all those other programs 
_ like social services, education, Medicaid _ have the money they need."

In a document recently shared with state lawmakers, Collins outlined 
15 options for reducing the Ohio Department of Rehabilitation and 
Correction's 51,000-prisoner population _ and its hefty annual budget 
of about $1.8 billion.

The document's final page included a subtle reminder to lawmakers: 
Collins has the ability to declare a prison overcrowding emergency 
that could result, with legislative or gubernatorial approval, in the 
reduction of sentences in 30-, 60- and 90-day increments to alleviate 
the problem. Collins said it's a matter of state spending priorities.

"I'm just saying why don't we look at something different, so my 
grandkids and other people's grandkids in this state can get some 
education?" Collins said in an interview. "I'm not looking to empty 
the prisons. I'm looking to be smart about it."

Franklin County Prosecutor Ron O'Brien said care would have to be 
taken if prison housing guidelines were rewritten. He said some 
low-level felons, such as first time drunken drivers or people who 
have assaulted a domestic partner, are susceptible to repeat offenses.

"Those powder keg kind of people are low-level offenders today that 
tomorrow could be a homicide," he said.

In Ohio, prisons are at 133 percent capacity. He said the lack of 
personal space leads to more violence and more dangerous conditions 
for both prisoners and staff.

He said he'd be happy if capacity were narrowed back to 100 percent again.

"That's like Santa Claus would bring me everything I wanted for 
Christmas," he said.

Some of Collins' recommendations were included in a sweeping law 
enforcement bill passed late Wednesday and sent to Gov. Strickland's 
desk. The bill gives judges broader discretion in sentencing 3rd-, 
4th- and 5th-degree felons to community-based facilities instead of 
prison, particularly those with drug addictions.

The proposal passed the Senate 28-3 and received its final sign-off 
from the House.

The U.S. prison population is the largest in the world, largely due 
to tougher sentences states have imposed in recent years on drunken 
drivers, drug offenders, sex offenders and others.

Collins said he views the bill as a foundation to build on. Among 
other scenarios his department is exploring are:

_Allowing low-level, non-sex offenders serving 12 months or less to 
spend a third of their sentence in prison, a third in a halfway 
house, and a third with a GPS monitor. Savings: 3,083 prison beds, 
$19 million over the biennium.

_Increasing prison diversion programs paid through the Community 
Corrections Act. Savings: Up to 2,804 prison beds, and, for a $5 
million expenditure, $14.8 million in unneeded construction costs.

_Allowing offenders serving the shortest sentences, less than 30 
days, to serve their time in local custody, with the state paying 
counties incentives for the service. Savings: 160 prison beds, $725,849.

_Stepping down low-level, non-violent, non-sex offenders directly to 
GPS supervision, rather than to community programs, for their final 
90 days. Savings: 700 prison beds, $1.3 million.

_Trimming sentences by up to 15 percent for those who complete 
classes or recovery programs behind bars. Savings: 800 prison beds, 
$1.7 million.

_Diverting those serving time for child support violations to 
community-based facilities. Savings: 438 prison beds, $3.4 million.

_Equalizing powder and crack cocaine offenses, in a manner the 
federal government recently recommended. Savings: 1,450 beds, $10.4 million.

Collins cautioned that all the scenarios are in the brainstorming 
stages. None is a formal budget proposal.

O'Brien said such creative solutions may be needed to free up the 
cash to avoid closing prisons, which he sees as a far worse option. 
But he said halfway houses also require cash.

"The money has to there to build, operate, maintain and staff those 
community-based corrections facilities," he said. "You can't just say 
more people need to be sent there and not fund them."
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MAP posted-by: Richard Lake