SUN EDITORIAL:

Overcrowded prisons

State Legislature should consider alternative sentencing for nonviolent offenders

Sunday, Sept. 7, 2008 | 2:08 a.m.

In 1995, amid a national movement to “get tough on crime,” the Nevada Legislature passed a series of truth-in-sentencing laws, mandating prison sentences for a variety of criminal acts, including some nonviolent offenses.

The laws worked in at least one respect — the state prisons are overflowing. As reported last Sunday in the Las Vegas Sun, Nevada has the ninth-highest incarceration rate in the country. As a result, prisons have run out of space — inmate bunks are stacked anywhere they fit, including classrooms and gyms. And despite a prison budget that has ballooned over the past decade, officials have not been able to provide adequate space or staff to handle the inmate population.

Next year the Legislature will be asked to deal with the issue of prison overcrowding. Because of the economy and the tight state budget, the prison system has made sizable budget cuts and isn’t expected to get a significant increase in funding next year.

Under the circumstances, lawmakers should reconsider the truth-in-sentencing laws. In its zeal to be tough on crime, the Legislature failed to see that many nonviolent offenders would be swept into prison along with murderers, rapists and others who belong there.

As a result, people who could have been in diversion or treatment programs are spending time in prison at a cost of about $20,000 a year. A probation sentence is a tenth of that, or less. And that adds up. As of 2006, 34 percent of male prisoners and 60 percent of female prisoners in Nevada were nonviolent offenders.

Lawmakers should give judges the latitude in many cases to impose alternative sentences. They should also fully fund probation departments to oversee the offenders, along with increasing the number of drug and mental health treatment programs.

The Legislature has ignored such proposals in the past for fear of looking “soft on crime,” but such a plan would save the state money and give some nonviolent offenders a much-needed second chance.

Discussion: 16 comments so far…

By billsail

9/7/08 at 6:41 a.m.

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This idea is penny wise and pound foolish! If we don't have enough money for prisons, tents might work well. Arizona seems to not have a problem with it!
By geezelouise

9/7/08 at 7:47 a.m.

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Getting rid of David Roger would also do wonders to the prison population.

And getting rid of judges that are striclty pro-prosecution and have never worked on the defense side of the law would also help.

The courts and laws in Nevada are stacked against defendants. This inequity also leads to over incarceration.

To Billsail,

Tents would still be more expensive than alternative sentences or treatment.

My suggestion is don't vote for anyone who wants to be "Tough on Crime". It doesn't work and only costs huge amounts of taxpayer dollars to convict and incarcerate non violent offenders.

Smart on Crime, now that might work.

And of course, the war on drugs. Even more of a failure than the war in Iraq.
By LifetimeMember

9/7/08 at 8:34 a.m.

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I agree with you geezelouise. Not only are alternative sentences, treatment and probation cheaper than incarceration (tents or otherwise), but it institutes more rehabilitation as oppose incarceration which is always a smart idea (for non-violent crimes). Besides being cheaper, rehabilitation also contributes to lowering recidivism (the rate at which offenders may reoffend and/or return to prison)which is a primary factor in high incarceration rates across the country. If offenders are given the tools needed to rehabiliatate themselves and become positive contributions to society, they are less likely to reoffend. Keep in mind that an offender can also contribute to the cost of their own rehabilitation because they are not incarcerated, therefor they can work and be ordered by the court to pay fines (which in turn pays for treatment), or maybe a percentage of the cost. There are many smart alternatives to mandatory sentences for non-violent crimes.
By conniek

9/7/08 at 8:43 a.m.

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what incredible hypocrisy for this State - firstly, to be the State of casinos/booze/criminal excess for the wealthy (drugs/Paris /booze/sex /prostitution/sexism/racism/elitism, etc., etc., etc.,) while condemning and criminalizing the same behavior in the poor - most of the women in prison are there for drug use (same behavior as in the wealthy residents and visitors and "celebrities" but not the same bank accounts) -
and, in collusion with the Clark County School District, which graduates fewer than 50% of all children from HIGH SCHOOL - (and what kind of future career does THAT make available to our children?) we decide to build prisons - and of course, that is a big industry in this state - built on the taxpayers' backs - fueled by the politics of fear and ignorance -

and, as so many inmates have untreated mental illness, and as this state provides such poor and/or non-existent mental health care for its residents, and as it is at least 10 (TEN) times more expensive per year to incarcerate rather than TREAT (for mental health and/or drugs and/or alcohol addiction) - then, it is obvious it is a WELL THOUGHT OUT PLAN BY THE DOC/COPS/DA/P&P to keep themselves in steady employment, build an evil empire known as "law and order", appropriate huge slices of our annual budget for their own self-serving, evil interests, and leave the rest of us in ignorance (thanks to the CCSD that's pretty easy in most cases). Wake up, voters, get the bums out of office - put the liars in jail (many of them lie repeatedly to our very own Legislature, and NOTHING is done to them by the Legislators they are in bed with) -

go figure. and continue to pay.
By lry

9/7/08 at 9:56 a.m.

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or we could just wait and stubbornly do nothing like california did.
By geezelouise

9/7/08 at 9:59 a.m.

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And then the Federal govt will get involved.
By xie

9/7/08 at 10:36 a.m.

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I am confused. Every few months the DOC changes its tune. First there was overcrowding. Then Skolnik wanted to close NSP so there was plenty of room. Now it is overcrowded again. In any event, putting non-violent offenders into the prison system is bad fiscal policy but even worse social policy since there is no programming going on in Nevada prisons and they are nothing more than gladiator schools to make people come out worse, especially if they go in young and impressionable.
By manny

9/7/08 at 11:04 a.m.

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Excellent editorial and especially clear sighted comments by geezlouise and conniek.

Bottom line? Change can and will come only through pressure on legislative representatives.

That means we have to write a letter and call our representative today.

That means we have to participate in legislative oversight until legislators fix the gaping holes in this sinking ship.

Otherwise, our public silence gives legislators unwritten permission to continue mandatory sentencing and their unethical behavior in office.

There is little to no drug treatment programming in NV prisons, so, drug problems still exist upon release. Is this ethically correct governing? Putting inmates into an expensive dinghy with no oars?

Nevada Attorney General Catherine Cortez Masto stated in a sun article on prison overcrowding SUN 25 Feb 07:

"Eighty-one percent of the state's 12,800 inmates has a substance abuse problem, she said. And 40 percent of the men and 70 percent of the women , in the state's prisons said methamphetamine was a factor in their crimes.”

With the powerful info in this article, what is the motive for continuing legislative inaction? The care and fertilizing of Nevada's socially, distinctly dysfunctional prison industrial complex?

Drug problems are medical problems that can be cured between doctors and patients before the law gets involved. How about authoring an ounce of prevention law for sponsored treatment?

By the way, 9/02/08 prison administration discontinued the package program. How many more prisoners will now have to give sex to get clothing in the rag black market inside prison walls?

When the prisons bankrupt Nevada, we can say we told them so. But, that will be of no comfort, because all of us on board this doomed pirate vessel will have already drowned.
By 2ndsister

9/7/08 at 3:41 p.m.

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Prisons are overcrowded so we have to build more after
we closed 2 facilities and are expecting to close at least one more.
Former inmates know that eventually Skolnik will be replaced when these ideas fail. The next thing to be tried is "Tent Prisons".
What we need to do is elect judges who have worked on both sides of the court and deal with the issues that cause crime...drugs, alcohol, homelessness,education, unemployment, "hopelessness". A little humanity goes a long way.
The "war on drugs" is a war on those who use not those who benefit from the sale and distribution of drugs. Let's deal with illegal immigrants bringing drugs across the border and those who prosper from the smuggling of drugs and people.
By halfner

9/7/08 at 5:29 p.m.

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The first thing we need to do is DEFINE who is 'violent' and 'non-violent'. I know MANY people who are convicted of 'non-violent' crimes who ARE very violent and have committed (but not convicted of) numerous violent acts and I would NOT want them living in my community. However, I also know some people who are labeled 'violent' due to ONE incident/crime/event who are the most non-violent people you could ever hope to meet and you would LOVE them to live next door to you because they KNOW and UNDERSTAND what the word means and what it doesn't. This state needs to start treating people as people and not 'label' them for an act they may not have been able to prevent or for something that happened when they were very young and they are now very old.... they are NOT the same person just like you and I are not the same people as we were 15-20 years ago. There is no reason to pay $20k year to keep someone locked up who is no longer a danger to society. Most felons convicted of violent crimes have less then 1% recidivism where as your 'non-violent' criminals have as high as a 70% statistic to re-commit a crime... yet you all want them out soooo bad. I hope they go rob your homes for their next dope fix, not mine.
By moblyw

9/7/08 at 7:09 p.m.

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When you have public defenders that defend no one you fill up the prisons with poor people that were never defended. At least 25% of the so called violent offenders are innocent also. Get in trouble in Nevada when you are broke and you will go to prison if charged with a felony. I truly believe that the percent of innocent folks in Nevada Prisons is very very high. Prisons in Nevada are a business, and those in power to gain from the business make sure it prospers. WAKE UP NEVADA!
By spartacusproject

9/7/08 at 7:36 p.m.

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To the person that signs on as billsail. Are you a prison administrator/guard. You don't sound too right. Arizona's governor and sheriff were under a death contract of $100,000.00. What if it went to completion?

Don't smirk. Iraq has this problem every day. Man, those vests are hell. Do you want one walking into our sacred halls? Could be, but I hope not. Too much Law & Order is criminal, too.

In 2000 The Spartacus Project of Nevada submitted to Governor Guinn & the prison comissioner's, a report citing the very issues being reported today--as abusive and needing chance. The report was fluffed off.

I understand that. The good ole boy legislators thought they could buy votes by speaking out for Truth In Sentencing Laws. OK, Nevadans, you got what you asked for and are going broke for your thoughts. The inmates are doing the time, but did your tax dollars make you safer?

Sure they did. Now you have some really pissed off felons coming out. Still feeling any safer?

What you have done is make some prison & parole administrators more easy money and a really great retirement--on your tax dollars. No rehabilitation for Nevada felon's. Great safety!

With Nevada's prosecutorial judges, prosecutors and David Rogers--and his overcharging pen, what did you expect? However, if the State parasites are just now recognizing these injustices--what does that say for their silence the last 13 years? "Oh yeah, thanks for the great benefits you purchased for me and mine." "I love 'em."

Prison & Parole Administrators knew these laws were wrong, but profited by them. And in 2007 some new laws changed prisoner's time & releases, but the Parole Board Chairperson stated: "No one gets released until I say so..." or something like that. AND OUR GOVERNOR DIDN'T FIRE HER. What the hell is he thinking?

A police chief, district attorneys, city employees, and God knows how many other parasites have gotten elected to the legislature and no one says anything about self-serving, eithic violations, and/or recusing themselves from voting on prison & parole issues. Whoa, what's wrong with that picture? Job security?
Nah, Nevada's pious legislators wouldn't do that. But, how about HA HA HA all the way to the bank?

Just a little something to think about when you purchase your next loaf of bread. And, Oh yeah, that guy purchasing steak--is your legislator.
By xie

9/7/08 at 7:48 p.m.

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There are sure some smart people posting on this forum. Please come to our discussion board and share your knowledge!

http://nevadacorruptions.proboards83.com...
By DavidMorgan

9/8/08 at 8:40 a.m.

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In short, Nevada can no longer afford it's childish and short-sighted approach to dealing with crime. We would hope that Nevada would do the right thing about true rehabilitation because of a thoughtful, moral approach. But, no...not the "Battle Born" state. We think with our fist! Well, ladies and gentlemen of Nevada, it's come down to this. We can't afford our fist! So let's do what we CAN afford. Treat each other like adults and focus on education, healthy families and a smart, growing economy where crime automatically takes a back seat, instead of hijacking the car.
By rebelmuse

9/11/08 at 8:04 p.m.

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I am a family member of someone recently incarcerated. Although he admitted to making a bad choice the other person involved had multiple felonies and never disclosed the fact that she was on probation. She lied about her driver's license, no insurance, surrendered tags, and everything else like the fact that she failed to go for mandatory drug testing the day prior to the incident.
He was a good, productive member of society, a veteran, and worked overseas for his country. This person volunteered in the community, has the support of his family, and the people and the office he worked in. This person never had any problems with the law, had a steady job and was still sentenced to 1-6 years for his crime. Though a probation officer interviewed him, reviewed the case, spoke to his doctor, that person concluded that an attempt of suicide did not demonstrate remorse or regret. He has been forced to file for bankruptcy, he has lost his home, and his job and has become a true burden on the state (that's you and me people). For those of you that believe the system is helping these people, you are sadly mistaken. They aren't receiving any help, and all the supposed programs for rehab or for behavior "corrections" are virtually non-existent!!! He has a caseworker. The purpose of the caseworker is to facilitate the rehabilitation of these people and ensure that they have the tools they need to get back into society. Not his. His caseworker does not want to be bothered. He is within his time to be released to go to house arrest (something he or his family will have to pay for), and his caseworker will not give him the time of day. It is much cheaper for an inmate to pay for house arrest than for them to be imprisoned. The state government is more content to release child molesters than they are ordinary people with no history. Look up what determines the release of these molesters, and you will be shocked!!! I would much rather have this person out and about, than some person that preys on innocent children.
We are content to throw these men behind bars, and not willing to pay the consequences?! The key word here is PAY!!!! We will continue to do that as long as Gibbons is in office, and who knows, maybe next on the horizon are charges of cruel and unusual punishment from the ACLU since the rooms that were once designed to house 1 inmate now house multiple inmates. Good luck getting out of this one. For all of you that think this could never happen to you. Think again!!! He was a regular guy and look where it landed him. Thanks Nevada-the only truth in sentencing is that these men will all receive a sentence for any crime regardless of what type of citizens they were in the past. Unless of course you are a child molester.
By apollonia

9/21/08 at 6:44 p.m.

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All I know is it doesnt work. It never worked. It made it worse. We are fighting a war that will never be won.

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