States leading massive shift in criminal justice policy

Facing South has reported on the state policy changes occurring across the South to address high incarceration rates in light of massive state budget crises.

A report released this month by the Sentencing Project highlights 17 states (5 of which are in the South) that have enacted sentencing and corrections reforms in 2008.

According to The State of Sentencing 2008: Developments in Policy and Practice, a nationwide budget crisis coupled with widespread prison overcrowding has led many states to address critical challenges in the areas of sentencing, drug policy, parole revocation, racial justice, felony disenfranchisement, juvenile justice, and higher education in prison.

The report states that:

The politics and the realities of incarcerating 2.3 million people and supervising an additional five million Americans on probation and parole have demanded a shift in thinking regarding the best strategies to maximize public safety while preserving justice and fairness. Since 2000, most states have taken some action to address the expanding prison population. These reforms have commonly included alternative sentencing provisions, establishing and expanding drug courts, amending parole eligibility requirements, and reforming parole and probation revocation procedures.

The legislative and policy reforms in 2008 were no exception, with 17 states enacting changes in the areas of sentencing, drug policy, parole revocation, and racial justice. However, the budget crisis faced by most states, coupled with looming deficits in subsequent fiscal years, have increased the urgency of grappling with these challenges. Nationally, 31 states reported a total budget gap of nearly $30 billion in December 2008, a figure that is likely to grow as states struggle with their fiscal year 2010 budgets.

State-level reforms that occurred during 2008 in the South:

• Kentucky amended parole release policies and expanded home incarceration for persons convicted of certain offenses, created a committee to study the state's penal code and made recommendations for reform, and rescinded certain requirements for persons seeking to have voting rights restored after the completion of sentence.
• Mississippi amended parole release policies, and expanded eligibility for compassionate release.
• In Arkansas, voters in the city of Fayetteville became the second city in Arkansas to pass an initiative that makes the investigation, citation, arrest, and prosecution of marijuana offenses the lowest law enforcement and prosecutorial priority.
• Louisiana expanded dismissal of prosecution to persons who have completed a drug court diversion program.
• South Carolina established the South Carolina Sentencing Reform Commission to review current practices in sentencing and parole and identify potential areas of needed reform.