Professional Documents
Culture Documents
by
Jason Pye
Introduction
Over the past 40 years, the United States has spent more than $1
trillion combating drugs.3 But even as prison populations in the
United States skyrocketed, totaling 2.227 million in 2013,4 or 910
out of every 100,000 adults, drug-related crime remained high as
the market for well-known drugs has remained around $100 billion
annually.5
Lauren E. Glaze and Danielle Kaeble, Correctional Populations in the United States, 2013, U.S. Department of Justice
Bureau of Justice Statistics http://www.bjs.gov/content/pub/
pdf/cpus13.pdf
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a crime control tactic for more than 30 years, the report explained.
Its effect on crime rates since 1990 has been limited, and has been
non-existent since 2000.7
Although it may be counterintuitive, the sentencing policies of this
era have actually exacerbated problems in communities already
plagued by crime. It is difficult to draw strong causal inferences
from the research, the National Research Council of the National
Academies noted, but there is little question that incarceration
has become another strand in the complex combination of negative conditions that characterize high-poverty communities in U.S.
cities.8
More than 80 percent of Americans believe the United States is
losing the war on drugs.9 Lawmakers in many states appear to
have had the same revelation. With the mounting financial costs
of incarceration and the consequences of sentencing policies in
communities, many states have taken a new approach to deal with
offenders. By getting smart on crime, they have managed to save
money and make communities safer. In fact, more than 30 states
have reduced, eliminated, or reformed their harsh mandatory minimum and drug sentencing laws over the past decade,10 and crime
has gone down, not up.11
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Pew Center on the States, State of Recidivism: The Revolving Door of Americas Prisons, April 11, 2011 http://www.
pewtrusts.org/en/research-and-analysis/reports/0001/01/01/
state-of-recidivism
23
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Conservatism in Action
Olivia Nuzzi, Prison Reform is Bigger in Texas, The Daily
Beast, April 12, 2014 http://www.thedailybeast.com/articles/2014/04/12/prison-reform-is-bigger-in-texas.html
24
29
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34
Bureau of Justice Assistance, Reducing Recidivism: States
Deliver Results, June 2014 https://www.bja.gov/Publications/
CSG-ReducingRecidivism.pdf
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Among the steps Georgia has taken is the creation of a safety valve
exception to mandatory minimum sentences for drug offenses
for low-level, nonviolent offenders. For Deal, this step needed to
ensure that prison beds were available for the worst offenders37
in the state. Public safety will be improved by giving prosecutors
leverage in certain cases, he explained, and by ensuring that our
prison resources are reserved for the kingpins while the mules
are given a chance at reform.38
Deal has also taken steps to reform Georgias juvenile justice system
and worked with lawmakers to create an innovative back-end reentry system39 that, like that of Texas, offers work training, education,
and other rehabilitative programming.40 And he is not showing any
signs of slowing down his justice reform efforts.41
In addition to Georgia, Alabama,42 Mississippi,43 Oklahoma,44 South
Carolina,45 and Utah46 are among the long list of states that have
either already implemented justice reforms that fit their respective
communities or recently passed reforms.
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Public Support
Jake Miller, CPAC kicks off as conservatives mull future, CBS
News, March 14, 2013 http://www.cbsnews.com/news/cpackicks-off-as-conservatives-mull-future/
47
t goes without saying that justice reformwhich includes changes to sentencing policies, rehabilitative and reentry programs,
and the likeis not a cure-all for the problems that persist in
many communities across the United States. The reforms passed in
conservative states such as Texas and Georgia offer a different, less
costly, data-driven way to approach corrections.
Residents have responded positively. A recent survey of likely Texas
voters found strong support for the reforms passed in 2007. The
survey noted that 73 percent support sending offenders guilty of
drug possession to treatment programs as an alternative to incarceration, and 61 percent believe that more money should spent on
education and drug treatment to lower offenders risk of committing new crimes.48
The survey registered overwhelming support for juvenile justice
reforms, such as ensuring that young people are tried in juvenile
court for status offenses. Nearly 60 percent of respondents expressed support for a bill that would allow non-violent offenders
to seal their records, so they can find apply for employment, education, or find housing.49 A bill to the latter end was passed in the
2015 session and signed into law by Republican Gov. Greg Abbott.50
The results from Georgia have been similar. Although there is no
recent data, a survey conducted in 2012 found that 81 percent supported the idea of reducing sentences for those convicted of drug
possession and using the savings for mandatory treatment programs. Another finding was that 76 percent backed allowing nonviolent offenders to earn time off their sentences if the complete
rehabilitative programs.51 Bipartisan support was found in each
of the questions asked, although 55 percent of the overall respondents were self-identified conservatives.
48
49
Ibid.
52
Ibid.
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Conclusion
onservative states have led the way on justice reform over the
last decade. By changing the culture of corrections through
sentencing reforms that limit mandatory minimum prison
terms to the most serious offenders and rely on treatment as an
alternative to incarceration, rehabilitative programs for those who
do serve time, and continued assistance when offenders reenter
society, lawmakers have reduced recidivism, made communities
safer, and saved taxpayers money.
The results from conservative statesthese laboratories of democracyare key as members of Congress look for ways to deal with
the federal corrections system, which has seen explosive population and cost growth of its own since 1980. This is federalism in
action. Through sentencing reforms and a focus on treatment as
an alternative to incarceration, the federal government can lessen
the cost-burden on taxpayers by using the lessons from the states
to get smart on crime.
Conservatives have embraced the justice reform movement, and
they should continue to do so. While passed with the best of intentions, the policies of the past have proven unsustainable, both
in terms of the fiscal cost and the negative impact on poor and
minority communities. The model that conservative states have
provided fundamentally changes the nature of the approach. Punishments are, of course, still meted out by courts, but the sentences
given offer a means for offenders to alter the direction of their lives.
One such example is a woman named Sarah Gilleland, whose story was told by Gov. Nathan Deal in a joint session of the Georgia
General Assembly in January 2012.54 Sarah was a drug addict. The
drug use that began as recreation resulted in a destructive cocaine
and methamphetamine addiction. It took control of her life. At one
point, she had no means of transportation, she lost custody of her
little girl, she wound up homeless, Deal explained. But I mention
Sarah tonight because she exemplifies many of the goals we hold
for our corrections system.
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