Freedom and Justice For All? Part 2

A Push For Reform

There are calls for reform of both the prison system and the judicial methods used with non-violent drug offenders.

The National Criminal Justice Commission Act

After researching the justice and prison systems in the U.S. for the past two years, Senator Jim Webb has concluded that, “We need to fix the system. Doing so will require a major nationwide recalculation of who goes to prison and for how long…” In March he introduced The National Criminal Justice Commission Act of 2009 in the Senate. The bill aims to create a bi-partisan “commission to look at every aspect of our criminal justice system with an eye toward reshaping the process…and [to] make concrete recommendations about [reforms].”

Should the legislation pass, the Commission will be charged with reviewing all areas of Federal and State criminal justice practices and making specific findings. According to the bill’s fact sheet, the panel would examine and make policy recommendations on such matters as:

• Reasons for increase in the U.S. incarceration rate compared to historical standards

• Incarceration and other policies in similar democratic, western countries

• Prison administration policies, including the availability of pre-employment training programs and career progression for guards and prison administrators

• Costs of current incarceration policies at the federal, state, and local level

• The impact of gang activities, including foreign syndicates

• Drug policy and its impact on incarceration, crime, and sentencing

• Policies as they relate to the mentally ill

• The historical role of the military in crime prevention

Drug Courts

These special courts are designed specifically to address drug offenses. The concept was pioneered in Dade County, Florida twenty years ago. Drug Court judges oversee these community-based programs, and closely supervise offenders’ treatment and rehabilitation over the long term.

A great deal of research has been conducted on the effectiveness of drug courts, and the data points to the conclusion that recidivism rates are lower for offenders who participate in these programs as compared to those who are given probation & mandated treatment or prison sentences through traditional courts. The judicial costs are approximately 40% lower per offender in these courts, as well. (This doesn’t include savings realized by not incarcerating offenders.)

Congress approved a record $64 million for Drug Courts; and the Obama Administration’s 2010 draft budget includes $118 million for Drug Courts. Savings estimates are promising. According to national security analyst, General Barry McCaffrey,  “A $250 million annual Federal investment would reap staggering savings, with an estimated annual return of as much as $840 million in net benefits from avoided criminal justice costs alone and another 2.2 billion in savings to our communities.”

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