January 27, 2010
Arizona lawmakers have formed a committee to deal with Corrections/sentencing in the state. The four person committee (2 Rep/2 Dem) is chaired by Representative Cecil Ash. It's my understanding that this committee is to find and eliminate wasteful spending in the Arizona Dept. of Corrections, as well as reduce the overcrowding in Arizona prisons without ill effects in and outside the system (threats to public or institutional safety and security).
The committee meets for the first time on January 4, 2010 at 2 PM at the State Capitol in Phoenix. It's also my understanding that they are interested in hearing testimony from friends & family of
Az. prisoners about the prison system, conditions, the effects
Az's criminal justice/corrections system has on families and friends of prisoners, and possible solutions. The committee will meet again in the month of February or early March.
Some points I'd like to be addressed and possible solutions to be considered:
Arizona's criminal sentencing statutes-Under
Az's "Truth in Sentencing" statues (in essence a mandatory minimum statute), all criminal defendants sentenced to incarceration MUST serve 85% of their sentence before they are eligible for early release. In addition, the sentencing guidelines generally call for lengthy sentences, which has only caused the prison population to expand dramatically, as well as
ADOC's budget. These statutes have not deterred crime. This fact is obvious based on the number of prisoners that are entering
ADOC every month.
ADOC projects that the prisoner population will continue to grow at a rate of 151 inmates per month (124.5 men & 26.5 women). Between 2002 & 2008, the prison system has had a 23.7% increase of inmates convicted and imprisoned for property and violent crimes, according to
ADOC.
Solution: Modify
Az's "Truth in Sentencing" statues to decrease the 85% for Class 3, 4, 5 and 6 felonies that are non-violent. In addition, provide more sentencing discretion to judges, rather than leaving their hands tied with mandatory sentencing guidelines. Lowering the 85% to 65%, or less, would release prisoners earlier. However, this should be done in conjunction with the
ADOC providing the necessary rehabilitative services & programs to its prisoners.
Work Incentive Pay Program-ADC inmates currently work at an hourly rate of $.29 an hour on average.
Solution: Modify the Work Incentive Pay Program to allow inmates to earn early release credits rather than wages.
Temporary Release for Low Risk Offenders-Pursuant to
ARS 31-281. (B).(1).(b)[SB 1291],
ADOC has the discretion to release inmates to the Drug Transition Program who the department deems a "low risk inmate". 31 inmates quality.
Solution:
ADOC redefines "low risk inmates" to mean an inmates with a Public Risk Score and Institutional Risk Score of 2/3 or lower, who has been disciplinary free for 2 or more years, has completed successfully all required programs, and has been a model inmate. The current criteria, which utilizes an inmate's general risk score and violent risk score, is far too
stringent. Thus
ADOC has only a
minuscule number of inmates released early under this program.
Home Arrest-
ADOC currently has no home arrest.
Solution: Create a home arrest program. Proposed criteria: No criminal aliens, non-violent crimes (current or historical), no weapons in crimes, no injuries to others, felony class 3-6, minimum custody, no sex offenders, two years or less to serve, public/institutional risk score 2/2 or less
Work Furlough-
ADOC currently has no work furlough program
Solution: Create a work furlough program. Eligible inmates would leave prison and work in the community. The inmate would be able to help provide an income for his/her family, pay taxes, and pay a percentage to the state (
ADOC) for "costs of incarceration".
Clothing and Bedding-The
ADOC has been failing to provide its inmates with adequate clothing,
ie socks, boxers, shirts, pants, etc, and bedding,
ie sheets, blankets, etc.
Solution: Allow inmates & family to purchase clothing and bedding from outside sources and provide them to them. This will alleviate
ADOC having to provide the items and prevent lawsuits for
ADOC not providing its inmates with a necessary entitlement.
These are only a few of the things I'd like to see discussed, considered, researched and done. What about you? Want yours to be heard?
Now's your opportunity....
Attend this committee meeting. Mail a letter to the committee or e-mail Rep. Cecil Ash at
www.cash@azleg.gov.
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