Corrections system needs fundamental changes

The Friends Committee on Maine Public Policy, which represents Quaker meetings around the state, understands and appreciates Gov. John Baldacci’s need to reduce state government spending in order to meet the constitutional requirement to balance the budget.

The plan to unify state and county jail systems is a proposed step in that direction and Commissioner of Corrections Martin Magnusson has said the plan will provide more money for mental health, substance abuse, women’s and other programs, a laudable goal.

The Friends Committee believes this proposal provides the occasion for a more fundamental look at the criminal justice system in Maine.

The fact is that Maine’s crime rate continues to decline while the number of people incarcerated – the chief driver of more spending – continues to rise. Reducing the number of people in jail must therefore be a prime consideration.

The February 2006 Interim Report of the Corrections Alternative Advisory Committee states that Maine has the lowest incarceration rate in the United States and one of the lowest per capita costs for corrections. But the state’s correctional system faces serious challenges including growing prisoner populations, costly recidivism rates, rising health care costs, larger than average probation loads for caseworkers, and other problems. In the past 20 years the average daily population in state prisons has grown 71 percent and county jail population has grown 173 percent. In 2004, Maine spent more than $127 million, not including debt service, to operate its prisons and county jails. The committee makes a series of recommendations that should be studied by legislators and all interested residents.

Our group believes there are several issues that deserve special consideration in improving Maine’s criminal justice system.

First, many in prison are there as a consequence of mental illness or addiction to drugs and alcohol. These people need to be treated in the first instance as having a health problem rather than as criminals. This calls for increased training for corrections and public safety officials and more resources for community mental health and substance abuse programs. It is extremely short-sighted to reduce rather than expand such community-based programs.

Second, increased efforts and resources should be focused on pretrial diversion programs and postincarceration probation and parole programs to aid rehabilitation and reduce recidivism. Maine’s Drug Court program should be expanded. House arrest bracelets should be considered in appropriate circumstances. The re-incarceration of probationers or parolees for technical violations or noncriminal behavior should be challenged. Mandatory minimum sentences and lengthy sentences based on retribution rather than community safety must be re-examined. Work-release programs should be expanded whenever possible. Maine’s program for juveniles, which has been nationally recognized for effectiveness, should be supported and expanded, if necessary.

Pretrial procedures should be changed to reduce time spent awaiting trial. According to the Corrections Alternative Advisory Committee, 60 percent of those in county jails are awaiting trial; their wait averages 65 days. They are not convicted offenders serving their sentences. Additional judges, public defenders and corrections and public safety staff may be necessary to speed the adjudication process. Justice delayed is justice denied, and in this case may also be costing taxpayers money. The Department of Corrections has identified this problem as one to be corrected.

Finally, those who must be confined should be incarcerated as close as possible to their families and communities.

Whatever the near-term results of the negotiations on jail consolidation, the governor, Department of Corrections officials, legislators, county and local officials, and public interest groups should work together intensively to develop policies that reduce the number of people in jail, increase effective alternatives to incarceration, and expand community mental health and alcohol and drug abuse programs.

Edward F. Snyder lives in Bar Harbor. He wrote this commentary on behalf of the Friends Committee on Maine Public Policy, which is made up of representatives from Quaker meetings around the state.