Throughout the mid-1990s and beyond, as violent crime decreased,
some argued that tough sentencing laws and truth in sentencing laws
were not effective. The sole cause for the drop in crime, they
argued, was a good and growing economy. They were wrong.
Our economy is on the backside of a long downturn; crime rates
should be high and growing. They are not. We have incarcerated more
than 2 million people in this country, for longer periods than ever
before. The revolving door for many violent offenders has slowed or
stopped, and we are all safer. However, these results have been
purchased at a great and growing price.
In South Carolina, we now have more than 24,000 inmates in our
prison system. Today we manage 2,500 more offenders than we did
three years ago. Unfortunately, our Corrections Department has not
been provided with the resources required to attend to our growing
inmate population. We will finish this year with 1,100 more inmates
than last year’s ending count.
We have responded to this problem by undertaking a series of
budget reduction efforts and by finding more efficiency. We are now
the second-most-efficient prison system in the nation in terms of
spending per inmate, allocating about $12,300 per year. Even so,
corrections in South Carolina is a $300 million proposition.
It is both necessary and appropriate that our state make attempts
to align available resources with the number of inmates that we must
house and manage. To do so, certain legislative changes are in
order. We cannot “do nothing” on the legislative front and expect to
have different results. During the next legislative session, this
administration will propose legislation that will create new
sentencing alternatives for nonviolent offenders.
These sentencing alternatives would begin with a recommendation
by the sentencing judge. The new legislation would allow nonviolent
offenders to be screened and managed for an appropriate length of
time at our institutions. Then, inmates would be placed in the
community under appropriate levels of supervision. This approach has
worked in South Carolina for years in our youthful offender and
shock incarceration programs.
Judicial recommendation is important because it allows for the
input of victims, law enforcement, solicitors, defendants and
attorneys. A variety of supervision strategies such as electronic
monitoring, home detention, intensive supervision or day reporting
could be used to monitor the inmates who advance in the program.
These sentencing alternatives would focus on two groups of
nonviolent offenders: those with sentences of one year or less and
those with sentences of one year to five years.
For offenders with sentences of less than one year, Corrections
would admit, screen and process the inmates. The Corrections
Department would develop an appropriate transition and community
supervision plan, identify appropriate requirements and conditions
to be placed on the offender, and allow the offender to change his
location to the community after service of 90 days in a “real
prison” setting.
For nonviolent offenders with sentences of between one and five
years, Corrections would develop a special six-month program that
would address the factors that contribute to their criminal behavior
(substance abuse, cognitive skills, employment issues, mental health
needs, etc.). If the offender successfully completes this program
then a community re-entry and supervision plan would be
developed.
Focusing our energies on moving appropriate nonviolent offenders
to more specific community placements would allow us to devote the
majority of our institutional resources to the more violent or
dangerous individuals who require extended periods of incarceration.
About 50 percent of our inmate population is made up of violent
offenders, and a growing percentage (presently 30 percent) of our
population is made up of inmates sentenced under the
truth-in-sentencing laws. We must have adequate resources to deal
with these long-term criminal offenders.
Another unique aspect of this proposal is that it will not
further clog an already-overburdened judicial system. As Corrections
Department inmates, offenders violating the conditions of these
lower levels of incarceration could be immediately moved back to
prison. They would have a disciplinary hearing and they would
continue to have access to the courts.
This immediate carrot-and-stick approach has been successful in
drug courts across the state. This would be an entirely new idea in
sentencing, giving offenders a “real prison” experience first, while
offering an opportunity to advance to an alternative form of
incarceration.
On behalf of Gov. Mark Sanford, House Speaker David Wilkins and
Sen. Mike Fair have agreed to sponsor legislation to accomplish
these objectives. Many other Democrats and Republicans have
expressed an interest in helping to ensure this legislation is
passed.
This is an important first step, but it is not a quick fix to our
corrections funding crisis. The enactment of this legislation should
result in a gradual, but slight reduction in the growth of our
inmate population in a manner consistent with public safety
considerations.
Mr. Ozmint is director of the S.C. Corrections
Department.