REAL SOLUTIONS FOR IDOC PRISON OVERCROWDING (v. SENDING IDAHO INMATES OUT OF STATE)

Guest post by Erik Buchanan In December, 2017, IDOC officially announced plans to [again] house Idaho prisoners in other (as yet unidentified) states to alleviate prison overcrowding. The announcement indicates that transfers of prisoners will begin around March of 2018 and involve 200 to 300 Idaho prisoners - in many cases moving prisoners hundreds (if not thousands) of miles from family and friends who routinely visit them. Contracting with other states to house Idaho prisoners is no more than a temporary solution with an exceptional taxpayer price tag and does nothing to correct the original issue of overcrowding in Idaho prisons - too many prisoners and not enough beds (resources). Below are a couple real solutions to the overcrowding issue that is currently taking place in the Idaho Department of Correction - solutions presented from the perspective of those of us who are currently housed within the walls of the prisons - that make sense, are cost effective and would not require Idaho inmates being sent to out of state prisons. 1). A FIXED TERM FOR LIFE SENTENCES What defines a life sentence? 25 years, 30 years? If this issue was addressed and a "life sentence" set as a number (of years) to serve as it is in many states and the federal system, a significant number of inmates would qualify for immediate release. Many prisoners serving life sentences have shown during their extensive period of incarceration that they have learned from their mistakes, taken steps towards full rehabilitation, maintained good to excellent discliplinary records and were steadily employed (prison jobs) for years, all indications that these people would become productive members of society, if only given the chance. Inmates with life sentences who have yet to serve what would be a full-term (time defined) sentence would be motivated to take and maintain a positive outlook and disposition, having a hope that someday - maybe many years down the road - there would be a chance of release. The benefits to the IDOC and society are also clear - inmates will thirst for job skills that will help them upon [possible] release, and will participate in educational and vocational training which is proven to reduce recidivism, and the department gains a pool of willing and eager workers with positive attitudes. 2). REVIEW COMMITTEE OR BOARD Establishing a committee (or Board) to review the behavior, training and program participation of inmates who have completed 10 years of their sentence with an eye towards parole eligibility (or sentence commutation) would serve not only the department, but the inmate and society without minimizing or detracting from the retributive or punishment factors involved in sentencing one to prison. Rehabilitation, said to be the ultimate and primary goal of sentencing one to prison, is also supported. Based on current laws, most inmates who have served 10 years or more are unable to have any judicial review of their sentences regardless of the circumstances which would otherwise indicate the inmate should be released on supervised probation or parole. With the amendment, repeal or other changes in laws, situations often arise where it is clear that an inmate who was sentenced a decade before would receive a much lighter sentence if the sentence were to be imposed today. Despite being warehoused, many prisoners, even those currently without hope of release, remain as productive and self-motivated as one could expect with the limited programs and opportunities available to those with a life sentence. These inmates - their contributions and potential - are overlooked by case managers and other prison officials in that staff are overloaded with "special needs" prisoners - those with short sentences, discliplinary problems and bad attitudes. The only time productive and positive inmates have their behavior and accomplishments reviewed or recognized are in preparation for parole hearings. 3). INCARCERATION BEYOND MINIMUM SENTENCE IMPOSED Under Idaho sentencing laws, convicted felons are sentenced to a minimum (fixed) term of incarceration, followed by an "indeterminate" term to be decided by the parole board (Idaho Code 19-2513). During the fixed portion, inmates are not eligible for parole, but may be paroled or released at any time thereafter. Unfortunately, reaching the end of the fixed term does not mean one will be released - despite several court opinions that hold that for purposes of determining the actual length of a sentence imposed, only the fixed portion of the sentence is considered. The percentage of a fixed term served by Idaho inmates is nearly double the national average. For example, of the inmates released from Idaho prisons in 2012, those convicted of property crimes served 200% of their fixed sentence term in prison. Those convicted of drug related crimes served 219% of their fixed terms, violent crimes: 225% and DUI offenses served a whopping 231%. (SOURCE: CSG Justice Center Analysis of Idaho Department of Correction: FY 2008-2012 / Prison Admission and Release Data.) In data obtained from the cited source, time served in prison is not congruent with the assessed risk level of the prisoner. In 2012, inmates having a low risk to reoffend were released at 215% of their fixed term of incarceration, while moderate risk offenders were released at 233% and high risk inmates at 178%. While the national average time served in prison for a violent crime is 5 years, the average time served for the same crimes in Idaho is 6.5 years - 30% more than in other jurisdictions. (SOURCE: PEW Charitable Trusts "Time Served:The High Cost, Low Return of Longer Prison Terms".) (National Average data: CSG Justice Center Analysis of Idaho Department of Correction: FY 2008-2012 / Prison Admission and Release Data.) The point is - Idaho inmates are simply not being released when they can be released according to their (fixed) sentences as the Idaho Parole Commission continuously, inexplicably and often for political reasons holds inmates well past their court mandated term of incarceration. Many of these prisoners have acceptable parole plans including post-release housing, employment and family support. Most have completed mandatory and voluntary vocational and rehabilitative programming while incarcerated and have availed themselves of the [limited] available educational and job opportunities behind the walls. Finally, many prisoners (and their families and potential employers) who have been granted parole are often required to wait several weeks or months to actually be released from prison due to delays in program completion caused by staff unavailability or program scheduling, failure of parole staff to complete inspections and/or paperwork necessary to allow the inmate to be released, and general lackadaisical attitudes towards getting the job done. This lackluster approach is unfortunately pervasive throughout the IDOC case management and operations system. It's time to make real changes in the Idaho Department of Correction - and as programming teaches us, the first step in recovery is admitting there is a problem. Idaho... we have a problem.  Thoughts and comments to this article are welcome by using the POST A COMMENT link below. If you wish to contact Erik Buchanan directly, you may contact him via JPay.com, or write to him at: Erik Buchanan #59712 / ISCC / Unit F P.O. Box 70010 Boise, ID 83707