Articles

Georgia Prisons Packed

Richard Whitt, AJC Staff
Atlanta Journal-Constitution
June 16, 2003

Georgia's prison population and costs are exploding at a time when the state is facing its worst financial crunch in decades.

While state prison populations across the country have leveled off, and even dropped in Illinois, Texas, California and New York, Georgia's continues to skyrocket, according to U.S. Department of Justice figures.

In May, Georgia's prison population reached 50,922, breaking the 50,000 mark for the first time. State officials project the number will reach 56,000 to 58,000 -- a population roughly the size of Marietta -- by the summer of 2007.

A combination of new mandatory sentencing laws and longer terms behind bars for all types of offenses is helping drive up prison population, corrections officials say. Georgia has the sixth highest incarceration rate among the 50 states and ranks first among states in the percentage of people in prison, on probation or on parole.

The state Department of Corrections will spend nearly $1 billion this year. In the five-year span from 1998 to 2002, the DOC budget rose from $738 million to $968 million -- a 31 percent increase.

"I think we've got about as many people locked up as we can afford," said state Rep. Tom Bordeaux (D-Savannah), chairman of the House Judiciary Committee. "We need to act smarter, not harsher, toward criminal behavior."

In December, a 19-member commission recommended reducing prison time for nonviolent drug and property crimes while increasing terms for violent and sex offenders. The Governor's Commission on Certainty in Sentencing was made up of justice system professionals from across the state.

Under the commission proposal, the prison population would continue to grow, but only about half as fast as currently projected, said Adam Gelb, former executive director of the commission.

Drug possession cases make up 17 percent of prison admissions. Under the commission's plan, possession cases would drop to 4 percent of admissions, Gelb said. "By my rough calculation, a reduction of 13 percent would mean about 2,300 fewer drug possession cases going to prison, a savings of about two prisons," Gelb said.

However, Gelb cautioned that such a reduction would be partially offset by longer sentences served by some sex offenders and violent criminals.

The commission says its guidelines, if implemented completely, would cut by 4,120 the number of new prison beds needed through 2007, according to the commission report. At an average cost of $52,035 in capital expenditure and $17,758 in operating costs, that could save approximately $287 million.

"I think it takes the very thoughtful step of recognizing you're not going to solve the drug offender criminal by simply locking them up," Bordeaux said.

Commission dissolved
In January, Gov. Sonny Perdue suggested to the state's 188 Superior Court judges that they use the commission's guidelines in sentencing. Perdue's administration then disbanded the commission, which former Gov. Roy Barnes had created by executive order, and terminated its staff, saying its work was finished.

In its place, Perdue put together a working group that doesn't appear to have a definite timetable or deadline for implementing the commission's proposals.

"It seems like they're interested in moving it forward, but if it doesn't happen soon, it'll be too little, too late," Gelb said. The state could be forced to grant early releases to prisoners or embark on a costly new round of prison construction, he said.

A Perdue spokesman said that while the commission was allowed to lapse, its findings still are being considered.

"There is an informal task force of judges, district attorneys, people from pardons and paroles, and the budget office -- a working group," said Deputy Press Secretary Shane Hix. "We're still reviewing the guidelines of the commission."

'Options' for sentencing
After studying the issue for a year, the commission, co-chaired by Superior Court Judge Walter J. Matthews of Rome and Clayton County District Attorney Robert Keller, proposed a sentencing "options system" that would virtually eliminate prison time for drug possession and minor property crimes. Instead of being sent to state prison, many drug offenders would be placed in a new network of detention and treatment centers or tracked through electronic monitoring and intensive supervision programs.

Viewed as less expensive than prison, but seen as tougher than regular probation, the system would provide substance abuse treatment while penalizing violations, such as failed drug tests, more quickly than the present system, Gelb said.

The commission also proposed sentencing guidelines to reduce disparities in sentences for all crimes.

The commission found that in 15 of the state's 49 judicial circuits, robbers with no prior criminal records went to prison 20-40 percent of the time, while 60-80 percent were sentenced to prison in 17 districts.

More work remains before any new guidelines are put into place, said Matthews, a Rome Superior Court Judge.

"We recognize that these will be the starting point for sentencing decisions," he said. "Now it's up to the governor. Also the legislative leadership. The judges aren't going to be out there by ourselves."

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