A TWO-TIERED APPROACH

There is no question that Texas is tough on crime. Now it's time for Texas
to get smart on crime.

Texas recently surpassed California in having the most people in prison,
local jails or other secure facilities controlled by the state's criminal
justice system. Texas' prison population has ballooned to 163,190. While
California has 13 million more people than Texas, its inmates number
163,067, according to figures released recently by the Justice Policy
Institute.

If those figures are not enough to grab your attention, a few more facts
point to the startling features of the Texas system. One of every 20 adults
in Texas was in prison or jail or on probation or parole during the past
decade. And despite the addition of 100,000 prisoners during that period,
the drop in Texas' crime rate was lackluster when compared with rates in
other big states. Texas' crime rate declined 5.1 percent from 1993 to 1998.
California's crime rate plunged 23 percent during that period, while New
York's dropped 21 percent.

Officials at the Washington-based Justice Policy Institute have been
criticized for bad-mouthing Texas at a time when the governor is seeking
the nation's highest office. Shooting the messenger is not the answer.
Those figures, compiled from state and national sources, should signal
that, the election aside, it's time to change direction -- time to be
smarter -- when dealing with criminal justice.

The Legislature now should follow the lead of other big states --
California and New York -- and pursue a two-tiered approach. Stay tough on
violent offenders, keeping them in prison longer. Steer nonviolent
offenders to alternatives to prison when appropriate. Lawmakers should back
those efforts by expanding drug rehabilitation, education and job skills
programs aimed at integrating offenders back into society as law-abiding
people.

Texas' focus on punishment during the past decade has been a costly
investment for taxpayers. The building spree, tripling the state's prison
system, cost about $1.7 billion.

Austin American-Statesman reporter Mike Ward reported last month that a
steadily growing population of convicted criminals has pushed Texas' prison
system close to its legal capacity. The report stated prisons were 97.3
percent full. When the system reaches 99 percent of its capacity, the state
is required by law to reduce the number of nonviolent felons behind bars.
Prison officials have responded to the problem by proposing 8,550 new beds
at a cost of more than a half-billion dollars. To their credit, they also
have requested $17 million for beds for parole violators and electronic
monitoring equipment.

Some states, including California and New York, are proposing alternatives
for nonviolent drug offenders. Texas should do the same, especially
considering that one of five people behind bars in the Lone Star State is
there because of a drug offense.

New York became the first state to require that nearly all nonviolent
criminals who are drug addicts be offered treatment instead of jail time.
That initiative, which began this summer, seeks to sharply reduce the
number of repeat offenders clogging the courts and the state's prisons and
jails.

In California, voters will consider a ballot initiative -- Proposition 36
- -- that would require probation and drug treatment for possession, use and
transportation of illegal drugs. Backers estimate California taxpayers
would save about $100 million a year, after costs of operating the program
are deducted. There would be further savings if fewer prisons needed to be
built.

No one wants violent criminals released to Texas' streets before their time
is up. More prison beds may be needed. But it's time to look hard at
alternatives for reducing Texas' massive prison population.