A MATTER OF FAIRNESS

But is system ready for release of crack cocaine offenders? The U.S.
Sentencing Commission is on the verge of rewriting federal sentencing
rules to pare a minimum of two years off the sentences of nearly
20,000 inmates in federal prison on charges related to crack, a potent
form of cocaine that can be smoked rather than inhaled.

That's a good idea -- but it will create problems that should be dealt
with beforehand.

The rewrite is part of an effort to reduce the disparity in sentences
for crack cocaine and powder cocaine offenses. Those who use and sell
crack serve much longer sentences than those convicted of similar
powder cocaine offenses. In fact, experts say it may take an offense
involving up to 100 times as much powder cocaine to trigger the same
level of sentences created to deal with the crack cocaine epidemic.
Policymakers feared crack would produce more violent offenders who
deserved the longer sentences. The result has been to send a number of
low-level offenders to prison for long, costly stays without punishing
high-level drug distributors. About eight in every 10 inmates are
black. Advocates point out that the sentencing disparity likely
overstates the relative threat from crack cocaine offenders. The
Sentencing Commission already has reduced the guidelines for terms to
be served by future crack offenders. Now it's considering a policy
that would shorten sentences of offenders now in prison and free up to
2,500 inmates in the next year. That would represent the beginning of
the largest releases of prisoners in the 20-year history of the
commission, according to the Los Angeles Times.

That raises this question: Is the federal criminal justice system
prepared for such a large release of inmates? Is it equipped to help
those inmates make a successful transition back into society without
returning to the same habits that led them to use or sell crack
cocaine in the first place? If not, how long will it be before many of
these inmates are back in custody? The U.S. Justice Department has
predicted the release of up to 20,000 prisoners in the next few years
would "unravel the success we have achieved in removing violent crack
offenders from high crime neighborhoods" and worsen a recent upturn in
violent crimes, the newspaper reports. The record, unfortunately,
suggests the criminal justice system is not well equipped to help
released drug offenders. They will need programs to help them
rehabilitate their lives, counseling to avoid substance abuse and job
training and education to help them find work.

To the extent those services are unavailable or inadequate, many of
those inmates will soon be on the path back to prison, or worse. The
Sentencing Commission must factor those needs into its deliberations
- -- and take steps to meet them.