CROWDS IN THE PRISONS

Governor, Lawmakers Need To Be Cautious With Their Plans To Decrease The
Number Behind Bars

After education, one of the chief issues the Arkansas Legislature will have
to tackle when it meets in 2003 is prison overcrowding.

It's an issue Gov. Mike Huckabee brought to the forefront in a speech to
the Arkansas Bar Association last month. Saying he wants to look at ways to
reduce the prison population, he advocated such things as expanding the
system of drug courts and helping drug addicts break their cycle of
addiction and become productive members of society.

"We don't ne eed to be focused so much with filling jails," he said. "We
need to do things that would truly change behavior."

The idea -- and on its face it is a good one -- is to improve and expand
the probation and parole system to the point where prisoners don't make
second, third, fourth and even fifth trips to the slammer for the same
charge. If they can be properly remediated -- rather than ignored -- the
first time, perhaps they would contribute to their communities rather than
contribute to the prison population figures.

"I think one of the most important decisions we have to make as a culture
is whether or not we want a criminal justice system that is based largely
on the principle of restoration or the principle of revenge," Huckabee said.

So far, these sound like fine words and forward-thinking ideas, but we hope
the governor is not intending to open the prison gates to just anyone. For
some, "remediation" should mean 10 to 40 years behind bars, not weekly
accountability chats with a probation officer.

Unfortunately, Huckabee seems to favor shortening the prison sentences of
about everyone -- even the hardest criminals. At the Bar Association
meeting, he voiced his desire to change Act 1326 of 1995, also known as the
70 percent law. Under the act, people convicted of first-degree murder,
rape, aggravated robbery, causing a catastrophe, kidnapping and arson must
serve at least 70 percent of their sentences before becoming eligible for
parole. In 1999, Act 1268 expanded the 70 percent law to include those
possessing ingredients for methamphetamine with the intent to manufacture
the drug.

"It's really an arbitrary policy that does not take into account whether or
not the purpose of the system is to impose an arbitrary sentence or is to
protect society and to bring about justice," Huckabee said of the 70
percent law, adding that getting rid of the policy would have a "huge
impact" on the problem of overcrowded prisons.

Does the governor realize what he's saying? If Arkansas chucks the 70
percent law, someone sentenced to 40 years in prison for first-degree
murder would only have to serve one-fourth of his sentence before being
considered for parole.

This softening stance on violent crimes, alongside drug crimes, is a
dangerous step to take.

Benton County Prosecuting Attorney Bob Balfe calls his comments on the
prison overcrowding issue his "soapbox." He thinks the probation and parole
system is "completely broken down," and that attacking the overcrowding
issue begins with fixing that system and truly remediating less-violent
criminals through avenues like the drug court, adding more probation
officers to lessen the massive caseload carried by each and increasing the
number and usage of remediation centers like halfway houses.

But ax the 70 percent rule? Balfe shudders at the thought. According to his
calculations, violent, non-drug offenses covered by the 70 percent rule
only make up 3.8 percent of the prison population anyway.

People like Balfe serve as a needed voice of caution as the state tackles
its prison overcrowding problem.

Yes, a better system of parole and probation is needed, and to develop one
will take money the state is going to have to find somewhere. If
successful, however, it will pay off by decreasing the number of less-
violent prisoners the taxpayer must pay thousands of dollars each year to
incarcerate.

But getting rid of the 70 percent law altogether would be an indiscriminate
move. Stiff penalties are necessary in many cases, and Arkansas is already
softer on its prisoners than many other states, such as Texas and Florida.

The governor needs to stop pretending that getting rid of the 70 percent
law will solve the state's prison overcrowding problem. Sticking to the
plan of expanding drug courts and remediating less- violent criminals will
do far more to reduce the number of prisoners than removing the 70 percent
law would. And it would do so without returning murderers to the streets
decades before their sentences were to expire.