SOME STATES EASING PENALTIES FOR CRIMINALS, REPORTS SHOW

The tough-on-crime laws of the past two decades are getting another
look as crime rates have fallen, with many states easing mandatory
sentences and turning to drug treatment options, two new reports have
found.

The reports released last week, both by advocates for sentencing
alternatives, suggest that policymakers are beginning to revisit long
sentences and that the recession may spur more action.

Two Washington-based groups, The Sentencing Project and the Justice
Policy Institute, conducted the studies. They looked at legislative
and administrative changes across the country.

Some authorities think the reports' conclusions are
correct.

"We have to make sure that we're not just being tough on crime, we're
being smart on crime," said Alabama Atty. Gen. Bill Pryor, who is
seeking an overhaul of the state's sentencing system.

In the last few years, Connecticut, Indiana, Louisiana, Michigan,
Mississippi and North Dakota eased their laws on mandatory sentencing
or parole, the reports said. Drug treatment as an alternative to
prison gained ground in six states--Arkansas, Arizona, California,
Idaho, Oregon and Texas.

And for several reasons, including a shrinking number of inmates, at
least 10 states are looking at closing prisons or cutting back on
expansions or programs.

The new trend contrasts sharply with the get-tough approach of the
1980s and '90s, when mandatory sentences removed discretion from
judges and parole boards.

Now the overall crime rate has fallen for nine consecutive years, with
the murder rate at its lowest point in 35 years, according to the
latest Justice Department report in October.

The decline "is starting to finally sink in on people," said Marc
Mauer, assistant director of The Sentencing Project and author of its
study.

"It's changed the whole emotional, political discussion about crime,"
he said.

The cost of get-tough policies is also inspiring some re-examination,
especially now that state budgets are strained, the reports conclude.

"When you're fat and happy, you don't have to really look at policy
choices with such a discerning eye," said Vincent Schiraldi, president
of the Justice Policy Institute and author of its report.

Their conclusions, however, found little support with Mike Fasano, a
Florida state representative who led the way last week to try to
reinstate Florida's "three strikes, you're out" law, dismissed on a
technicality by an appeals judge.

"The reason why crime is down here in this state, it's because of the
tough stance [we've] taken against criminals," Fasano said. "Not only
here in the state of Florida, but throughout the nation. And we should
not go backwards."

In Washington state, the head of the prison system said he sees
policymakers reassessing tough penalties against drug users, but not
considering steps to ease up on violent criminals.

"There is a national move to re-examine the efficacy of our past
policies," Joe Lehman said.

He is pushing a measure that would shorten time for drug offenses
while beefing up treatment opportunities.