Urban Institute Report Backs Sweeping Reform of Federal Incarceration

by Derek Gilna

A new report published by the non-partisan Urban Institute calls for “sweeping reform” of the overcrowded and costly federal prison system. The document combines previously-reported data regarding prison overcrowding and skyrocketing prison budgets to support its premise that both “front-end” and “back-end” reforms are necessary to restore the federal justice system.

The report has its supporters on Capitol Hill; among them Senator Sheldon Whitehouse, chairman of the Senate Crime and Terrorism Subcommittee, the committee where most bills concerning prison reform are referred after they are proposed by lawmakers in the Senate. As usual, the Senator focused on the financial burden to the rest of the federal justice system, rather than the human costs of mass incarceration, but it’s a start. Whitehouse stated:

“Sky-high prison costs are a major burden on our federal budget and threaten other law-enforcement priorities. This new report…raises a number of important questions and will be a helpful resource as the Senate considers legislation to reduce prison costs while improving public safety.”

Congressman Frank Wolf, chairman of the House Commerce-Justice-Science Appropriations Subcommittee, agreed:

“States across the country have adopted reforms that have reduced recidivism and cut costs. It’s long past time for the federal government to learn from successful state reforms and apply them to the federal system.”

Although state prison populations have steadily dropped in the last ten years along with the overall crime rate, the Bureau of Prisons (BOP) population has increased from 25,000 in 1980 to almost 220,000. Since the average cost per prisoner is now $29,000, this has steadily increased the BOP’s budget to a point where it gobbles up resources from other law enforcement agencies. Federal prosecutor positions have remained unfilled and public defenders have been furloughed to help make up for this budget shortfall.

On the “front-end,” the study suggests that: the number of non-violent drug offenders be reduced by up to 20%; mandatory minimum sentences be cut in half; “safety valve” sentencing be expanded; judges be given more sentencing discretion; and lower “truth-in-sentencing” requirements be put into effect.

On the “back-end,” the study called for: an immediate increase of good-time credits; opportunities to receive earned-time credits for participating in intensive recidivism reduction programs; an increase in credits for participating in educational programs; incentives for drug-treatment candidates; an increase in compassionate release and elderly release programs; and an increase in the number of international transfers, allowing offenders to serve their sentences in their home countries. This last category is significant, considering the number of detainees from Latin American countries serving time for non-violent immigration violations and minor drug crimes.

The report also focused on the cost of overcrowding on both prisoner welfare and staff safety. The BOP is currently at 150% of capacity, which puts a strain not only on staff, but also on resources allocated to reentry programs designed to reduce recidivism, and eventually reduce financial outlays.

Although not the first report to pull the veil of secrecy off of BOP operations, it is one of the first to cogently organize data, showing ways to curb federal prison costs without compromising public safety. Unfortunately, the prison employee unions, and others with vested interests in supplying this bloated infrastructure, will object to anything that appears to be “soft on crime.” But, help in reforming BOP may actually come from other federal agencies, like the FBI and ATF, who will no longer tolerate the BOP taking away some of their budget money. This factor, along with Congress’ heightened awareness of BOP wastefulness and inefficient practices, may very well be the tipping point for change.

Source: “Bending the Curve on Costly, Overcrowded Federal Prisons will Require Sweeping Reforms,” www.urban.org, (November 2013)