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Mass incarceration doesn't work

Roanoke Times - 3/7/2017

America relies heavily on incarceration as a means for how to deal with people who have broken the law. According to the Center for Social Development, this country incarcerates more people than anywhere else in the world with 2.3 million people in jails and prisons on any given day.

Racial, economic and behavioral factors disproportionately affect incarceration rates. African-Americans make up only 13 percent of the general population yet they comprise 40 percent of prisoners. Nearly 65 percent of prisoners meet the criteria for a substance use disorder and at least 14 percent of prisoners have mental health disorders.

This system of mass incarceration is not only flawed but also ineffective with nearly 77 percent of prisoners becoming reincarcerated within five years of release.

Policy has played a key role in the incarceration explosion. The largest crime bill in the nation's history, The Violent Crime Control and Law Enforcement Act of 1994, introduced Truth-In-Sentencing laws that require prisoners to serve 85 percent of their sentence regardless of good behavior or other mitigating circumstances. Mandatory minimum laws impose harsher sentences on certain drug offenses and "Three Strikes" laws require extended prison sentences, often life, for people with multiple felony convictions.

Virginia is no stranger to this incarceration insanity. The Justice Policy Institute states, Virginia ranks low nationally in crime but high in incarceration. Virginia has the eighth highest jail incarceration rate and 13th highest prison incarceration rate in the United States.

In Virginia, African-Americans are more likely to be arrested, convicted and given longer sentences. For every Caucasian person incarcerated in Virginia, there are six African-Americans. Inmates in Virginia are also under-educated; more than three quarters have a high school or less education.

Mass incarceration is expensive, ineffective and inequitable. Due to the detrimental effects that mass incarceration has, it is time that we start promoting smart decarceration policies. Smart decarceration involves three main strategies: reducing the incarcerated population, readdressing the existing social disparities and maximizing public safety and well-being.

The Center for Social Development states, smart decarceration would require changes in all areas of the criminal justice system. Law enforcement, court systems, prisons and jails and community supervision would need reform. Legislation and policy that promote incarceration would need to be altered or abolished. The privatization of prisons should end and reductions in prison expenditures that require reducing populations should be adopted.

We need to pay attention to the factors that cause the over incarceration of certain populations and make a commitment to amend them. We also need to listen to and implement people who have been incarcerated into the decarceration process because they know what the population needs and are essential in constructing effective solutions.

A big component of decarceration is having efficient community supports in place when cutting incarceration rates. It is vital to develop responses to crime that benefit all members of society. We need to promote health, housing, education, employment and civic opportunities to help offenders become functioning members of society and reduce the rates of recidivism.

In Virginia, decarceration efforts have been slow. According to the Justice Policy Institute, Virginia eliminated parole in 1995 and instituted Truth-In-Sentencing laws. These laws need to be repealed and parole reinstated because they have been found to be costly, unfair and arbitrary.

Virginia also has tough criminal codes for convicted criminals that hinder them in becoming a part of the community after release and makes re-entry much more difficult. Virginia's Governor, Terry McAuliffe, has been trying to address this issue. In April of 2016 he issued an order that restored civil rights to convicted felons who had completed their sentence and any parole/probation requirements. This issue was struck down by the Virginia Supreme Court because it did not take into regard the nature of the crime that the person committed. Therefore, McAuliffe began individually reviewing cases and restoring rights to non-violent felons who met the criteria. This is important because when offenders become part of their community they feel connected and that increases their social capital, and encourages lawful behavior.

If we continue to incarcerate at the rate we are now, we will see an era where there are more people behind bars than are free. The social view of punishment needs to shift and the entire criminal justice system needs reformed. To create a better future, advocates need to stand up and call attention to the flaws of mass incarceration and the advantages of smart decarceration.

Morgan lives in Christiansburg and is a student at the University of Southern California getting her Master's in Social Work. She is employed with New River Valley Community Services as a direct care provider in a crisis center.