Imagine you own a business. Nobody is buying your product and you’re losing money. Despite this, you decide to double down and scale up production. This goes on year after year, and you’re digging an ever-deeper hole. Your stubborn commitment to something that isn’t working is driving your company into the ground.

Who would run a business this way?

The answer is no one. Yet that’s how we’ve been running America’s criminal justice system for more than 30 years. Starting in the 1980s, our country became obsessed with being “tough on crime.” We passed laws that put more people in prison for longer periods of time. The thinking was it would keep bad guys off the streets and scare other potential bad guys straight. With fewer bad guys, crime would go down and our communities would be safer.

Pretty simple, right?

Unfortunately, that’s not what happened. Sure, more people went to prison, but crime didn’t go down. In fact, in many places it actually went up. So the whole justification for being “tough on crime” wasn’t panning out. But wait, there’s more. In addition to not making us safer, there was another unintended consequence of being “tough on crime” — it was really expensive. At all levels of government, budgets were bursting from the costs associated with mass incarceration. Worst of all, instead of admitting our mistake and changing course, we just kept throwing good money at a bad solution.

Amazingly, however, the worm is turning. We are beginning to realize being “smart on crime” works better than being “tough on crime.” North Dakota has made some efforts to address its growing prison population in recent years, passing reforms in 2017 and taking steps to reduce penalties for marijuana possession in 2019. And those are important first steps. But there’s more to be done.

The ACLU of North Dakota recently released its Blueprint for Smart Justice, a report that outlines the causes of mass incarceration in our state and makes a strong case for a forward-thinking reform agenda that, if implemented, would reduce our prison population by 50 percent and save $125 million by 2025.

Now at first blush, this seems bold, but really it’s rooted in three common-sense reforms:

  1. Send fewer people to prison. This means decriminalizing certain low-level crimes and sending people to treatment and behavioral health facilities when possible.
     
  2. Get people out of prison faster if they deserve it. This means getting rid of mandatory sentencing laws and creating ways for people to earn time off their sentence.
     
  3. Keep people from going back to prison once they’re out. This means supporting people who are reentering society and reducing the number of people who get sent back to prison for technical probation violations.

I encourage you to check out the full report at www.aclund.org/blueprint. Ultimately, it’s a starting point. We want to work with people across the state — and across the political spectrum — to make North Dakota a safer place to live. We think the reforms in our report do that, and we want to make them a reality.

Our work is guided by a single, overarching mantra — to get better results while also saving money. That’s something we hope all North Dakotans can get behind.

A version of this column also appeared in The Forum of Fargo-Moorhead.

 

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Tuesday, August 20, 2019 - 12:15pm

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Today, more than 2.2 million people are in American jails and prisons. Nearly 4.7 million people are on probation or parole. And nearly 70 million people are living with a criminal record.

If you think those numbers are staggering, you’re right.

Instead of strengthening and expanding mental health and substance abuse treatment programs and tackling failing systems like education, housing, and unemployment, for too long, politicians have pushed tough-on-crime policies that have led us to a mass incarceration crisis.

Our criminal justice policies have created a system of mass incarceration that hurts our communities and has disproportionate impacts on low-income families and communities of color. Too many of our neighbors who commit nonviolent offenses are ensnared in a prison system that is severely overcrowded. Existing tough-on-crime policies, particularly around punitive drug policies, have failed to achieve public safety while putting an unprecedented number of people behind bars and eroding constitutional rights. This system also erodes economic opportunity, family stability, and civic engagement during incarceration and sometimes creating life-long challenges upon release.

It’s time for a change. It’s time for smart justice.

Smart justice is a way of addressing criminal justice issues that solves the problems of crime rather than simply punishing people. Smart justice addresses the profound connections of crime to mental health, addiction, employment, education, and housing. Smart justice doesn’t spend money on ineffective responses to crime. Instead, it clears clogged courtrooms and overcrowded jails and prisons, empowers communities while keeping them safe, and actually improves safety through approaches proven to reduce crime/recidivism and to help people lead law-abiding lives.

 

Reduce incarceration

  • Imprisonment is a brutal and costly response to crime that traumatizes incarcerated people and hurts families and communities. It should be the last option, not the first. Public safety is best served by focusing on solving the problems that lead to crime rather than maximizing sentences after crimes have already occurred.

Expand the use of alternatives to prison

  • We believe in expanding the use of treatment and diversion programs whenever possible. By targeting the underlying problems that lead to crime in the first place, effective diversion programs can make our justice system fairer and South Dakota safer.

Work to end tough-on-crime approaches to drug users struggling with addiction

  • Though drug use is undoubtedly a serious issue, assigning years in prison to those who have a drug present in their system is disproportionate and causes more harm than good to individuals struggling with addiction, their families, and their communities. In 2018, the South Dakota Legislative Research Council estimated that reclassifying ingestion from a felony to a misdemeanor would decrease jail costs by more than $1 million a year and prison costs by more than $5.1 million a year. Over 10 years, that would result in more than $61 million in decreased state and county costs.

Eliminate racial disparities in the criminal justice system

  • People of color in South Dakota are disproportionately overrepresented in the criminal justice system. Though Native Americans make up 9 percent of the state’s population, they make up 33 percent of the prison population. Similarly, though just 2 percent of South Dakotans are black or African American, they make up more than 7 percent of the prison population.

 

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Monday, August 12, 2019 - 2:30pm

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