It’s the current economic situation that forces us to engage in a true re-thinking of our criminal justice system, rather that a concern for human rights. Regardless, it’s time to replace our “tough on crime” stance with a new one which is “smart on crime.” We need to think about how to reform the criminal justice system in California so that it does more and costs less.
There’s no question about what needs to be done. The “Little Hoover Commission” – a non-partisan state oversight agency of people appointed by the Governor and legislative leaders – conducted an exhaustive review of the California prison system and reported over two years ago that “California’s prisons are out of space and running out of time.” Among their top recommendations were to establish a sentencing commission. The American Law Institute which drafts model criminal laws that are frequently used as the basis for states’ law is developing new sentencing provisions and recommends establishing permanent state sentencing commissions.
This is not a novel approach: sentencing commissions exist in more than 20 states. Their goal is to reduce prison population growth, provide rationale to support effective and evidence-based programs and to tie policies to financial analysis. Speaker of the Assembly Karen Bass has proposed legislation declaring the intent of the Legislature to crease such a commission as “an independent multijurisdictional body to, among other things, develop sentencing guidelines and provide a nonpartisan forum for sentencing policy development.” This is an important first step, but the California Legislature should next create the commission – not to merely express its intent.
We should support the development of a Sentencing Commission if we don't want to spend another $8 billion on prisoner healthcare; if we want to stop locking up marijuana user with members of the Mexican Mafia; if we think California would be better served by funding drug treatment facilities with social workers who earn $45,000 a year, instead of funding giant prison facilities with correctional officers who earn $90,000 a year; and if we think California should spend more educating than imprisoning our fellow citizens.
We need to stop the rhetoric that has created a steady increase of offenses and prison terms, and choose instead – through the creation of a Sentencing Commission – to be "smart on crime."
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