Prison reform has been in the news (and on the legislative agenda) in Arizona and elsewhere for years. For some, the impetus for incarceration is simply to get criminals off the street for as long as possible. This assume, of course, that the potential penalties have some effect on the crime rate, More recent focus has been on the length of incarceration, and (a) how stricter punishment – longer sentences – may affect crime; and (b) whether alternative sentencing such as home confinement might affect the overall crime rate.
We should add that there is another factor involved in the discussion of harsher or more lenient sentences, and that is the cost of maintaining prisons. First, at any given time, we can expect that 2,000,000 people in United States will be behind bars. And with an incarceration rate of 710 per 100,000 people, Arizona locks up more people on a percentage basis than any democratic country in the world. According to one study, this led to a cost last year of more than $40,000 for each incarcerated person. In recent years, this has amounted to more than $1 billion annually.
These and related issues have sparked a debate in the Arizona legislature that has been going on for several years. And it appears that the debate will continue as we enter 2025. The essence of the discussions revolves around the issue of whether harsher sentences result in a lower crime rate. And since harsher sentences translate into more prisoners, there is a corresponding rise in the cost of incarceration. But it is slowly becoming more widely accepted that longer sentences and harsher treatment of prisoners do not translate into increased public safety.
One proposal that stalled in the legislature last year focused on issues such as early release into home confinement for some low-level offenders, as well as reforms at the Department of Corrections and the Board of Executive Clemency. While the changes being discussed might lead to a short-term rise in costs, they would lead to savings of as much as $90 million per year within five years. We are hopeful that the legislature will finally act on one or more of these proposals this year.
Law Offices of David A. Black
40 North Central Avenue #1850
Phoenix, AZ 85004
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