TNC
03-14-2005, 09:27 AM
The 2005 Idaho Legislature is faced with finding a solution for the overcrowding in Idaho's prison system. The discussions are focused on either sending inmates out of state or building costly new prisons. Neither of these solutions is financially sound.
There is another immediate solution to the problem — the parole of some of the parole-eligible inmates.
Of Idaho's 6,300-plus inmates, over half are eligible to be paroled. These 3,000-plus inmates have served the fixed (determinate) portion of their sentence. Over 50 percent of the male inmates and over 70 percent of the female inmates are classified as "minimum" or "community" custody, indicating that they pose little threat to the community when released.
At a cost of over $20,000 each annually to incarcerate parole-eligible inmates, compared with about $3,000 each annually for parole-supervision costs, the savings to Idaho's taxpayers are significant. The savings of parole supervision costs over the cost of incarceration would finance the expense for the additional parole officers needed to supervise the increased caseload of parolees. The savings realized by paroling four inmates would pay the expense of a parole officer who could supervise 70-80 parolees.
The Unified Sentencing Act of 1986 established a "fixed" (minimum) term of confinement, followed by an indeterminate period which is for "parole and rehabilitative purposes." The fixed portion of a sentence must be served before an inmate is eligible for parole. The inmate is then eligible for parole at any time during the indeterminate portion of the sentence.
The Idaho Supreme Court and Idaho Court of Appeals have consistently ruled that the "fixed" term of confinement is the "probable" term of confinement. Yet almost no inmates have been released promptly on their parole-eligibility date since the implementation of the Unified Sentencing Act nearly 20 years ago.
Idaho Department of Correction Director Tom Beauclair has stated, quite correctly, that the department has no control over how many inmates enter the prison system (the courts do the sentencing) or how many leave the system (the Idaho Commission of Pardons and Parole determine who is released on parole). The department must manage the growing inmate population with existing resources and its annual legislative appropriations. This is growing increasingly difficult because of the spiraling prison population.
There are currently 159 inmates housed at the Idaho State Correctional Institution who must be relocated in the very near future — by court order. There is no room for them at other department institutions, which are at or over capacity, nor is there room at the county jails that normally house the department's inmate overflow.
When faced with a prison emergency such as Idaho is now facing, other states have released those nonviolent inmates who have completed at least 85 percent of their total (fixed plus indeterminate) sentence. This has been accomplished without compromising the safety of the community. Idaho needs to take a hard look at this option as another possible immediate solution to our current prison crisis.
Another option — although more long-term — is to review the records of all inmates who have forfeited time served on parole since 1998. Many of them could be released if they were given credit for some or all of their time served on parole.
We urge you to contact your state senator and representatives and encourage them to explore the options mentioned above, rather than to pursue the more expensive options.
Kelly Winberg Ralls is with Friends and Families of Idaho Inmates, Inc.
There is another immediate solution to the problem — the parole of some of the parole-eligible inmates.
Of Idaho's 6,300-plus inmates, over half are eligible to be paroled. These 3,000-plus inmates have served the fixed (determinate) portion of their sentence. Over 50 percent of the male inmates and over 70 percent of the female inmates are classified as "minimum" or "community" custody, indicating that they pose little threat to the community when released.
At a cost of over $20,000 each annually to incarcerate parole-eligible inmates, compared with about $3,000 each annually for parole-supervision costs, the savings to Idaho's taxpayers are significant. The savings of parole supervision costs over the cost of incarceration would finance the expense for the additional parole officers needed to supervise the increased caseload of parolees. The savings realized by paroling four inmates would pay the expense of a parole officer who could supervise 70-80 parolees.
The Unified Sentencing Act of 1986 established a "fixed" (minimum) term of confinement, followed by an indeterminate period which is for "parole and rehabilitative purposes." The fixed portion of a sentence must be served before an inmate is eligible for parole. The inmate is then eligible for parole at any time during the indeterminate portion of the sentence.
The Idaho Supreme Court and Idaho Court of Appeals have consistently ruled that the "fixed" term of confinement is the "probable" term of confinement. Yet almost no inmates have been released promptly on their parole-eligibility date since the implementation of the Unified Sentencing Act nearly 20 years ago.
Idaho Department of Correction Director Tom Beauclair has stated, quite correctly, that the department has no control over how many inmates enter the prison system (the courts do the sentencing) or how many leave the system (the Idaho Commission of Pardons and Parole determine who is released on parole). The department must manage the growing inmate population with existing resources and its annual legislative appropriations. This is growing increasingly difficult because of the spiraling prison population.
There are currently 159 inmates housed at the Idaho State Correctional Institution who must be relocated in the very near future — by court order. There is no room for them at other department institutions, which are at or over capacity, nor is there room at the county jails that normally house the department's inmate overflow.
When faced with a prison emergency such as Idaho is now facing, other states have released those nonviolent inmates who have completed at least 85 percent of their total (fixed plus indeterminate) sentence. This has been accomplished without compromising the safety of the community. Idaho needs to take a hard look at this option as another possible immediate solution to our current prison crisis.
Another option — although more long-term — is to review the records of all inmates who have forfeited time served on parole since 1998. Many of them could be released if they were given credit for some or all of their time served on parole.
We urge you to contact your state senator and representatives and encourage them to explore the options mentioned above, rather than to pursue the more expensive options.
Kelly Winberg Ralls is with Friends and Families of Idaho Inmates, Inc.