Texas should consider four basic kinds of reforms to deal with
increasing rates of incarceration.
- Decriminalize certain activities and reclassify certain
low-level felonies. The increased use of prison — and
longer prison sentences — to punish crimes such as the possession
of certain drugs, like marijuana, has contributed heavily to the
growth in mass incarceration. Lawmakers should look to reduce or
eliminate criminal penalties for such crimes when doing so would
not affect public safety.
- Expand the use of alternatives to prison for
non-violent crimes and divert people with mental health or
substance abuse issues away from the criminal justice system
altogether. Policymakers should assess the range of
sentencing alternatives available in their state, such as drug and
mental health courts and related treatment, community correction
centers, community service, sex offender treatment, and fines and
victim restitution. Whenever possible, people whose crimes stem
from addiction or mental illness should be diverted into treatment
programs rather than sent to prison. New York State adopted this
approach as part of its successful corrections reforms
- Reduce the length of prison terms and parole/probation
periods. Policymakers should reform unnecessarily harsh
sentencing policies, including “truth-in-sentencing” requirements
and mandatory minimum sentences, and allow inmates to reduce their
sentences through good time or earned time policies. States also
should expand programs that enable inmates meeting certain
requirements to receive favorable decisions in parole hearings,
especially in states where parole grant rates remain low.
- Restrict the use of prison for technical violations of
parole/probation. The share of individuals entering prison
due to a parole violation grew rapidly between the late 1970s and
the late 2000s. While it has fallen more recently, parole
revocations accounted for more than a quarter of admissions to
state prisons in 2013. Some of these violations are technical, such
as missing a meeting with a probation officer or failing a drug
test. States should heavily restrict the use of prison for
technical parole violators and implement graduated sanctions for
more serious parole violations.
Texas can also adopt more effective probation policies. For
example, Hawaii has sharply reduced probation revocations with a
program that punishes infractions more quickly and with more
certainty, but with much shorter periods of incarceration.
These reforms are complementary; adopting just one or two won’t
shrink a state’s prison population as much as a more comprehensive
set of reforms that improves “front-end” sentencing and admission
policies as well as “back-end” release and re-entry policies.