Overcriminalization is not Conservative: Why Republican Senators Should Support S. 2123

 

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S. 2123, the Sentencing Reform and Corrections Act (SRCA), is inherently conservative because it benefits Americans while significantly reducing federal spending. The current changes to SRCA examined in the Senate aim to address the concerns of some legislators while keeping the substantive reforms to the nation’s broken justice system. If nothing is done, the price of maintaining a sufficient justice system will become far too costly.

Senate support originates from the SRCA sponsor, Judiciary Chairman Chuck Grassley (R-Iowa), and it is cosponsored by notable senators such as John Cornyn (R-TX), Mike Lee (R-UT), Lindsey Graham (R-SC), Rand Paul (R-KY).

SRCA is not a revolutionary new approach to the justice system but rather a measured application of years of reform experience onto the federal prison system. Thanks to months of education and study, conservative stalwarts like Senators Grassley and Lee lead efforts to push the issue. This is a major development after the demagoguery and falsehoods peddled by actors who neglect to offer their own proposals.

The new changes would remove any possibility that serious violent criminals will see any sentencing relief.

Costs

The criminal justice system in its current state is extremely costly to the United States budget. According to the Justice Department’s Inspector General, the Bureau of Prison’s budget for Fiscal Year (FY) 2015 totaled $6.9 billion and represented 25 percent of the DOJ’s discretionary budget.

Comparatively, the BOP’s FY 2000 budget is only $3.8 billion and 18 percent of the DOJ’s discretionary budget. This doubled monetary increase damages the DOJ by preventing it from participating in other critical law enforcement programs.

Plans like SRCA prove to reduce costs as seen in states like Texas. When Texas spent $240 million up front in 2007, they closed 3 prisons and saved an estimated $3 billion with reforms that lowered the prison population while increasing public safety. With this overhaul, Texas lowered its prison population by more than 20%. Also, Texas crime plummeted to its lowest levels since 1968.

Impacts

By proposing a comprehensive plan, SRCA will have a significant impact on improving the justice community and will benefit all Americans. It provides for common-sense reform to prevent cruel and unusual punishment, decrease recidivism rates, and enhance public safety.

Today’s federal system spends significant amounts to imprison non-violent and low-level offenders rather than leaders of organized crime. According to an October 2011 U.S. Sentencing Commission Report to Congress, only 11 percent of those sentenced for drug offenses were “high-level suppliers or importers.” Only 7.1 percent were “organizers, leaders, or manufacturers.” However, 58.6 percent of those sentenced for drug offences were street-level dealers or below, and 27.8 percent were “couriers” or “mules.” These numbers depict the failure of the current system to target high-profile criminals it intended to incarcerate.

Recidivism rates in the U.S. are also daunting. 95 percent of federal prisoners will eventually  be released into the general public, but most of them lack  the tools to become rehabilitated members of society. SRCA creates a Recidivism Risk Assessment to determine risk levels for prisoners. Those with lower risk would receive credits to reduce their sentences by completing training programs proven to work in states like Texas.

Working to decrease recidivism enhances public safety. Prisoners return to the community with rehabilitation training and skills to help them contribute to society.  These are not “weak provisions;” they are smarter provisions that increase safety and decrease taxpayer costs.If anything, training requirements mean we are getting tougher, not softer on crime.

Consequences of Doing Nothing

As costs continue to increase exponentially in the federal prison system, less funds are available to assist other programs in DOJ. This increases the national debt and demands higher taxes to provide the average $30,000 per prisoner per year (with more than 215,000 people in federal prison during 2014). Prisoners lacking skills continue to be released into the community each year. Without any formal assistance to gain necessary capabilities to contribute to the community, these ex-prisoners return to prison due to lack of employability.

The vicious cycle of mass incarceration must end, and the conservative proposals within SRCA provide the most effective long-term solutions. These resolutions increase domestic security, decrease costs, and prevent crimes that are being unfairly punished-an inherently “conservative” ideal. I urge the Senate, especially conservatives, to support S.B. 2123 to reform the dysfunctional justice system.

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One thought on “Overcriminalization is not Conservative: Why Republican Senators Should Support S. 2123

  1. A better option would be to keep the sentencing the same or make it stronger and then put the cons to work. Their labor could be leased out to various organizations to defray the costs of their upkeep.

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