Ask the judge

• The U.S. incarcerates more people than any country on earth.

•  Six times more incarcerated than most countries.

• We have had a 500 percent increase in the incarceration rate in the last 30 years.

• We have 5 percent of the world’s population and 25 percent on the world’s incarcerated.

• About 49 percent of the incarcerated are there for drug offenses.

• Jail and prison costs an average of more than $26,000 per year.

 I have two competing interests in this discussion. First, I am a rule of law-hold people accountable kind of guy. I am also a fiscal conservative kind of guy who is very disturbed about our national debt (which I think is the biggest single crisis facing our country). To balance these sides, I understand government is necessary for certain functions, and public safety is near the top of that list.

However, we need to reevaluate where we are going with our criminal justice system. Consider this: The Pew Center on the States has determined state and federal spending on corrections has gone from $12 billion to $60 billion in the last 20 years. One-in-eight state employees today work in corrections. One of every 100 Americans is in jail or prison today. One in every 33 Americans is on probation or parole today.

There are cost-effective solutions to these problems. I am a believer in not reinventing the wheel. While researching this conundrum, I came across an organization called “Right on Crime” which is supported by such notables as Chuck Colson (prison fellowship), Jeb Bush (former Florida governor), William J. Bennett (former Secretary of Education and former “Drug Czar”) and Tony Perkins (Family Research Council). Right on Crime has numerous success stories, balancing accountability with fiscal realities.

The latest success is Proposition 47, passed by California voters Nov. 7, 2014. Proposition 47 reduces the penalty to a misdemeanor for several nonviolent offenses previously sentenced as felonies, including simple drug possession, shoplifting, forgery and check fraud if under $950.  This proposal is expected to save in the “low hundreds of millions” each year and emphasizes probation, restitution and jobs instead of incarceration.

Texas has been a leader in prison reform. In 2007, Texas projected a need for 17,332 new prison beds at a cost of $65,000 per bed, costing a cool $1.13 billion to build and another $1.5 billion to operate over a five-year period. Instead, they budgeted $241 million for residential and nonresidential treatment programs for nonviolent offenders and more in prison treatment programs.

Crime rates for serious property, violent and sex crimes in Texas has dropped 12.8 percent during that time period. Overall, arrest rates are down, and incarceration rates are down. Significantly, the yearly cost of prison in Texas is $18,500 versus the yearly cost of what they call “high range” drug programs at $4,000, thus moving nonviolent offenders out of prison and into stringent treatment programs saves big dollars.

Montana has similar programs, including intensive supervision (ISP) and numerous drug treatment courts, and does a pretty good job with probation and parole generally. However, these programs could be expanded, using savings from having less people incarcerated, for nonviolent offenses.

In summary, effective probation for nonviolent offenders, with emphasis on restitution, work, treatment and being crime free is beneficial to society (who will benefit fiscally and arguably by less crime), the family (who will benefit from having the offender working and home), the victim (who will benefit from receiving restitution) and the offender (who will benefit from being out of prison and being a productive member of society).

I recognize this approach may sound “too good to be true.” I would encourage you to check out the Texas Public Policy Foundation or www.rightoncrime.com to read more about exciting progress being made across our great nation on this issue.

Judge Russell Fagg has been a state district judge for just over 20 years and has presided over about 25,000 cases. He is the past president of the Montana Judges Association.

After last month’s look at our criminal justice system, one of my best friends asked, with some exasperation is his voice, “So, what can we do about it!?”  To recap last month’s article:

• The U.S. incarcerates more people than any country on earth.

•  Six times more incarcerated than most countries.

• We have had a 500 percent increase in the incarceration rate in the last 30 years.

• We have 5 percent of the world’s population and 25 percent on the world’s incarcerated.

• About 49 percent of the incarcerated are there for drug offenses.

• Jail and prison costs an average of more than $26,000 per year.

 I have two competing interests in this discussion. First, I am a rule of law-hold people accountable kind of guy. I am also a fiscal conservative kind of guy who is very disturbed about our national debt (which I think is the biggest single crisis facing our country). To balance these sides, I understand government is necessary for certain functions, and public safety is near the top of that list.

However, we need to reevaluate where we are going with our criminal justice system. Consider this: The Pew Center on the States has determined state and federal spending on corrections has gone from $12 billion to $60 billion in the last 20 years. One-in-eight state employees today work in corrections. One of every 100 Americans is in jail or prison today. One in every 33 Americans is on probation or parole today.

There are cost-effective solutions to these problems. I am a believer in not reinventing the wheel. While researching this conundrum, I came across an organization called “Right on Crime” which is supported by such notables as Chuck Colson (prison fellowship), Jeb Bush (former Florida governor), William J. Bennett (former Secretary of Education and former “Drug Czar”) and Tony Perkins (Family Research Council). Right on Crime has numerous success stories, balancing accountability with fiscal realities.

The latest success is Proposition 47, passed by California voters Nov. 7, 2014. Proposition 47 reduces the penalty to a misdemeanor for several nonviolent offenses previously sentenced as felonies, including simple drug possession, shoplifting, forgery and check fraud if under $950.  This proposal is expected to save in the “low hundreds of millions” each year and emphasizes probation, restitution and jobs instead of incarceration.

Texas has been a leader in prison reform. In 2007, Texas projected a need for 17,332 new prison beds at a cost of $65,000 per bed, costing a cool $1.13 billion to build and another $1.5 billion to operate over a five-year period. Instead, they budgeted $241 million for residential and nonresidential treatment programs for nonviolent offenders and more in prison treatment programs.

Crime rates for serious property, violent and sex crimes in Texas has dropped 12.8 percent during that time period. Overall, arrest rates are down, and incarceration rates are down. Significantly, the yearly cost of prison in Texas is $18,500 versus the yearly cost of what they call “high range” drug programs at $4,000, thus moving nonviolent offenders out of prison and into stringent treatment programs saves big dollars.

Montana has similar programs, including intensive supervision (ISP) and numerous drug treatment courts, and does a pretty good job with probation and parole generally. However, these programs could be expanded, using savings from having less people incarcerated, for nonviolent offenses.

In summary, effective probation for nonviolent offenders, with emphasis on restitution, work, treatment and being crime free is beneficial to society (who will benefit fiscally and arguably by less crime), the family (who will benefit from having the offender working and home), the victim (who will benefit from receiving restitution) and the offender (who will benefit from being out of prison and being a productive member of society).

I recognize this approach may sound “too good to be true.” I would encourage you to check out the Texas Public Policy Foundation or www.rightoncrime.com to read more about exciting progress being made across our great nation on this issue.

Judge Russell Fagg has been a state district judge for just over 20 years and has presided over about 25,000 cases. He is the past president of the Montana Judges Association.