ACLU Report Finds Recent Reforms in “Tough on Crime” States Key To Promoting Public Safety and Fairness

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HOUSTON – Bipartisan reforms in historically “tough on crime” states, including Texas, have significantly reduced incarceration rates, saved taxpayers billions of dollars, reduced crime rates and should be emulated nationwide, according to a new report released today by the American Civil Liberties Union. 

The report, “Smart Reform is Possible: States Reducing Incarceration Rates and Costs While Protecting Communities,” underscores the need for states to enact cost-effective and evidence-based policies that save states money and combat the nation’s addiction to incarceration. The nation’s pre-trial, sentencing and parole systems have made the U.S. the largest incarcerator in the world, with communities of color being hit the hardest. One in 99 adults is living behind bars in the United States, and though whites commit crimes at comparable rates and make up a majority of the country’s population, 60 percent of prison  inmates are people of color.

“I am proud that Texas has made great strides in strengthening alternatives to incarceration for non-violent offenders,” said Terri Burke, Executive Director of the ACLU of Texas. “It makes sense from a public health and safety standpoint, while saving Texas millions of dollars.  I applaud our legislators for their progress and also hope that these exemplary reforms will act as momentum for future reforms.”

The ACLU’s report highlights six states – Texas, Mississippi, Kansas, South Carolina, Kentucky and Ohio – that have passed significant bipartisan reforms that promote alternatives to incarceration. It documents ongoing reform efforts in four more states – California, Louisiana, Maryland, and Indiana. The report also identifies national criminal justice trends and offers selected recommended reforms that lawmakers can enact to reduce states’ incarceration rates and corrections budgets while keeping communities safe. The recommendations include reducing reliance on pre-trial detention, reducing penalties for drug offenses and eliminating mandatory minimum sentences. 

"The ACLU has been joined in recent years by legislators and advocates from across the political spectrum in recognizing that mass incarceration is not necessary to protect public safety," says Vanita Gupta, deputy legal director of the ACLU. "These recent reforms in traditionally 'tough on crime' states demonstrate that there are ways to create more rational and effective criminal justice systems that better protect our communities."

“These reforms have always made economic sense. The costs of using incarceration as an option of first - rather than last - resort far outweighs any benefit to public safety,” said Inimai Chettiar, advocacy and policy counsel for the ACLU. “In the face of mounting budget shortfalls, some of our lawmakers are creating more cost-effective criminal justice regimes that still protect public safety. The rest of the country should follow suit.”

In Texas, legislation over the last decade has mandated probation rather than prison time for low-level possession of many drugs, invested in drug treatment programs for people on parole or probation and created non-prison sanctions for individuals committing technical parole violations that are not new crimes. The result has been a drop in the state’s crime rate to a level not seen since 1973, an incarceration rate that has stabilized since 2007 and a savings of more than $2 billion.

A copy of today’s report is available online at:

http://www.aclu.org/criminal-law-reform/smart-reform-possible-states-reducing-incarceration-rates-and-costs-while

Additional information about the ACLU’s work to combat mass incarceration can be found at: www.aclu.org/safe-communities-fair-sentences-0