Texas must be leader in criminal justice

Society can benefit from helping offenders reform lives, ending use of private prisons, halting failed war on drugs

Twenty-three years ago I was arrested for attempted forcible entry after jumping a fence at the University of Texas at El Paso. I spent a night in the El Paso County Jail, was able to make bail the next day, and was released. Three years later, I was arrested for drunk driving — a far more serious mistake for which there is no excuse.

But those mistakes did not ultimately define me or stop me from what I wanted to do in my life or how I wanted to contribute to the success of my family and my community — as a father, small business owner, city council member, and congressman. The chance that I had, and which I have made the most of, is denied to too many of our fellow Texans, particularly those who don’t look like me or have access to the same opportunities that I did.

On Wednesday, I toured the Harris County Jail with Sheriff Ed Gonzalez and met men from this community who have made a mistake from which they may or may not recover. Men who don’t have the resources to post bail. Some of whom got arrested on purpose to get the treatment and care they need, care they won’t be able to afford or access on the outside. In fact, the Harris County Jail is the largest provider of mental health services in our state, a state that is the least insured in the nation.

But beyond those who need health care, there are many more languishing behind bars for nonviolent crimes — 60 percent yet to even be convicted. Unable to work, to pay taxes, to raise their kids, to contribute to our society, to realize their full potential. And it’s happening at the average cost of $87 per person, per day, and more than $400 per person, per day for prisoners requiring medication or medical treatment. That tab is ultimately picked up by the taxpayers of Harris County.

Following my visit, I am more convinced than ever that Texas can and must take the lead in building a criminal justice system that is more fair and that urgently puts our country closer to the words written above the highest court in our land: equal justice under law. This is how I propose we do it.

First, we should eliminate private, for-profit prisons from our justice system. Locking someone up is a power that should be reserved for our government, not outsourced to corporations that have the perverse incentive of getting more people behind bars so that there are more profits for their shareholders.

Second, we need to end the failed war on drugs that has long been a war on people, waged on some people over other people. Who is going to be the last man — more likely than not a black man — to languish behind bars for possessing or using marijuana when it is legal in more than half of the states in this country? We should end the federal prohibition on marijuana and expunge the records of those who were locked away for possessing it, ensuring that they can get work, finish their education, contribute to their full potential and to the greatness of this country.

Third, we must stop using mandatory minimum sentencing for nonviolent drug offenses — a practice that costs taxpayers dearly and destroys lives in the process by locking up people who could safely reenter society. And we replace this practice with policies that begin treating addiction like the public health concern it is.

Fourth, we can end the current use of bail bonds that punish people for being poor. This is a tactic that wastes resources on incarcerating those who are not a threat to anyone, not a flight risk, not likely to be repeat offenders. In the Harris County Jail, it’s estimated that 500 to 600 of the inmates at any given time fit this description — in for misdemeanors but without the resources to post bail as I did more than twenty years ago.

Finally, we should provide meaningful re-entry to help cut down on recidivism for those who committed nonviolent crimes. That starts with strong rehabilitation services, counseling and access to preventative health care. It continues by banning the box on job applications so those formerly incarcerated can work and pay taxes, and ensuring their constitutional right to participate in civic life by voting is protected.

And because I have worked with my colleagues — Republicans and Democrats alike — on legislation to achieve these things, I know that they are fully within our capacity to change.

At the end of the day, this is about ensuring that every single one of us can live to our full potential and contribute to our maximum capacity. Giving low-level offenders a second chance no matter the color of their skin or the economic status they hold can create opportunity for all of us. It will help build a future that is more just, more fair, and more prosperous for every single person in this state and this country. It is time for Texas to lead the way.