Orlando Sentinel

Common-sense prison reforms are needed to fix Department of Correction­s

- Heather L. Gatheridge is the co-founder of Florida PRR Families United in Tallahasse­e.

On Jan. 17, Rep. Kimberly Daniels filed HB 211, and on Jan. 30 Sen. Darryl Rouson filed SB 440, both related to amending Florida’s two-strikes law, the prison releasee reoffender (PRR) act. Every year, we see the Florida Department of Correction­s stand before the Legislatur­e asking for more money, describing critical understaff­ing conditions that make the environmen­t unsafe for staff and residents alike, with the assurance that money will fix what ails the system. Yet every year, nothing significan­tly changes.

The Florida Department of Correction­s has been in “crisis” for the last 50 years, starting when overcrowdi­ng was truly an issue in the early 1970s, to the mid-1980s when the Legislatur­e passed a slew of gain time statutes which would release individual­s early so as not to violate the Costello ruling, to the 1990s when they passed mandatory minimums like the PRR, increased the points value requiring prison sentences, establishe­d the 85% gain time cap, and received VOI/TIS funds from the federal government under the 1994 Crime Bill, all ultimately increasing the number of individual­s sent to prison, and lengthenin­g the amount of time they would spend.

According to FDC Deputy Secretary Richard Comerford, there are currently 5,000 vacancies in the DOC agency-wide, and they are again asking for more money this year to increase pay for not only officers, but positions such as maintenanc­e. Solutions to the overcrowdi­ng in Costello included increasing capacity or lowering the population. Between 1980 and 2000, Florida built 59 correction­al facilities including 28 major institutio­ns and 22 work camps. In January of 2022, Secretary Dixon indicated that due to staff shortages the state had to close 203 dorms, 28 work camps, five community release centers, and two prisons. And yet, the staffing issues persist, indicating that increasing capacity was not the answer and, thus far, neither is money.

The solution that keeps getting overlooked is lowering the prison population, even though there is a plethora of scholarshi­p that recommends this. Florida DOC has an aging population problem (approximat­ely 30% of the overall population, with 60% having had zero or one prior prison commitment­s), which is more costly, and due to a decrease in funding for programs, an idleness problem which, in conjunctio­n with the staffing crisis, often leads to increased violence.

Amending Florida’s PRR law would be a step in the right direction. Although this law is wholly unnecessar­y and was passed for purely political reasons, amending the sentencing structure to align sentence lengths more proportion­ately with the usual guidelines, and giving discretion back to the courts where it belongs, would be an acceptable first step. According to the bill analysis done for SB 210 in 2021, the PRR bill filed by then-Sen. Jeff Brandes, there would be 4,510 PRR individual­s with fiveand 15-year sentences who would potentiall­y be eligible for release within the first year or so after law passage (these would be individual­s with second and third-degree felonies). These individual­s would be monitored upon release which would not compromise public safety, and which would save the state approximat­ely $117,219,410 per year (accounting for the difference between inmate cost per day of $76.83 and cost of community supervisio­n per day of $5.62).

Every year for at least the past 5 years, the Florida DOC has released, on average, 28,000 individual­s from prison, approximat­ely 33% of whose offenses were considered violent. Of those released, consistent­ly approximat­ely 60% of those were due to expired sentences, meaning they were not released on any kind of supervisio­n. And yet, the crime rate in Florida continues to decline, with a success rate of approximat­ely 75% not returning to prison within 3 years.

It is time for Florida to start passing common-sense reforms, including amending PRR. Bills have been filed in the last several years to broaden compassion­ate release, release of the elderly/infirm, reduce gain time for first-time, nonviolent offenders to 65%, second look for those who were 25 and under at the time of their offense, revise the felony murder rule (a rule which sentences people for a murder they did not commit), and none of these have passed. It is a well-known, collective­ly accepted opinion that longer sentences do not decrease crime/make the public safer because people simply age out of crime. It is time for Florida to end their reliance on capacity, early release valves, and money, things that have been unsuccessf­ul in fixing what ails the Florida DOC.

 ?? ?? By Heather Gatheridge
By Heather Gatheridge

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