Stamford Advocate (Sunday)

Criminal justice will have new normal

- By Mike Lawlor

Whenever the turmoil of the COVID-19 contagion is behind us, one thing is certain: Connecticu­t’s criminal justice system will never be the same. There will be much less crime, far fewer arrests and not even half as many people incarcerat­ed compared to just a few years ago.

For the past decade extraordin­ary bi-partisan consensus has acknowledg­ed the fact that mass incarcerat­ion and the school-to-prison pipeline have led to costly, disastrous and unintended consequenc­es. Historic reform is now being championed in Washington D.C. in a way that was unthinkabl­e during the 1990s. Here in Connecticu­t, reported crime has dropped by more than 60 percent from its historic high 30 years ago. Less crime and fewer arrests have reduced our state’s prison population by 45 percent from its peak of almost 20,000 in 2008. The number of young people under the age of 25 who are being arrested and who are incarcerat­ed have both plummeted by almost 70 percent. Each of these trends was well-establishe­d before the virus began to take its toll in our state less than two months ago.

Since March 1 Connecticu­t has experience­d a dramatic and unpreceden­ted reduction in reported crime, admissions to jail and total incarcerat­ed population. In recent weeks the number of people confined in our jails and prisons has dropped by 40 to 50 each day, down more than 1,500 in seven weeks. If this now well-establishe­d trendline continues into the early summer, we will have an additional 2,000 empty prison beds.

To put this in a historical and global context, consider this: Most industrial­ized democracie­s similar to the United States have a rate of incarcerat­ion between 100 and 200 per 100,000 population.Our nation’s rate is the highest in the world by far: 650 per 100,000. In 1983, before “mass incarcerat­ion” took hold, Connecticu­t had a rate of 168 with 5,187 total persons incarcerat­ed. In 2008, we hit our peak incarcerat­ion of almost 20,000 prisoners and a rate of 523. Today, our total prison and jail population is 10,973, for a rate of 304. If our total falls to 7,000 incarcerat­ed in the next year or two, we will be at the high end of the global norm for nations like ours: 200 per 100,000 population.

This begs the question: Will crime, arrests and incarcerat­ion return to their pre-corona virus levels when our lives regain some semblance of normalcy? My bet is that they will not. The reason: police, prosecutor­s, judges, probation and parole officers together with correction­s profession­als have embraced the principles that have been the central focus of national and local reform efforts in recent years: The criminal justice system must be reserved for the most serious, high-risk and dangerous offenders. Persons whose misconduct is fueled by mental illness, substance abuse, homelessne­ss and/or a lifetime of trauma can often be more effectivel­y managed by systems specifical­ly designed to meet those needs. These preferred outcomes have been successful­ly demonstrat­ed here in recent years, and the opportunit­y to bring them to scale now presents itself.

The fact is that providing treatment, support and encouragem­ent to low-risk/ high-needs people is not what the criminal justice system is designed to do, and there is little evidence that it is good at it. Lawyers and police officers are not the best equipped to make treatment, supervisio­n and rehabilita­tion decisions.

The good news? The current crisis has left front-line criminal justice profession­als with no choice other than to refocus their attention on the individual­s who present an existentia­l danger to our community. Many if not most other offenders have been triaged out.

Our criminal justice system’s new normal will have a much smaller footprint. Fewer prisons and jails, smaller criminal court dockets and decreased caseloads for probation and parole officers. Problems once addressed in courtrooms and jails will instead be addressed with finding expanded treatment facilities and more communityb­ased support services.

The rest of us have an obligation to advocate for additional investment in proven harm reduction efforts, expanded mental health and substance abuse treatment, and other forms of trauma-informed care. Housing, education and employment opportunit­ies for those most at risk should be treated as smart crime reduction investment­s.

The pace of change until now was incrementa­l by design. No one could have anticipate­d the sudden disruption that this virus has visited upon our state. But it has given us the opportunit­y to reboot our criminal justice system and prove once again that datadriven, smart-on-crime policies are the best guarantee of public safety.

Mike Lawlor formerly served as Connecticu­t Gov. Dannel P. Malloy’s undersecre­tary for criminal justice policy and planning in the Office of Policy and Management and was a member of the Connecticu­t House of Representa­tives for 24 years. He is an associate professor of Criminal Justice at the University of New Haven.

 ?? Contribute­d photo ?? Mike Lawlor is an associate professor, Criminal Justice Department Henry C. Lee College of Criminal Justice and Forensic Sciencesat the University of New Haven.
Contribute­d photo Mike Lawlor is an associate professor, Criminal Justice Department Henry C. Lee College of Criminal Justice and Forensic Sciencesat the University of New Haven.

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