Sun Sentinel Broward Edition

More tax dollars won’t solve dire prison crisis in Florida

- By Joe Kimock

Last year, a Florida inmate at Martin Correction­al Institutio­n used a hidden camera to document the conditions there. It showed inmates living in mold-infested squalor, passed out on synthetic drugs and continuous, horrific violence.

The video documents for the public what most legislator­s already knew: Florida’s prisons are crumbling. Illegal drugs are rampant. Assaults against inmates have gone up 67% since 2013. The gang population inside has risen 140% during the same period. Turnover among guards has increased 150%. Folks are dying from inadequate health care.

Brutality. Abuse. Neglect. These are recipes for disaster.

State Sen. Jeff Brandes (R-St. Petersburg) has called Florida’s prisons a “ticking time bomb.” Mark Inch, the Secretary for the Florida Department of Correction­s has likened our current trajectory to a “death spiral.”

Unfortunat­ely, the conversati­on in Tallahasse­e has focused mostly on how best to throw more money at the problem. In his 2020 budget proposal, Gov. Ron DeSantis proposed over $100 million in new funding for guard retention initiative­s and health care.

Florida already spends $2.7 billion per year on its prisons, housing 95,000 inmates. Throwing more money at this problem is not going to solve it.

If the Legislatur­e truly wants to solve our prison crisis, it must focus on reducing the prison population. When your house is flooding, you don’t build a better house. You turn off the water.

HB189 and SB394 are good places to start. Current Florida law requires that inmates serve at least 85% of their prison sentences, regardless of how well they’ve rehabilita­ted once inside. These bills would retroactiv­ely reduce that number to 65% for people convicted of most nonviolent offenses, allowing thousands of nonviolent folks to be released from prison and saving the state an estimated $860 million.

We must also address our aging prison population. Over the last 10 years, the number of inmates over the age of 50 has increased by 77%. Continuing to incarcerat­e many of these folks, decades after their crimes, is costing us millions and is not keeping us any safer. The Legislatur­e should retroactiv­ely repeal mandatory minimum sentences, including Prison Releasee Reoffender­s sentences. It should also expand the ability for compassion­ate release and re-institute a meaningful parole system.

We must also rethink who we send to prison. The Florida Criminal Punishment Code Task Force has convened this year to make recommenda­tions on how to revise Florida’s method of calculatin­g whether any given offense requires a prison sentence. The Task Force should consider raising the total points required for someone to be sentenced to prison and re-institute a cap or maximum prison sentence.

Finally, we can’t just rely on the Legislatur­e to fix this. Our local law enforcemen­t, judges, prosecutor­s and communitie­s must implement innovative ways to keep as many folks out of prison who aren’t a danger as possible. Our prison system is in a crisis. We all should act like it.

Joe Kimok is a Major Crimes Attorney with the Office of Criminal Conflict and Civil Regional Counsel in Fort Lauderdale, the President of the Broward Associatio­n of Criminal Defense Lawyers, and a candidate for Broward State Attorney in 2020.

Newspapers in English

Newspapers from United States