Michigan reversing prison population boom of ‘90s

By GLORIA NZEKA
Capital News Service

LANSING — Following the closing of some correctional facilities in recent years, the size of Michigan’s prison population is at its lowest in two decades.

Criminal justice experts, however say, there’s still more to be done.

John Cooper, the policy director for the Citizens Alliance on Prisons and Public Spending, a nonprofit public policy organization, said the Department of Corrections’ current recidivism rate of 28 percent isn’t a good measurement of what’s going on in the criminal justice system.

“To have 28 percent of people who got out of prison return still is a very high rate,” Cooper said. “We don’t want anybody to be going back to prison.”

Earlier this year, the department reported that the prison population is below 40,000 for the first time since 1992.

Cooper said there are a number of reasons for that development, including low crime rates, fewer people going to prison and high parole rates.

However, there’s a need for improvement.

“Michigan has a very punitive system,” Cooper said, adding that the state has the longest average length of imprisonment in the country, with an average minimum sentence of  almost 10 years.

“About 13 percent of the prison population in Michigan will never be released because they are serving life sentences,” Cooper said.

A recent law sponsored by Sen. Steven Bieda D-Warren, eliminates the requirement that repeat drug offenders get an increased sentence, up to life in prison without parole. Instead, prisoners would be eligible for parole after serving five years of their sentence.

When it comes to offenders with mental illness, Lt. Gov. Brian Calley said the justice response needs to be different.

“Our system in the past has been a one-size-fits-all approach. A person has a negative interaction with the law, they go through the system. If they are found guilty of a crime, they go to jail or prison,” Calley said.

If a person commits a crime because of an untreated mental illness that might include developmental disabilities, addiction or anything that changes the way that the brain works, the justice system response should include evaluation and treatment, he said.

“That still might include some jail or prison, but maybe it doesn’t have to,” Calley said.

 

He heads the Snyder administration’s mental health diversion council that works with sheriffs, prosecutors and judges on programs intended to provide treatment rather than jail for arrestees with mental health and substance abuse problems.

Cooper, of the Citizens Alliance on Prisons and Public Spending, said Michigan doesn’t have  a compassionate release policy for medical parole.

“Many aging prisoners and sick people are not allowed to be released to medical facilities that are more appropriate,” he said. “These are very old and sick people who are no longer a threat to society.”

A set of bills pending in the Legislature would create a compassionate release policy. The bipartisan package is sponsored by a number of representatives including David LaGrand, D-Grand Rapids, and  Larry Inman, R-Williamsburg.

In terms of re-entry into the community, Cooper said it’s hard to get a job with a criminal record. The unemployment rate for people with a criminal record is 67 percent.

“There are legal barriers to getting employment for people who have been formerly incarcerated. Many employers do not want to hire someone who has a criminal record,” he said.

And at the same time, it’s hard to find housing. “Private landlords can decide to not rent their property, and there are also limitations on the availability of certain government assistance if you’ve got a criminal record,” Cooper said.

The underlying problem is that most people who go to prison don’t have any work history or a high school diploma, he said. If they don’t get an education and/or job skills while they are in prison, it’s going to be hard for them to get a job when they get out.

“The department understands this and is trying to do the best it can,” Cooper said.

The Department of Corrections has created jobs and trade skills training programs and so far, these programs are producing good results, according to reports on the department’s website.

Calley, the lieutenant governor, said that when the criminal justice system started treating addiction, it had a profound impact, and mental diversion programs have the same potential that treating addiction had in improving recidivism outcomes.

“Throwing people in jail does not treat addiction, does not cure addiction. It’s not a willpower issue, it’s a health care issue,” he said. “If we start treating mental health effectively and connect people to gainful employment at the same time, recidivism rates will go even lower.”