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The Spokesman-Review Newspaper
Spokane, Washington  Est. May 19, 1883

Eased sentencing might empty prison beds

Chuck Oxley Associated Press

BOISE – State Department of Corrections Director Tom Beauclair reiterated to his agency board on Wednesday that in order to solve prison overcrowding in Idaho, lawmakers should consider changing sentencing laws as one of several options.

The remarks echoed similar statements Beauclair made to the state budget writing committee a day earlier, although the director emphasized Wednesday that easing sentencing guidelines to empty prison beds quicker is only one part of a multifaceted solution.

“Our sentencing statutes, and that would be our mandatory minimums and our drug policy, all contribute to growth. Our sentence length and release practices also contribute to growth,” Beauclair told commissioners, staff and other officials at the Boise meeting.

On Tuesday, he presented similar information to lawmakers on the Joint Finance and Appropriations Committee meeting in St. Anthony.

With the state’s prison system at 102 percent full, managers have accommodated the tide of prisoners this past spring and summer with extra cots and tents and building additions to current facilities.

But that won’t last in the long term, Beauclair said.

“I think it’s safe to say most people don’t want to build another prison. But if you don’t want to build another prison, then you have to do something different than what we’re doing,” Beauclair said in an interview after his presentation.

The director said it was not his place to tell lawmakers specifically which new laws they ought to pass. But he said reducing the amount of time prisoners must spend behind bars is one piece of the puzzle.

“That’s what’s difficult. We all want one thing that we can point to, but it’s a combination of things,” he said.

Prison occupancy rates show the current population boom seemed to begin in the spring. In January, the prison population throughout Idaho’s system was 5,898. By June, it had ballooned to 6,312, an increase of 7 percent over just six months. The population is projected to hit 6,481 by June 2005.

Most of the growth came from an increase in the program known as “retained jurisdiction,” sometimes called the “120-day rider.”

Under the program, judges retain the court’s jurisdiction for 120-180 days from the date of sentencing. Near the end of the program, the facility will complete a report for the judge, based on program participation and behavior by the prisoner.

The department plans to request a $16 million budget increase next year to handle the growing prison population, which is expected to increase by nearly 1,400 prisoners during the next four years.

Brian Whitlock, chief of staff for Gov. Dirk Kempthorne, was noncommittal after Tuesday’s budget discussion.

“Sentencing is obviously something we’re going to evaluate,” Whitlock told the Post Register newspaper.

However, there is no indication Kempthorne is willing to consider additional permanent housing.

“For six years, brick and mortar has been an option presented to the governor,” Whitlock said. “For six years, he has not recommended that we build new facilities.”