Being tough on crime is tough on the state budget

In the last legislative session in Olympia, Attorney General Rob McKenna tried to get some changes made in domestic violence laws that would lead to tougher sentencing. But in a session dominated by budget-cutting, a bill that would increase incarceration costs fell by the wayside.

McKenna will be back in January with a domestic violence bill. He already has a sponsor in Rep. Kirk Pearson, R-Monroe. But a Legislature that closed a $9 billion shortfall last spring now faces another one projected to be $2.6 billion. The answer for this bill – or any other, for that matter – is that lawmakers who want to adopt new laws that require new spending must find areas where costs can be cut.

On its own merits, the effort to crack down on abusive spouses and other domestic partners is laudable. Domestic violence often escalates. Today’s misdemeanor becomes tomorrow’s felony. But sentencing guidelines discard misdemeanors and treat the first felony as the first offense. That can mean sentences as short as three months. Knowing this, some victims won’t press charges.

The truth in many cases is that the violence has gone on for a long time. Misdemeanor convictions are often hard-won victories for prosecutors, because victims’ underlying wounds aren’t as obvious. Though the physical damage isn’t as great, the psychological damage burrows deep. This ought to be compelling information for judges at sentencing; instead it is excluded.

McKenna wants courts to consider the entire criminal record of a convicted abuser, as it does for traffic crimes. The proposed law could add significant time for first-time felons with domestic violence misdemeanors. An estimated 10 percent of perpetrators would be affected.

We have no quarrel with the proposed bill, but the rapid increase in incarceration costs is one of the reasons the state budget is so difficult to balance. Tough-on-crime legislation, including mandatory- minimum requirements, has boosted the incarceration rate 34.4 percent from 1998 to 2008. If the statutes are unchanged, the projected 20-year increase will be 58 percent, or nearly 8,000 more people behind bars, according to the Department of Corrections Web site.

This lock-’em-up mentality is expensive. Not only has spending on state prisons gone wild, but local jurisdictions, such as Spokane County, are struggling with overcrowding and finding ways to build larger jails.

What the state needs is a comprehensive review of all criminal statutes, especially for nonviolent offenses, so costs can be contained and worthy new laws, such as the domestic violence bill, can get a fair hearing.