The Real Cost of Prisons Weblog

Politicians like to appear tough on crime, even in the face of criticism that their efforts can be short-sighted and counterproductive.

Since January, Ohio lawmakers have introduced at least 42 bills that increase criminal penalties, expand penalties to new offenses, mandate prison time or create new crimes.

"I do have concerns about the number of pending legislation that will have an impact on our already crowded prison system," Collins said, noting that it costs Ohio taxpayers about $25,000 per year to house an inmate.

But it's a trend unlikely to reverse soon. No one loses an election for being too tough on crime. And longtime observers say that as the public grew increasingly aware of such offenses as child sex abuse, identity theft and repeat drunken driving, lawmakers grew more eager to ratchet up punishments.

During the past two-year legislative session (2005 through 2006), 16 bills enhancing criminal penalties were enacted. At least 20 punishment-boosting measures became law in the 2003-04 session. Four such bills have made it into law so far this year.

Meanwhile, Ohio has a record number of inmates and has spent $800 million building 23 prisons since 1987.

So be it, say some lawmakers.

"We don't create criminals," said Sen. Timothy J. Grendell, R-Chesterland, chairman of the Senate Criminal Justice Committee. "It is a basic function of state government that we protect law-abiding citizens from those who are lawbreakers. I hope we do not … fail to perform that duty simply because we have more criminals today than we did yesterday."

Rep. Jim Hughes, a Columbus Republican and former assistant county prosecutor, said stronger punishments increase deterrents and keep criminals away from the vulnerable.

Hughes said he proposed tougher penalties for identity theft against seniors when he heard stories of the elderly losing their savings to swindlers. As the child sex offender problem grew, or at least gained publicity, he and others have proposed more prison time.

"The issue is apparently that these people aren't getting the message that we're serious about protecting our children," he said.

But Sen. Dale Miller, D-Cleveland, said his colleagues are pushing a short-sighted agenda by increasing penalties.

"I particularly have concerns about bills that are named after somebody," he said. "One terrible thing happens, and granted it's a terrible thing, but then the legislator wants to increase the penalty. We are gradually ending up with a patchwork of penalties that aren't consistent with each other."

Miller was the only senator this month to vote against Senate Bill 183, which mandates jail time of six months to two years for importuning, the crime of soliciting sex from a minor. Those who bust the bad guys -- troopers, police and sheriffs -- support the measure. But those who put them away -- county prosecutors and judges -- oppose the bill.

John E. Murphy, executive director of the Ohio Prosecuting Attorneys Association, said mandating prison sentences for fourth- and fifth-degree felonies pushes more cases to trial where, in cases of importuning, children may have to testify in open court.

"That doesn't mean some of these people shouldn't go to jail," Murphy said. "But in some of these cases, where you're dealing with a 14- or 15-year-old victim, we question whether we ought to have mandatory penalties."

It's a battle Murphy has fought many times.

When a bill to increase penalties is introduced, he said he "fairly often" finds himself thinking the current law is already adequate. On numerous occasions, he has talked down fervent lawmakers who want to hit criminals with a sledgehammer when a ball-peen would do.

As lawmakers increase penalties for low-level felonies, or turn more misdemeanors into felonies, it consumes time for prosecutors, clogs the court system and reduces plea-bargain options, Murphy said.

"That's becoming a big problem," he said. "But we are not opposed to mandatory penalties for higher-level offenses."

Murphy said prosecutors strongly support a proposed "three strikes" measure that would allow judges to double the sentences of offenders convicted of their third violent first- or second-degree felony.

Meanwhile, Collins is looking for some relief from the overcrowding. Alternatives such as halfway houses and intensive probation are available for low-level felons, he said, but they're full, too.

His department is studying the feasibility of re-opening the Lima Correctional Institution, but Collins said more cells haven't been a long-term solution in the past.

"I think we've found we're worse off today," he said. "I'm not the brightest guy in the world, but that tells me there needs to be some other solution for us to look at."
http://www.columbusdispatch.com/live/content/local_news/stories/2007/11/25/MorePrison.ART_ART_11-25-07_A1_8E8I8DS.html?sid=101