Overcrowding in the department of corrections.

Overcrowding due to non-violent offender laws, and lack of alternative sentences.

To date there are nearly 2,000,000 inmates housed in the U.S. prison system. Of the

2,000,000, one hundred twenty-five thousand are in federal custody with another 1,000,000 in

state and local facilities. Out of these large numbers, 97% of federal inmates and two-thirds of

state and local prisoners are non-violent offenders. This is expanded upon in the article, “The

Prison Industry in the United States,” by Vickey Palaez. In this same article, a study conducted

by the California Prison Focus represents figures that show the United States is currently locking

up more people than any other country. Put in perspective, a half a million people more

incarcerated than China, which has a population five times greater than the U.S. The study went

on to state that "no other society in human history has imprisoned so many of its own citizens."

Subsequently, overcrowding is an ever-growing problem in Colorado prisons; one that could be

improved upon with changes to the sentencing laws for non-violent offenders. As a person who

has been in both local and state correctional facilities I have seen overcrowding first hand, and

speak not from the sidelines of this problem, but from my own personal account. First sentenced

to the Department Of Corrections, (DOC) in 2003, for sales and possession of a controlled

substance, a non-violent drug offense, overcrowding and addressing new ways to control it is a

passionate topic for me. “Since 1985, the percentage of prisoners incarcerated for drug offenses

has quadrupled; non-violent drug offenders now make up more than 20% of Colorado prisoners.”

According to Mike Krause, author of, “Getting Smart on Crime.” I first arrived at the DOC

receiving center in March of 2003, a complex of correctional buildings designated to access

prisoners individually and assign them a state identification number. The size and scope of the

operation laid out before me was overwhelming, there were people everywhere, which struck me

as odd. Let me clarify that for you, by saying that this struck me as odd, referrers to the way we
 Overcrowding in the department of corrections. 2

were being housed. Not only did they have prisoners housed in standard prison cells, we were

also set up in places not intended for housing people; places like the recreational day room or in

the gymnasium, and later in another prison, access tunnels. “ Colorado will be more than 4,600

prison beds short by 2014 if it does not start immediately on a nearly $800 million proposal to

build or expand five correctional facilities,” according to Ari Zavaras Executive Director, DOC,

(The Gazette, 2008).

After taking all of this in and thinking about it, it made me start to question why this was.

The answers that I received troubled me, and were all strikingly similar whether they came from

the prisoners housed in these institutions or the guards working there. Both sides informed me

that it all boiled down to overcrowding, which in part was due to the excessive amounts of non-

violent offenders there. Overcrowding seems like it should be simple to stop, yet it also feels

like there are many people out there that do not want change. Seemingly, these people in addition

to state policy are too focused on the concept of retribution as a means of punishment versus

rehabilitation. Both of these fractions lobbied for a three strikes, and you’re out” policy, a law

adapted to keep our prisons full and the government funding rolling in. These same parties

suggest that repeat drug offenders would benefit from harsh and in most cases unjust mandatory

prison terms. In a book titled The Culture of Control, author David Garland argues that:

“[Laws like Megan’s Law and Three Strikes] represent a kind of retaliatory law-making, acting
out the punitive urges and controlling anxieties of expressive justice. Its chief aims are to
assuage popular outrage, reassure the public, and restore the credibility of the system, all of
which are political rather than penological concerns (2001: 173).”
It is my personal fear that prison overcrowding boils down to money; money that could

be put towards health care, housing, and the overall standards of life in these intuitions. Instead,
 Overcrowding in the department of corrections. 3

it is unjustly deposited into our state legislator’s pockets as well as those who own and operate

private prisons. Corrections Corporation of America, (CCA) is the main private prison operator

in this country, according to their third quarter finical review,” Total revenue increased 5.5% to

$426.0 million with increases in average daily inmate populations of 4.5%”. Numbers this large

are a clear motive to keep our prisons filled to staggeringly crowded conditions. “Since 1994, in

addition to more than doubling the DOC budget, the legislature has appropriated roughly half a

billion dollars for prison expansion and new prison construction (Krause, 2004).” This money is

gained by keeping our state’s prisons crowded beyond capacity with non-violent offenders, with

unfair and unjust laws set in place to keep them there. According to a report from the National

Conference of State Legislatures, “state corrections expenditures were the second fastest growing

component of state budgets during the 1990’s (Snell et al., 2003).” The state’s correctional costs

have not been the only facet to expand. Due in part to the 30,000 dollars per inmate state

detention centers collect, Colorado and other states are keeping their prisons filled to

overwhelming capacity. In fact, one out of every 140 US residents is incarcerated in a state or

local correctional facility (Harrison and Beck, 2004). It is hard to conceive that our legal system

isn’t sentencing non-violent and other criminals to unjust terms solely for monetary gain. It is

even harder to believe that this money could not be better suited for other causes, given the

overall grim living standards within our state prisons.

It is thought by a number of scholars that the notable rise in the rate of incarceration in

recent decades is directly correlated to a shift in both societal and professional ideals as they

relate to state policies of punishment and social justice (Tonry, 1996, Beckett, 1997). The

current laws and sentencing guidelines are seemingly better focused on acting out ‘punitive

urges’ rather than rehabilitation, becoming more of a means of exclusion and control. Michael
 Overcrowding in the department of corrections. 4

Tonry, author of Sentencing Matters, also maintains that most if not all states have passed laws

in recent decades based on “the premise that harsher penalties will reduce crime rates (1996).”

This shift in goals of punishment implementations may have created the perfect storm. As long

as we aim to illogically impose moral standards onto those we incarcerate, the farther away from

a much more important objective we become. Our efforts would be much better suited using a

mechanism of penalty that encourages rehabilitation versus putting a band-aid on matters solely

to ease the minds of our society.

In the years prior to 1973 the term “War on Drugs” was almost non-existent, until

President Nixon established the Drug Enforcement Administration (DEA), a government agency

that proclaimed a global war on narcotics. Prior to this President Eisenhower in 1954, assembled

a committee comprised of five- cabinet members charged with “stamping out narcotic

addiction”. This is expanded upon in the article, “The War on Drugs,” (Time, 2009:1). Both of

these entities were completely new and foreign to a country fresh out of a war with Vietnam.

With the advent of the hippy movement in the 1960s, drug use had become to some extent

socially acceptable, leaving concerns of heroin use among U.S. soldiers who had fought in

Vietnam to fade from view. Apprehension flared again in 1975 when Columbian authorities

apprehended 600 kilos of cocaine destine for export to the U.S. Our nation’s uneasiness and

anxiety remained silent for a period, only to become justifiable again in 1984. First lady, Nancy

Regan spoke in Oakland, Cali to an elementary school. During which she was asked by a ten-

year-old student what should be done if they were offered drugs. This question sparked a

nationwide campaign against drug abuse, and credits the first lady with coining the slogan, “Just

say no”. This movement ran parallel in 1983 to San Francisco’s; own fight and their newly

formed program, Drug Abuse Resistance Education, more commonly referred to as (DARE).
 Overcrowding in the department of corrections. 5

DARE was offered in classrooms across the country to educate students about drug use and

addiction. According to the same article, “within a year, 5000 “Just Say No” clubs had formed

around the country”. With the formation of the DEA and the slogan “Just Say No” Americans

qualms with drugs and drug related crimes soared reaching unprecedented heights in 1986.

Frightened congress enacted mandatory minimum sentencing laws for drug offenders; later

enhancing this new policy to pertain to drug conspiracies and gun offenses, according to

Families Against Mandatory Minimums, (FAMM, 2011). Unfortunately, this seemingly decent

idea backfired, not slowing narcotics sales and catching very few drug, “kingpins”. Instead, our

nation’s prisons became filled with low-level non-violent drug offenders. These policies and

sentencing guidelines have directly contributed to Colorado’s ever-expanding problem with

institutional overcrowding. Currently judges have no control over mandatory minimum

sentencing this aspect of the crime or crimes being tried is left to the prosecutor. According to

(FAMM, 2011) “a majority of adults favor elimination of mandatory sentencing laws and

allowing judges to choose the appropriate sentence”. With the public’s outcry and the blatant

problem our state and nation faces the time has come for change or more appropriate alternatives

for non-violent crimes. President Eisenhower, President Nixon and first lady Nancy Regan’s

efforts with,” stamping out drug addiction”, “just say no”, and the formation of the DEA has cost

this country more in the long run leaving our prisons overwhelmingly filled with non-violent

drug offenders. The concepts behind these ideals were sound, but somewhere along the way lost

sight of the real issue.

By keeping our state’s prisons full, I feel we are inviting needless problems into this

volatile equation such as pitiable living conditions. In one place that I was housed, it was so

packed that in holding cells there were people sleeping on toilets while others slept wrapped
 Overcrowding in the department of corrections. 6

around the bases. Everyone was forced to sleep shoulder to shoulder; bodies packed tightly next

to each other with no room to get up and move around. Though I was housed like this for nearly

two weeks, I was given only one thin wool blanket to lie on and another to use as a pillow . This

is one of the more extreme examples of overcrowding that I was personally involved in, but I’m

sure it is not an isolated incident. I’m aware that housing inmates in this manner is still a regular

occurrence, particularly in this facility. In 2007, the Denver County Jail was so overrun with

prisoners that they had to issue surplus military tents. Others were housed outside and forced to

share filthy outhouses as bathrooms, subjecting them to the elements.

Institutional violence is another seemingly avoidable problem due to overcrowding. When

you have facilities filled to overwhelming capacity, tension builds and tempers flare . I have

witnessed fights erupt over people unintentionally bumping into each other because there was a

lack of personal space, or because the facility we were housed in ran out of food to feed

everybody. When you have so many people uncomfortably housed together in an already dismal

situation it should be common sense that there are going to be conflicts that arise. "Correctional

administrators agree that crowded prisons result in greater tension, frustration, and anger among

the inmate population, which leads to conflicts and violence," According to Harry G. Lappin,

director of The Federal Bureau of Prisons (BOP).

In addition to problems arising from overcrowding, healthcare, or lack thereof is another

cause and effect problem that stands to be addressed. Even in a properly maintained institution

health care is less than desirable for the prisoners housed there. When you add in an

overwhelming number of prisoners, the opportunity to obtain timely and adequate medical care
 Overcrowding in the department of corrections. 7

is even farther stretched. “Providing health care within a correctional environment presents

unique challenges and lack of pay parity with the private sector makes it difficult for the BOP to

recruit and retain clinicians,”(BOP,2008). The brown recluse spider is a nasty little arachnid, and

if bitten by one it is advised to seek out medical attention as soon as possible. Failure to do so

could result in having your flesh painfully eaten from the inside out . In one DOC facility I

witnessed a bite result in the loss of a limb. Later, guards working in the facility informed me

that if left untreated it could ultimately result in death. In some cases, a prisoner may wait up to

seven days to see a doctor due to the large number of cases awaiting medical attention . One of

these nasty little spiders bit me on the calf of my left leg, which by the grace of god I did not

lose. Correctional guards, not a doctor, informed me that it was probably an ingrown hair or boil.

I was also advised that the facility was understaffed and not equipped to deal with the number of

overwhelming medical problems. Only if the situation worsened, was I advised to put in a

medical request to see a doctor. Under normal circumstances, this could take a week or longer!

Subsequently, my leg swelled to twice its normal size and I was unable to walk. I laid in my cell

for the better part of a week in agonizing pain . Fortunately, one of the other prisoners in our

cramped cell volunteered to bring me my meals . In the end it took several calls to my attorney

and consequent threats of a lawsuit before they decided I might need medical attention . Due to

the worsened condition of the leg, I required transportation by squad car to an outside hospital.

When I finally got to see a doctor, my leg had to be cut open or, “lanced” by the attending

physician. The doctor had to drain rotting flesh from my leg and packed my wound full of

gauze. The hospital told me that if I had been properly treated or even seen by a doctor a week

prior, they could have put me on antibiotics and taken care of the bite without surgical
 Overcrowding in the department of corrections. 8

intervention. Practices of this nature are completely unacceptable and almost unimaginable . The

problems that I have personally experienced have merely scratched the surface of a much deeper

issue. The problem of institutional overcrowding may not be such a simple fix, but should

absolutely be paid more serious attention to. However, I am but a voice from the inside looking

out, a prisoner, a criminal and a convict who witnesses similar trials to this each and every day.

The benefits of keeping Colorado’s prisons filled to capacity may be a bit blurred at first,

but some would argue that with closer inspection they should come to light. It is felt by some

that prisoners serving out their sentences in the DOC are given necessary time to reflect upon

and reevaluate their current situations in life. After deliberating, some decide to make changes to

the way that they were living their lives. These same people feel that Prisoners have the chance

to better their lives with the opportunity to go back to school. They can gain their GED if they

did not formerly graduate from high school. If this is accomplished, they can elect to further

their academic standing through online postsecondary education. For many this would not be

possible if they were not in a place that offered such resources. Further education of this nature

gives prisoners an improved chance at succeeding after their release. However, I recognize that

there are ways of achieving such goals outside of a prison setting. People go back to school

every day, whether for a high school diploma or to enrich personal self-worth. The programs

offered to inmates might not be as easy to seek out and obtain in society, but they are there.

Again, this is a topic that I do not merely speak from the sidelines of, but a true personal

testimony. This accomplishment has been of my own accord, without the help of the DOC or its

offered resources. Obtaining an education is one of the most fulfilling things anybody could do

for his or herself to better enrich their lives. It makes one sad to think that for some, the only

means of achieving such an accomplishment is due in part to endless amounts of time in a prison
 Overcrowding in the department of corrections. 9

cell. For most of these prisoners, broadening their education does not come easy. Due to such a

high volume of inmates trying to go back to school, the wait can be quite lengthy. Additionally,

there are many obstacles set up to keep prisoners out of school. First, prisoners must be write-up

free, entailing no kind of disciplinary action against them for six months or up to a year prior.

They must also be able to pay for the class or classes they want to take. This may require family

involvement in academic financing. For prisoners with family issues on top of substandard

living conditions, barriers of this nature are not that easy to overcome. Tempers tend to flare for

the most insignificant of reasons in such overcrowded, irritating conditions. This increases the

likelihood of disciplinary write-ups, making them ineligible for the chance to go to school.

However the benefits of my solution far outweigh those of our current system by merely

implementing alternative sentencing for non-violent offenders we will clear up a multitude of

problems within the DOC, and state. We will see better living conditions for everybody, whether

for those in prison or for the taxpayer. By reducing prison populations, the DOC will be better

equipped to address prisoner’s problems. There will be more trained personnel able to focus their

time appropriately instead of being overwhelmed with the high numbers of issues that need

addressed on a daily basis. It is also my belief that there will be a decrease in the number of

repeat offenders to the DOC with this solution. This will be because people will be receiving

help with their addictions and not just housed in a volatile and crowded situation where they will

become bitter, and more likely to commit repeat offenses. Finally the taxpayer stands to benefit,

and would save tremendous amounts of money. “Taxpayers are not well served by a broken and

potentially dangerous prison and parole system,” According The American Legislative Exchange

Council home page, (2008-2009). In Colorado, it costs the DOC $759,502,506 to house and care

for their prisoners. This breaks down to roughly $30,387 per inmate, which to the best of my
 Overcrowding in the department of corrections. 10

knowledge comes directly out of the taxpayers’ pockets (ALEC). There are far better things that

this money could be used for. Highway repair or our children’s education is two that come to

mind. Colorado’s highways are rapidly decaying and we are closing schools at an alarming rate

because there is a lack of funding. The money that the state would save by not housing prisoners

in state operated facilities should be used for Colorado’s Highways and education not to house

and care for non-violent criminals.

My proposed solution to this is a simple one, one that could be embraced by both sides of

the problem. Through revisions to our state’s current laws or merely providing sensible

alternative sentencing for non-violent crimes, Colorado could cut its prisoner population by

nearly 90%, and clear up a multitude of relating problems. Over half of all non-violent crimes

directly involve drugs or are related to a form of addiction . By focusing on treatment instead of

incarceration, we will put an end to the overwhelming number of drug related offenders housed

in the DOC. There are already a few alternative solutions set in place to help circumvent this

problem. There is treatment in lieu of conviction, a program that provides short-term treatment

followed by very strict intensive probation . This is a good program, but the end defeats the

means. Over half of the offenders sentenced to this alternative eventually end up in prison due to

some kind of technical violation of their terms of probation . This only prolongs the

overcrowding problem and sets forth a completely new set of problems for our non-violent

offenders in the end. Community Corrections is another alternative set up to help the problem of

overcrowding, but this is not a solution either . It merely moves the problem from one facility to

the next. The privately owned halfway houses, (Community Corrections) operate through cater
 Overcrowding in the department of corrections. 11

to the DOC, and are just as overcrowded as the DOC itself . To reside in one of these halfway

houses you must find a job and pay rent to be there, but if you do not find a job in a set amount

of time, residences are terminated from the program to free up space for the next round of

overcrowded prisoners. With so many flaws, I feel as if I could write a whole paper just on this

one aspect of the issue. With simple adjustments to our current laws or offering treatment instead

of incarceration, we will take care of more than just the problem of overcrowding. With my

proposed solution, we will be providing help to people with addictions. This two-part solution

should make people feel safer and give them peace of mind. Not only are they keeping criminals

off our city’s streets, we are helping people too. Granted there are many good reasons for

keeping Colorado’s prisons full, but keeping them filled to overcrowded conditions only causes

countless and avoidable problems. Overcrowding in Colorado’s prisons is a very serious

problem that we all stand to benefit from by addressing it more openly in this state; the current

problem of overcrowding makes no sense to me, nor should it to you. Whether it is on a

personal level or for future generations, changes to our current laws and providing alternative

sentencing for non-violent offenders seem like the most sensible way for us to stop Colorado’s

current problem of overcrowding in its prisons.

 Overcrowding in the department of corrections. 12

References

ALEC (2008, 2009). The American Legislative Exchange Council home page. ‘Prison

overcrowding in Colorado’. Excerpt from Facts and Figures 2008, 2009. Retrieved May

03, 2011 from the World Wide Web: http://www.alec.org/am/template.cfm?Section=co

Beckett, K (1997) Making crime pay: Law and order in contemporary American

politics. Oxford: Oxford University Press.

CCA (2009).’Third Quarter Finical Review’. Retrieved May 03, 2011 from the World Wide

Web: http://ir.correctionscorp.com/phoenix.zhtml?c=117983&p=irol-

newsArticle&id=1351193

“Colorado weighing its prison options.” Editorial. The Gazette. 16 march, 2008: 1. Retrieved

May 03, 2011 from the World Wide Web: http://www.gazette.com/articles/beds-34286-

yet-prisons.html

Garland, D (2001) The culture of control. Chicago, IL: University of Chicago Press.

Harrison, P, M. and Allen J, B (November 2004) ‘Bureau of Justice Statistics

Bulletin: Prisoners in 2003’, U.S. Department of Justice, Office of Justice Programs.

Harry G, Lappin (2008). Federal Bureau of Prisons. Statement, 2, 4. Retrieved May 02, 2011

from the world wide web:judiciary.senate.gov/pdf/09-09-15%20Lappin

%20Testimony.pdf
 Overcrowding in the department of corrections. 13

Krause, M (2005) ‘Getting Smart on Crime: Time to Reform Colorado’s Drug Offense

Sentencing Policies’, Independence Institute paper, Jan 01, 2005: Retrieved May 03,

2011 from the World Wide Web:http://www.IndependanceInstitute.org

Pelaze, V (2008) ‘The Prison industry in the United States: Big business or a new form of

slavery?’ Global Research Article. 10 Mar. 2008: 1. Retrieved Mar 30, 2011 from the

World Wide Web: http://www.globalresearch.ca/index.php