Kansas Lawmakers Forced to Address Prison Population Explosion

February 29, 2012

Currently, the U.S. prison population has the highest incarceration rate in the world. According to the most recent statistics from the Bureau of Justice, approximately 2.3 million people were incarcerated in 2009. The state of Kansas, according to some, is seemingly facilitating this growing number.

Presently, there are 8,635 male offenders incarcerated in Kansas, according to The Kansas City Star, and the number continues to grow. Some argue that this expanding number is the result of a total of 99 changes to Kansas' sentencing structure within the past seven years. Budget cuts due to the fragile economy coupled with the statistics on recidivism are leading many to question whether getting tougher on crime in Kansas is really the best route to take.

Stiffer Penalties for Kansas Crimes

Since 2005, Kansas lawmakers have been slowly changing the sentences for certain crimes. Penalties, like sentences for certain violent offenses in Kansas, for instance, have increased.

In particular, Kansas House Bill 2435, enacted in April 2010, increased penalties for certain crimes that involve an attempt, conspiracy or solicitation of a sex crime in Kansas when offenders are 18 years of age or older and the victims are younger than 14 years of age.

Senate Bill 434, enacted in July 2010, increased the severity level for those convicted of unlawful sexual relations and creates a special rule of presumptive imprisonment for such offenses. Other offenses, once punishable with probation, now include jail sentences.

Some argue that in order to continue to keep dangerous individuals off of the streets, penalties for certain crimes simply needed to be stiffened. Others, however, say that increasing prison sentences undoubtedly creates more problems.

The Budgeting Dilemma

Housing inmates is not cheap. Depending on the location, the average prison spends about $130 a day to house just one inmate. The Kansas City Star also reports that, due to overcrowding, the state of Kansas spends over $1600 a day to house just a few dozen inmates in county jails throughout the state. Unfortunately, stiffer penalties for crimes mean more housing is needed for more inmates and for longer periods. And, in the wake of a crippling U.S. economy, states like Kansas are finding it hard to pay for the increased expense.

For just the first half of 2012, Kansas is likely to spend about $1.5 million to house state prisoners. Kansas Corrections Secretary Ray Roberts plans to ask the state for more money next year -- about $2.5 million to be exact, according to The Kansas City Star.

In addition to housing costs, more money will also be needed to fund programs aimed at treating Kansas prisoners with mental illnesses, for instance. Today, approximately 27 percent of Kansas prisoners are reported to suffer from a severe form of mental illness. Roberts hopes to obtain an additional $4.8 million to pay for these services next year.

With decreasing state revenues, obtaining the necessary funds will be difficult. Increasing the budget for one state program only means decreasing the money allocated for another.

Overcrowding

An increase in penalties for certain Kansas crimes has caused the state's inmate population to skyrocket. Unfortunately, jails and prisons have not kept up with this swell in population.

Recent data reveals that the average men's prison in Kansas exceeds capacity by over 250 inmates. In ten years, that number will rise to 2,000. According to the Kansas Sentencing Commission, women's prisons are not far behind and will soon exceed inmate capacity as well.

This overcrowding problem, therefore, is forcing lawmakers to make tough decisions. Some, including Republican Representative and member of the sentencing commission Pat Colloton, say that the state should consider letting certain inmates out early to immobilize the overcrowding problem.

Others argue that allowing inmates early release could be counterproductive to lawmakers' original intent to changing the 99 different sentencing penalties. They say that the state should simply build more prisons to keep up with capacity. One thing is clear: the ultimate decision will not be an easy one to make.

Recidivism

Recidivism is also another recurring problem the state is facing. Too many inmates are re-entering the system after release, which means more programs are needed to help inmates successfully reenter the world and lead productive lives. Educational programs, social services and transitional housing are just a few measures that can help inmates get back on their feet upon release. Unfortunately, Kansas and many other states have cut these programs from the budget within the last few years.

With a growing prison population, recidivism is likely to continue to be a problem. Hopefully, the millions requested by Roberts for such services will be approved next year. However, state revenues have declined due to the poor economy and there is less to go around to cover these expenses.

It remains to be seen just what solution the Kansas legislature will come up with to counteract the consequences of getting tough on crime. In the wake of a nationwide economic standstill where more money for many state programs is desperately needed, the decision will most likely be one of the more challenging ones to make.

Article provided by Paul Cramm
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