Prison Drug Treatment Programs May Get Axed in Budget Battle

October 22, 2010

Everyone understands the old adage about being penny wise but pound foolish--that saving a little money here and there might cost you big money in the long run. Yet when faced with the current statewide budget deficit, Texas lawmakers may be forced to cut drug treatment programs for prisoners--programs that prevent future drug possession charges--that have proven to yield big returns for little investment.

Although such programs are sometimes derided by critics as being "soft on crime," drug treatment in prison has been shown to address the root causes of many crimes, particularly when the inmates are released, leading former inmates to avoid the mistakes that got them incarcerated the first time. For example, a recent Newsweek article reported that when Texas increased funding for drug treatment programs in 2007, the prison population grew the following year at only one-tenth the expected rate.

No Cold Turkey for Inmates

Many people may think of prison itself as the ultimate drug treatment program. After all, aren't inmates going "cold turkey" the moment they enter their cell?

Not so, say prison experts.

Prisoners have many means of getting drugs while in prison (often through the mail and in packages labeled as being confidential legal documents) which allow them to maintain their habits. Furthermore, opiates (such as heroin, morphine, and oxycodone) effectively "re-wire" the brain, creating a dependency that persists after the prisoner is released if not effectively treated while in prison.

If drug treatment in prison is both important and successful, why is it on the chopping block? One reason: it's an area of the state budget that is truly discretionary. Over half of the Texas budget comes from sources that dictate how the money is spent, such as highway funds, bond proceeds, and federal money. Much of the remaining general revenue is spent according to state laws, regulations, court orders, funding formulas, or the state constitution. That leaves only about $17 billion dollars that is truly discretionary--an amount roughly equal to current estimates of the budget shortfall.

Moreover, when it comes to cuts to the prison system, the public will not look favorably on cuts that would conceivably affect public safety, making drug treatment cuts all the more attractive. Despite this, cutbacks to staff--including prison guards--are being considered. After largely escaping the call from Governor Perry in the spring of 2010 for state agencies to unearth a 5 percent in savings to be passed on to the next biennial budget, the Texas Department of Criminal Justice may face cuts of 10 percent when the legislature takes up the next budget in January of 2011. That could mean a savings of $564 million, but the loss of as many as 4,700 employees, the bulk of which are prison guards and parole officers.

Against this backdrop, proven drug treatment programs that reduce crime committed after incarceration (and reduce recidivism) could nonetheless be cut. Few other prison programs could be cut, such as food and housing conditions for inmates, without giving rise to civil rights lawsuits by prisoners. And politicians are reluctant to support early release programs lest they be perceived as "soft on crime."

Related programs facing cuts include prison clinics, which would stop providing over-the-counter drugs like aspirin, and would also cease giving inmates a 10-day supply of their prescription drugs upon release. Inmate dental and mental health services could be reduced, and routine HIV and Hepatitis C testing would also be suspended.

A third DWI conviction is a felony. In Texas, a significant portion of the prison population is incarcerated for DWI. Unfortunately, DWI and alcohol treatment programs are also among those programs that face cuts.

Empty Beds

One bright spot is that after years of spending on prisons (the correctional system tripled in size in the 1990s), Texas now has roughly 2,000 empty prison beds, according to the Dallas Morning News.

State Rep. Jim McReynolds, who chairs the House Corrections Committee, has championed drug treatment and rehabilitation programs. In the same Dallas Morning News article, he indicated that these treatment programs' record of success--including empty prison beds--can drive the budget conversation.

Another ray of hope for these drug treatment programs is that much of the cost is borne by federal block grants--sometimes as much as 85 percent, according to the Abilene Reporter-News. Thus, the legislature would lose 17 federal dollars for every three state dollars cut from prison drug treatment programs.

Article provided by Law Offices of Jed Silverman
Visit us at www.jedsilverman.com