The difficulty in finding a solution to Michigan’s prison population problem is not from a lack of political will or a shortage of reform ideas. A range of high-profile groups, including Governor Granholm, Michigan Legislators, nonprofit organizations and business groups have proposed reforms. What is lacking is a common understanding of what caused Michigan’s prison population growth.
Believe it or not, Michigan’s prison growth was not caused by crime rates, but by policy choices that increased the average prisoner length of stay. Consider Michigan’s prison system as a bathtub.The flow of water into the bathtub, new commitments to prison, has been relatively constant since 1989, but the flow out each year, has decreased. This decline in releases resulted in an increased average prisoner length of stay, now over a year longer than the national average.
The driving force behind Michigan’s longer prison stays is the unique discretion afforded to the parole board. Specifically, the parole board decides at what point between the minimum and maximum sentence each prisoner is released. The catch is that, there is a wide range between the minimum and maximum sentence.
For example, the average minimum sentence in 2007 was 4 years, while the average maximum was 14 years. This, along with a doubling of parole denials for violent and sex offenders, which now represent 68% of Michigan’s prison population, caused the increased length of stay.
To reduce Michigan’s prison population the state must safely reduce the average length of stay by limiting parole board discretion. The Department of Corrections has already made sizeable progress with administrative changes resulting in a reduction of over 2,000 prisoners since 2006. However, history dictates that it only takes one high-profile crime committed by a parolee to reverse reform. Thus, a reduction strategy must be supported with specific statutory changes.
Towards this end, I recommend the following steps:
Limit Parole Board Discretion – The state should enact a statutory presumption that parole will be granted to prisoners whom have served between 100 and 120% percent of his or her minimum sentence, unless objective risk-assessments tools indicate the prisoner is highly likely to re-offend. The state should also limit the time served to 9 months for parole technical rule violations, for which some individuals serve as many as five additional years.
Reexamine Sentencing Policy – While politically unpopular, it is time to reexamine sentencing policy in Michigan, including sentencing guidelines, truth-in-sentencing and good-time credits.
Think long term – Given that it took Michigan 30 years to reach the all-time record prison population, policymakers should think in five-year intervals when planning and evaluating corrections reforms.
Reinvest savings in the community – Investing savings from corrections reforms into education and law enforcement is key to combating the underlying issues of crime and unemployment in Michigan.
Matt Johnson is the Upson-Miller Fellow with the Citizens Research Council of Michigan.<
