Re-Imagining Corrections and Justice Reinvestment
Remarks by Hon. Will C. Smith, Jr., Chairman, Judicial Proceedings Committee
Senator Smith began by highlighting four major points related to policy reform and the
legislative process:
- Have a vision and pursue it vigorously. Every year, thousands of bills are brought
forward, and most go nowhere. Each legislator should think strategically about what can be accomplished in the course of a four-year term. - Be radically inclusive. See who isn’t at the table for policy making; invite them in and
make them comfortable. - Show receptivity and humility. Make it clear that you don’t have all the answers and need people to work with you and share their perspectives.
- Be reflective. Take time to understand what you are hearing. Pay attention to trend lines and not headlines. Know that you will receive a lot of criticism, and some of it will be merited. Keep listening.
A major step in reform was the passage in 2016 of the Justice Reinvestment Act (JRA), which aimed to maximize public safety by investing in strategies to reduce unnecessary incarceration and increase spending on crime prevention (for example, by increasing funding for drug treatment). In 2022, the prison population was reduced by an impressive 14 percent, in part because of COVID and in part because of JRA-driven reforms.
Disparities certainly persist in Maryland’s correctional system. A major focus is intervening to help people with mental health or substance abuse issues before they are incarcerated. The potential savings from effective programs is quantified in millions of dollars. People with mental illness are more likely to be arrested, and when this occurs, they stand to lose benefits, housing, and social connection. The percentage of people in prison with mental illness is 4 to 6 times higher than in the general population (Wolff, 2017).
A promising approach to end the revolving door for people with disorders is the Sequential
Intercept Model, in which people with substance use or mental health disorders are referred to support systems rather than to prisons. However, in Maryland, treatment facilities are full, with many on the waiting list. The Chief Justice has convened a group to work with the Department of Health to develop a framework for legislation that would increase collaboration among agencies to address persistent problems.
Questions:
DPSCS is chronically understaffed and lacks sufficient correctional officers. Recruiting
18-year-olds is not the answer. What can be done to incarcerate fewer people for shorter terms to alleviate this problem?
Senator Smith acknowledged that there is a bill under consideration to lower the age threshold for correctional officers to 18. He is not inclined to support it. He believes in finding alternatives to incarceration and shrinking the prison population.
