Thursday, April 11, 1996 | 11:59 a.m.
THE Legislature's crackdown on crime has run headlong into the state prison system, leaving voters wondering what, if anything, can be done to stop the violence.
The state Division of Parole and Probation is allowing early releases of inmates since prison cells are filling faster than anticipated. The culprit seems to be the "truth in sentencing" law passed last year that established minimum terms and eliminated time off for good behavior.
"Truth in sentencing" was part of the Legislature's get-tough package toward crime. Voters have expressed increasing frustration with early releases of violent criminals. Legislators, in turn, have been grinding out tougher bills in recent sessions.
But "truth in sentencing" may have been so successful, that it has defeated its purpose. Prison officials are saying financial needs were not taken into consideration when the bill was passed. Slowing the parole process, coupled with less sympathetic sentencing judges, have placed inordinate human and financial pressure on the prison system.
Alternative sentencing, house arrest and life skills programs, were supposed to draw nonviolent prisoners from the system. But those programs are not up to speed and have failed to keep many inmates out of prison.
The upshot of all this is that parole policies before the 1985 law was enacted are again in effect, defeating the intent of the law. This leaves bill sponsor Mark James, R-Las Vegas, furious. He claims the law could not have had such an effect on the prison system after only six months. The prison population was supposed to decrease in the first two years, not go up.
It appears that prison representatives and legislators did not communicate well during the last session. Alternative sentencing was to absorb nonviolent prisoners, but now cannot do so. Removing nonviolent inmates from prison was supposed to keep the budget from increasing, but did not.
Even the intent of the law is in dispute. James insists the legislation was to ensure longer sentences. But Ray Sparks, head of the Parole Division, says "truth in sentencing" was not intended to lengthen sentences, but to make it clear how much prison time was to be served.
All this should make good listening at the May 8 meeting of the state Sentencing Commission in Las Vegas. Regardless of the outcome, one thing is clear: Tough crime bills won't work without an ample number of cells or detention spaces. Future legislation should ensure everyone is on the same wave length and that prison space will be available before imposing tougher penalties for crimes.
There's no such thing as discount justice.
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