A view from the streets to the courtroom: Idaho judges are getting it right

There’s been a lot said about Idaho’s prison population, most recently in the Idaho Statesman article published on Oct. 3.

What Idaho’s prosecutors and law enforcement agencies want is for you to be safe. We want the Idaho Department of Correction to have resources and treatment programs needed to rehabilitate inmates. We want inmates who are a danger to the public not to be released until they no longer pose a risk to the public.

Identifying offenders who represent a risk to the community cannot be accomplished by generalizations, which label certain offenders “nonviolent.” Each case is unique. It is irresponsible for the criminal justice system to look only at the crime of conviction when assessing the risk an offender poses to the community.

Every study of Idaho’s prison population has repeatedly shown that Idaho’s judges are getting that assessment right.

Judges determine whether to sentence offenders to prison. They assess risk to the community based upon detailed information about each offender, the facts and circumstances of the case, the offender’s criminal history, prior rehabilitation efforts, current rehabilitation needs and impact to victims. Judges’ sentences are structured to give the parole commission discretion to release offenders upon parole eligibility only when they are ready.

Let’s talk numbers. On July 10, IDOC reported there were 1,245 inmates in prison for illegal drug offenses, which represents 18 percent of the prison population of 6,754.

Idaho’s prosecutors examined all 1,245 cases. Of those, 258 were convicted for drug trafficking, dealing and manufacturing crimes, which Kevin Kempf, former IDOC director and executive director of the Association of State Correctional Administrators, agreed need to spend time in prison.

Of the remaining 987 inmates, IDOC data showed that 742 have felony convictions for previous crimes, leaving 245 inmates. We found an additional 97 of those inmates had prior felony convictions, including for robbery, child sexual abuse and rape.

That leaves 148 inmates on first-time felony drug possession convictions, or 2.2 percent, of the total term prison population. All but six of those 148 inmates (or .09 percent of the total term population) had rehabilitation opportunities prior to a judge imposing prison, including drug and mental health courts, retained jurisdiction treatment programs and felony probation.

Is that 2.2 percent of the population the defining reason Idaho’s prisons are overcrowded? No.

What is true is an alarming number of parolees released into the community are committing new felony crimes, including violent crimes. The Commission of Pardons and Parole has stated that 59 percent of parole violators come back before the commission on new felony convictions.

We support increased funding to IDOC for re-entry programs, supervised substance abuse treatment, rehabilitation programs, mental health treatment and strengthening parole services, so parolees contribute to society rather than committing new crimes.

The Idaho Legislature has daunting issues to address. We are here to help in ways that preserve public safety. To do that, we need to keep the numbers real, the issues focused and the conversation honest. Hopefully, by debunking the myth that nonviolent drug offenders fill the prison, we can focus on responsible policies, while keeping our community safe.