MBA / FEATURE
Alternatives to Incarceration in Montgomery County By Scott C. McIntosh, Esq., MBA Criminal Defense Committee Vice-Chair
E
ven those of us that do not practice criminal law may have noticed the pendulum swinging away from “get tough on crime” towards a “get smart on crime” philosophy. Our legislature has recently continued the trend to prioritize and advance alternatives to incarceration for nonviolent offenders and has authorized early release mechanisms for prisoners who meet eligibility requirements. These measures also include efforts to scale back certain sentencing provisions and returns to prison for probation and parole violators. These evidence-based practices amount to cost savings which allow for reinvestment back into other aspects of the criminal justice system, including treatment and local law enforcement. RIP, SIP, RRRI, Boot Camp, Drug Court, Behavioral Health Court and Veterans Court are all available right here in Montgomery County to address the root cause of criminality
and to alleviate our ever-increasing prison population. Senate Bill 100, approved by the Governor on July 5, 2012, has expanded on these sentencing provisions. Offenders convicted of certain low quantity drug trafficking offenses, including low tier mandatories, may now be sentenced to county intermediate punishment. SB 100 also authorizes eligible offenders to receive a RRRI (early release) minimum sentence even if a mandatory sentence is authorized. The bill also widens the net of eligibility for the underutilized treatment-based SIP program and increases the age limit for Boot Camp to age 40. Additionally, the Safe Community Reentry program was created to ensure successful reintegration and reentry of parolees back into the community by coordinating services such as housing, health care, education and job training. SB 100 also added a section to Title 42 (§9771.1) which allows common pleas courts to establish a program to “impose swift, predictable and immediate sanctions” on probation violators under supervision for drug-related crimes. The program requires drug testing, a violation hearing within two days, and, in lieu of revocation, sanctions of three days jail time for a first violation,
SIDEBAR
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SPRING 2013
seven days for a second violation, fourteen days for a third violation and so on. As many of the inmates in our prison are probation violators, perhaps this new law will become a viable solution in our county soon. Much of the crime in the county is in some way related to drugs and alcohol. As the nation shifts away from the infatuation with long-term incarceration as the perceived solution to drug addiction, problem-solving courts, such as Drug Court, have been tremendously successful in both reducing recidivism and prison populations. There are now over 2,600 drug courts nationwide, almost one for every county in the U.S. Treatment, combined with structure and intensive supervision, has been effective in reducing addiction-fueled crime. Similarly, Behavioral Health Court diverts the mentally ill away from the prison system and into the treatment setting. And with almost a million veterans in Pennsylvania, Veterans Court offers a more appropriate disposition and a unique way to address the needs of veterans involved in the criminal justice system. Our elected representatives across the political spectrum are now encouraging the defense bar, our colleagues at the District Attorney’s office and our judges to think “outside the cell” when analyzing the appropriate remedy to criminal behavior. By considering all of the relevant circumstances of an offense, we must assess not only the risks, but also the needs of an offender in an effort to reduce future criminality.