My suggestion, to minimize prison overcrowding and the related costs.

My suggestion, to minimize prison overcrowding and the related costs, would be to give judges additional authority to individualize a defendant’s sentence.


1. If a conviction involves, or includes by history, assaultive/bodily injury or sexual misconduct, the options of jail, probation, prison, etc continue per existing law.

2. If a conviction is not for delivery or manufacturing a controlled substance; but involves, or includes by history, use of drugs and/or alcohol; all incarceration would be served in jail subject to a 'one year’ limitation. (The court would have available the maximum sentence allowed by law but could only impose up to one year in jail at a time.) For example OWI-3d; the possible maximum sentence is 5 years. With outpatient counseling, inpatient, AA, blood alcohol monitoring a court can change behavior if given sufficient time (probation) and negative reinforcement (jail). The problem now is that we run out of jail time at the county level which leaves prison as the only incarceration alternative. Under my proposal, subject to a 'one year’ jail limit (the most that could be imposed at any one time), the circuit court could impose up to five years of jail over a five year period of probation for a person convicted of OWI-3d. A similar process could be utilized with the presently available rehabilitation and drug testing options for drug offenses. One additional safeguard also could be to increase the allowed period of probation.

3. If a conviction is for delivery or manufacturing a controlled substance or is not otherwise included supra; the court would have the authority to impose jail, probation, prison, etc per existing law. If prison is imposed, the judge would have the authority to impose a determinate (like the Federal system) or indeterminate prison sentence. The determinate prison sentence would still be per the sentencing guidelines, but would be a flat sentence with no parole. Sometimes all that is needed is a flat prison sentence to punish the wrongdoer and act as a deterrent.

 I also think we should use the FOC child support collections model in the criminal justice system whereby all monies paid go through the state and are then disbursed to the local governmental unity. It is extremely inefficient for every district and circuit court in every county throughout the state to have their own collection process. And for defendants to set up payment plans for multiple courts in the same county and in other counties throughout the state. I see so many defendants not in compliance going from jail to jail and then repeating the process in one continuous loop. Under this proposal, a defendant would pay x amount per month to the state and the same would then be disbursed to the local government units. Enforcement could be in each court or in the court with the oldest file.