STATE'S PRISON POPULATION UP 3.9% LAST YEAR

Second Only To California

Propelled by laws mandating longer sentences, Florida's prison
population grew last year by more inmates than any state's save
California, according to a federal report released last week.

The number of people incarcerated by Florida climbed to 75,210 in
2002, a 3.9 percent increase. Across the country, state prison
populations increased by an average of 2.4 percent.

Florida officials hailed the growth, which they placed alongside the
state's declining crime rate as evidence that extended sentences are
keeping would-be offenders behind bars.

But some experts say Florida stands increasingly alone in its
commitment to the tougher sentencing laws that filled prisons and
received credit for reducing crime during the 1990s.

Nationwide, tight budgets and rehabilitation activists are pushing a
growing number of states to revise their laws to reduce the number of
people confined at state expense.

States are "looking at making smart choices that preserve public
safety but reduce impact on the taxpayer and, in not a small measure,
increase the perception of fairness in the system," said Laura Sager,
executive director of Families Against Mandatory Minimums, a
nationwide advocacy group.

Michigan heads a list of states that have rewritten laws mandating
minimum sentences, particularly for drug-related offenses. The
Michigan law, which replaced 20-year minimums for some drug crimes
with case-by-case sentencing, is expected to save the state about $40
million this year.

Washington state, among others, has increased eligibility for early
release or parole. The state estimates it will hold 534 fewer inmates
in 2005 than it would have had without the early release program,
saving $43 million over the next two years.

And the two states with more prisoners than Florida -- Texas and
California -- are among a growing group that have started diverting
non-violent drug offenders from prison to treatment programs.

The California program, mandated by voters in 2000, sent 30,469 people
to treatment programs during its first year, according to a state
audit. The state saved $279 million.

"We know from the past 30 years that the lock-'em-up mentality hasn't
worked," said Whitney Taylor, who watchdogs the implementation of the
California program for the non-profit Drug Policy Alliance. "We've
paid all of this money to do nothing but warehouse them."

But California's crime rate inched up 2.4 percent last year, the
second consecutive increase after almost a decade of sharp declines.
Over the same period, Florida's crime rate declined 3.3 percent.
Nationwide, the number of crimes committed per 100,000 people declined
only 0.2 percent.

"We're experiencing the lowest crime in years, thanks to policies like
[ensuring inmates are] serving 85 percent of their time," said Jacob
DiPietre, a spokesman for Florida Gov. Jeb Bush.

DiPietre said the governor was committed to providing the Department
of Corrections with the funding it requires.

The bill has continued to climb. The department's operating budget,
closely tied to the number of prisoners, has increased from $1.5
billion in fiscal year 1998 to $1.74 billion for the current fiscal
year.

Bush requested an additional $100 million, but the Legislature slashed
the final appropriation in its effort to bring state spending in line
with revenues.

Meanwhile, the prisoner head counts have outpaced state projections,
reaching 77,316 by the end of June -- more prisoners than the state
expected to have in custody by the end of June 2004.

To avoid overcrowding, which under state law can lead to the early
release of some prisoners, Bush has promised to seek supplemental
funding for the department's operations. The governor also has pushed
to build more prisons.

While Florida's system stood at 95 percent of capacity according to
the federal census -- well below the 101 percent national average --
the most recent state budget includes $67 million for construction of
another 4,128 prison beds, including a new wing at the Columbia
Correctional Institute.

Supporters of California diversionary treatment law attempted to place
a similar amendment on Florida's 2002 ballot, but the Florida Supreme
Court ruled the measure constitutional only after the filing deadline
had passed. Amendment supporters say they have gathered 300,000
signatures, about half the number required, and may push for a place
on the 2004 ballot.

An analysis by the state's Office of Economic and Demographic Research
found the change in law would have saved the state more than $55
million a year.

But those potential savings have not swayed opponents. During the 2002
campaign, Bush joined with a long list of public health groups to
denounce the proposed amendment as a license to abuse drugs.

The governor has supported diversionary programs on a smaller scale,
including the drug court that sent his daughter Noelle to treatment
following her arrest on a non-violent drug offense in 2002.

The intertwining of the debates over drug policy and prison population
growth is a function of Florida's criminal demographics. Among inmates
who did not commit a violent or major property crime -- the group most
eligible for alternative treatment -- about three-quarters are in
prison for a drug offense.

Beyond population growth, a 1995 law requiring that prisoners serve at
least 85 percent of their sentences is the largest factor in the
growth of the state's prison population. The state also imposes
mandatory minimum sentences for many crimes, including some drug offenses.

Advocates of sentencing reform argue that confining non-violent
offenders is a waste of limited resources.

"My feeling on mandatory minimums is it's way too long for a non-
violent drug offender -- way too long," said Ruth Kelley, whose son
Joseph is serving a 20-year sentence for cocaine trafficking.

"I'm not saying that he's innocent," she added, "but I'm not saying
he's 20 years guilty."

But some advocates for other causes say reducing corrections spending
is not an appropriate way to free up money for other priorities.

Scott Ross, executive director of the Florida Student Association,
which represents state college students, said in tough budget times,
the state should reduce or end certain targeted tax exemptions.

"That's where money can come from," he said, "not (from) important
things like getting tough on crime."