Virginia and Michigan win the Pennsylvania lottery

"Congratulations, Virginia and Michigan! You've just won millions of dollars from the commonwealth of Pennsylvania! All you have to do is house 2,000 of our inmates for about three years. How do you feel?"

It's a deal. The PA Department of Corrections will move 2,000 of its inmates to prisons in Michigan and Virginia, beginning in February. The move will cost PA about $135 million.

This is happening because prisons in PA are over capacity by about 7,000 inmates. While Michigan and Virginia hold our inmates, construction crews will be busy building four new state prisons here in our commonwealth. The construction costs alone will be nearly $1 billion.

Why is this happening? While groups like the ACLU of PA, the Pennsylvania Prison Society, and our allies have been advocating for years for alternative ways to deal with offenders, especially non-violent offenders like drug addicts and persons with mental illness, the General Assembly has been led around by the nose by prosecutors who wanted an increasing level of punishment.

According to testimony given by DOC Secretary Jeffrey Beard last month before a state Senate committee, 55 percent of new inmates admitted into state prisons last year were non-violent offenders, largely people who committed drug or property offenses. We're locking up people who need help, not prison time. (See the testimony I gave at that same hearing by clicking here (pdf).)

Although the commonwealth and some counties have implemented some programs to help people with drug addictions and mental illness who find their way into the criminal justice system, they haven't gone far enough. New data (pdf) from the Pennsylvania Commission on Sentencing shows that mandatory minimum sentencing has no impact on recidivism and deterrence and that most people can't even name an offense that carries a mandatory. The commission study recommends repealing or at least shrinking the drug-free school zone mandatory and increasing the minimum quantity of cocaine necessary to kick in a mandatory.

No one solution is a magic bullet to solve the problem of Pennsylvania's crowded prisons. But with the state corrections budget approaching $2 billion annually, in the midst of a financial crisis, the legislature cannot continue to stick its collective head in the sand. It's time to start listening to the ACLU of PA and our allies.

Andy in Harrisburg

Secretary Beard, what's the secret?

The Department of Corrections is the second-biggest line item in the state budget, but for some reason, the DOC thinks it's the CIA.

Last week, the ACLU of PA filed suit against the DOC under the Right to Know law. Prison Legal News had submitted a RTK request for successful litigation against DOC, including tax dollars spent to settle lawsuits. The DOC responded by claiming that the request would require 35,000 pages to be copied and more than $8000 in copying costs. Our press release on what went down is here.

I also learned last week that the DOC had denied a RTK request by the American Friends Service Committee. AFSC wanted a copy of the DOC's policy on the use of the restraint chair, which is used- and sometimes abused- in prisons to subdue inmates.

And today the DOC huddled (and cuddled?) behind closed doors with the state House Judiciary Committee. For several weeks, this event had been posted as a public hearing. Last week it was downgraded to an informational meeting, and the word got around that the meeting would be closed. It was a surreal sight seeing House security guarding the door and checking ID badges of those heading into the meeting.

All of this begs the question: What's the big secret at the Department of Corrections? Apparently, the department did not get the memo about the new era of open government. County prison boards must face the public on a monthly basis. Why can't the DOC occasionally face the music from the public? And who is holding them accountable?

Let's be clear: Allegations of abuse and poor conditions in the state prisons may have merit or they may be overblown. But we'll never know if the DOC continues to operate in secret.

Andy in Harrisburg