For the first time in nearly a decade, the population of the Federal Bureau of Prisons (BOP) has fallen below 200,000. The drop is historic because it represents a nearly 10 percent reduction from its peak of 219,000 in 2013. Perhaps even more noteworthy is that this decline happened over a period of time when the federal prison population was expected to keep growing.
How did we get there? A combination of players — Congress, the Justice Department and the U.S. Sentencing Commission — have all had a role, driven by efforts to correct inequitable and overly punitive sentences for drug offenders.
One of my most meaningful accomplishments as a member of Congress was laying the groundwork, in partnership with colleagues on both sides of the aisle, for the passage of the Fair Sentencing Act in 2010, which reduced the sentencing disparity between crack and powder cocaine. Since then, the number of sentenced crack offenders has dropped sharply, and their average sentences are lower and more commensurate with the crime.
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A few years later, former Attorney General Eric Holder announced the Smart on Crime initiative, which included a directive to federal prosecutors to focus on the most serious drug cases and refrain from charging offenses that carry mandatory minimum penalties in less serious ones. Since then, the number of federal cases for low-level drug offenses has declined, and the share of those charged with offenses carrying mandatory minimums dropped dramatically.
Most recently, the U.S. Sentencing Commission made a 20 percent downward adjustment to mandatory minimum sentences for drug offenders. “Drugs Minus Two,” as it’s called, was applied retroactively, and is behind the recent release of 6,000 federal prisoners, with several thousand more standing to benefit from reduced sentences in the coming year.
These incremental changes that led to the recent decline in the federal prison population are steps in the right direction. A new Prison Population Forecaster developed by the Urban Institute for the Colson Task Force on Federal Corrections shows that by 2016, the population is expected to dip to around 194,000 inmates. These reductions will give the BOP considerable breathing room, generating savings that can be reinvested in the needed programming, treatment and supervision to prepare prisoners for release.
As states like Utah have recently shown, reinvesting prison dollars into programs is very much in the interest of public safety. Recent reforms adopted there are expected to eliminate almost all projected state prison growth over 20 years, save more than $500 million, and redirect nearly $14 million into strategies to reduce recidivism, according to the Pew Charitable Trusts.
Problem solved, right? Not quite. The federal prison population forecaster also projects that by 2023, we’ll be right back where we started, with a population over 206,000.
How? Simply put, those convicted of federal crimes are still getting extremely long sentences, and those sentences pile up over time. We’re talking about sentences of 10-20 years behind bars, sometimes even longer. These sentences dwarf those at the state level, and are many times greater than those meted out by judges in other western countries.
Yet there’s not one published study that documents an additional public safety benefit from extremely long sentences. To the contrary, a U.S. Sentencing Commission analysis found no difference in recidivism rates between those released two years early and those serving their full sentences.
This sneaking uptick is why further reform is needed. And one thing that’s clear based on the history of federal corrections is that these reform efforts must be codified. Smart, evidence-based justice policy shouldn’t change with administrations or political climate.
Fortunately, lawmakers on Capitol Hill are on the case with criminal justice reform bills in motion in both chambers aimed at addressing overly long sentences for drug crimes. The congressionally established Charles Colson Task Force on Federal Corrections — comprised of members from both sides of the aisle and representing the views of policymakers, judges, prosecutors, defenders, faith-based programs and corrections officials — is working on its own set of recommendations that will complement and expand on these reforms. The task force’s report will be released in January of next year.
With any hope, the efforts that brought us to this historic dip in the federal prison population will continue. Not just because it’s good policy (it is), but because with the exception of the most dangerous of criminals and the most odious of crimes, it’s a colossal waste of human capital to remove people from society for a decade or more. And it’s tremendously damaging to the families and children left behind.
J.C. Watts is chair of the Charles Colson Task Force on Federal Corrections, and a former Republican member of the U.S. House of Representatives from Oklahoma. Thinking of submitting an op-ed to the Washington Examiner? Be sure to read our guidelines on submissions.
