Fiscal Pressures Lead Some States to Free Inmates Early

New Jersey is one state making changes out of a desire for more efficiency. Gov. Jon S. Corzine (D) is proposing legislation to expand drug courts to channel more nonviolent, first-time drug offenders into treatment instead of prisons, and also to expand supervised parole. Another proposal would change the parole policy so parolees were not automatically returned to prison for minor drug offenses, said Lilo Stainton, the governor's spokeswoman.

She said that in New Jersey's case, the changes are not budget-driven. "We think this is a more humane and sensible way to treat people," she said.

Michigan is grappling with a massive prison population, mainly because "truth in sentencing" rules make the state less generous about granting paroles. Michigan's incarceration rate is 47 percent higher than that of the other Great Lakes states, according to experts.

Michigan has become one of the few states that actually spend more on prisons than on higher education -- about $2 billion for prisons, and $1.9 billion in state aid to its 15 public universities and 28 community colleges. "It's insane," said Barbara Levine of the Citizens Alliance on Prisons and Public Spending in Lansing. "The governor is always talking about how we need to be high tech. But these days, the best career opportunity is to get a job as a prison guard."

In fact, according to Thomas Clay, a prisons and budget expert with Michigan's nonprofit Citizens Research Council, the state government employed 70,000 people in 1980, including 5,000 working for the prisons system. Today, the number of state workers has dropped to 54,000, but 17,000 work for the prisons.

"You've got two decades of failed policies," said Laura Sager a consultant in Michigan for Families Against Mandatory Minimums. She said mandatory sentencing laws and tough penalties for drug offenses in the 1980s "bloated prisons and prison populations, and the taxpayer is paying a very high price."

Now with states struggling with budget deficits, she said, "you have pressures that make it palatable to take a second look."

Surdin reported from Los Angeles.