Matthew Gever

Cash-strapped states are reeling: the number of inmates in U.S. jails or prisons has reached a new high—230 million, or more than one in every 100 adults, according to a new report by the PEW Center on the States. In some states, corrections consumes more of the budget than Medicaid or education.

The increase is driven by a number of factors, including policies like "three strikes" and added jail time for sometimes minor parole violations. But the rise also is driven by high rates of recidivism among people convicted of substance abuse-related crimes such as driving while under the influence.

Some states are successfully reducing their prison costs by finding alternatives to prisons for such offenders. "Don't build new prisons," Texas Representative Jerry Madden told other lawmakers at NCSL's recent Legislative Summit. "They cost too much."

The Lone Star State
In 2007, the Texas Legislature was told that its prison population was growing so fast that there would be a shortfall of 17,000 beds by 2012. Constructing new facilities to address that deficit would cost $523 million.

Instead of building a new facility, the state took $241 million of the prison budget and spent it not on construction, but on increased drug and alcohol treatment programs and efforts that divert people away from prison and into alternative settings.

"We basically took the ones (programs) we had and expanded on those because we saw we were getting (good) success rates, we just weren't getting enough successes," said Representative Madden. In the hopes that recidivism would be reduced, the state expanded its capacity for treatment to include more room for incarcerated prisoners, as well as those on probation and parole. Additionally, the state expanded its drug courts—special courts where judges with expertise in addiction decide whether to send to treatment or to prison a person arrested for a non-violent substance-abuse related crime.

State officials estimate that the expansion of treatment and diversion programs will eliminate entirely the expected 2012 prison-bed shortfall, and in the 2008-2009 biennium, will save the state over $430 million in incarceration costs. "How many of you would rather see money go to education or highways or tax reduction or something other than building prisons?" Representative Madden asked his fellow lawmakers.

Madden added that he would like see the treatment options expanded to include more medication assistance, such as Vivitrol, an injectable drug that blocks the pleasurable effects of alcohol or similar medications for opiate addiction. "If something is a program that does break the habit, there's an absolute place for doing that."

The Mount Rushmore State
"As a rookie prosecutor, I saw we were arresting the same people over and over and over," said South Dakota Attorney General Larry Long. Looking further into the issue, Long found that about 60 percent of felonies involved controlled substances or driving while under the influence.

The state's current treatment protocol for DUI convictions was not working, Long realized. Offenders typically would go to detox as a part of their sentence for short periods and then "come home from treatment and get drunk with their buddies," he noted. To stop the cycle,  the legislature in 2007 passed HB 1072, which established the "24/7 Sobriety Program," under the aegis of the Attorney General's office. The program monitors DUI offenders in an effort to ensure their long-term recovery from alcohol and drugs.

The program institutes a series of tests for those convicted of DUI in order to monitor their alcohol and drug use while on probation or parole. Most participants are subject to twice daily urinalysis at their local sheriff's office to determine whether they've used alcohol or other substances. Those who are in more rural areas where they cannot make these appointments without an onerous time commitment can opt for other forms of testing, such as an ankle bracelet or a patch that measures bodily emissions. Counties that do not have enough deputies to perform urinalysis on a regular basis also can request these that alternative tests be provided.

The legislature initially appropriated $345,000 to help pay for start-up costs and equipment. Participants pay for their own testing with fees ranging from $2 per day for urinalysis, to $40 for a 7-10 day patch or $140 a month for electronic ankle monitoring. The state has not had problems with affordability, given how much offenders would otherwise spend alcohol and drugs, said Long. Failing a test or not showing up can result in fines or prison time.

So far, the roughly 6,300 people who have gone through the 24/7 program have received over 1 million tests. About 99.3 percent of those tests have come up clean for alcohol or drugs. The state estimates that it has saved over $30 million dollars by keeping these people out of jail. "People don't change when they see the light," said Long. "They change when they feel the heat."