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Thursday, November 21, 2024

DeSantis vetoed criminal justice reform. What’s next for Gainesville and beyond?

Alachua County leaders and policy analysts discuss criminal justice reform in the sunshine state

<p>Prisoners and their families are now able to communicate through free phone calls.</p>

Prisoners and their families are now able to communicate through free phone calls.

In the halls of Tallahassee during Summer 2024, bipartisan legislation designed to reduce recidivism, ease reentry into society and reduce the financial burden on families of incarcerated individuals were all struck down at the pen of Gov. Ron DeSantis.

The governor insisted the bills rewarded “criminal activity” and gave advantages to those who have broken the law over law-abiding citizens.

From enabling former inmates to qualify for in-state tuition upon release, to preventing the automatic reincarceration of parolees for non-violent parole violations and reducing the waiting period for barber and cosmetology licenses for ex-convicts, Florida’s 2024 legislative session saw an unprecedented and extensive wave of criminal justice reform efforts.

Tachana Joseph Marc, a policy analyst at the Florida Policy Institute, advocates for measures like lifting the lifetime ban on SNAP benefits for ex-convicts and occupational licensing reform. She described the governor’s vetoes as part of Florida’s pattern of prioritizing punishment over rehabilitation.

"When you look at all of the other bills that have been vetoed since that one session, while also looking at some of the ones that were uplifted and ultimately got enacted, it tells a story," she said. 

Much of Marc’s criticism is based on Florida’s staggering incarceration rate — 795 per 100,000 people. The state locks up a higher percentage of its population than any independent democratic country in the world, according to the Prison Policy Initiative.

The consequences of this approach are widespread, with over 350,000 Floridians booked into local jails annually, overwhelming the system and burdening taxpayers, Marc said. 

“Common-sense policies that promote rehabilitation are either stalled or vetoed, while policies that enhance penalties are pushed through quickly,” Marc said. “These bills really offered a way forward — a better way for incarcerated people to get rehabilitated, a better way for us to approach incarceration altogether and a better way for elected officials to be better stewards of taxpayers’ dollars. It's just really misguided."

Marc emphasized these vetoed policies would have saved taxpayer money in the long run by reducing recidivism rates and lessening the financial burden on the Department of Corrections, which is currently facing an acute financial crisis.

Florida’s prison system needs $2.2 billion to stop its degradation, Marc said. The financial crisis has resulted in poor conditions.

"Most of the state's prisons haven't had any renovations since the '80s or even earlier, and the conditions are extremely bad, especially with Florida’s hot summer months,” she said.“Retaining staff is also difficult under these conditions.” 

Marc also highlighted the strain prolonged sentences place on both the prison system and state resources.

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"One of the most urgent issues is making sure people aren’t spending more time in prison than necessary,” Marc said. “Florida’s 85% rule, which requires non-violent offenders to serve 85% of their sentence, keeps people in prison longer, leading to an aging prison population and increasing healthcare costs.”

This has culminated in "pay-to-stay" laws, which require incarcerated individuals to pay for their time spent in jail or prison, similar to how someone would pay for a hotel stay.

These fees, often referred to as "incarceration costs" or "bed fees," can include daily charges for housing, food, medical care and other services — forcing formerly incarcerated individuals who have already served their sentences to pay for their prison stays, often long after release, regardless of their ability to pay.

“People are spending more time in prison than necessary, and that’s costly for everyone,” Marc said. “We’ve known for years that addressing root causes like mental health issues and substance abuse can save taxpayers money and create safer communities. Yet, these vetoes tell us that rehabilitation is not being prioritized.”

Studies have shown that addressing the root causes of recidivism, or the tendency to re-offend, requires extending connections beyond the concrete walls of prison.                                     “There's a direct correlation between incarcerated individuals maintaining closeness with their family and lower risks of reoffending once they’re released from jail. Maintaining those relationships helps them succeed when they’re done serving their sentence,” said Alachua County Commissioner Anna Prizzia. 

The success of the free phone call program in Alachua County — one of the first counties to pilot the initiative — highlighted the role that connection plays in reducing recidivism.                     Its implementation inspired state lawmakers to approve a $1 million pilot project to allow inmates with good behavior to make one free 15-minute call per month.

Despite this, the program's proposed expansion to $2 million, which would have been funded by an inmate trust fund rather than general taxpayer revenue, was vetoed by the governor during the 2024 legislative session.

Prizzia said the program provided incarcerated individuals an opportunity to maintain their connections while imprisoned, which can help with reintegration in the long run. The free phone calls program is a small example of removing barriers for those who may find integrating into society difficult, she said.

"We often create situations during incarceration that exacerbate people's problems,” Prizzia said. “When we release them, we don’t always have structures in place for them to successfully re-enter our community and become productive members of society again.”                          Beyond maintaining relationships, the ability to earn a livable wage post-incarceration is another key factor in preventing reoffense.

Kevin Scott, an ex-inmate and program director of Just Income at Community Spring, underscores how financial stability is crucial for reintegration into society.

Scott’s program, Just Income GNV, offers guaranteed income to formerly incarcerated individuals, helping them rebuild their lives. They face barriers to getting jobs, housing and mental health support, which the program tries to remedy, he said.

"They are expected to do extraordinary things with diminished opportunities," Scott said.        Scott said by maintaining connections with their families and support networks, incarcerated individuals are better equipped to manage life post-release.

Despite setbacks at the state level, Scott and other advocates remain committed to pushing for meaningful reforms that they say prioritize rehabilitation and human dignity.

"Even for someone who is incarcerated, that person still deserves dignity and respect and the opportunity to thrive in their lives,” Scott said. “Their families, who are also disproportionately impacted by criminal justice policies, deserve that too."

Contact Carlos Alemany at calemany@alligator.org. Follow him on X @clos_alemany

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Carlos Alemany

Carlos Alemany is a fourth year political science student and the Alligator's 2024 Criminal Justice Reporter. In his free time, you you may catch him thrifting or sketching in Gainesville.


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