“Justice Reinvestment through Policy Analysis in South Carolina” South Carolina State Senator Gerald Malloy 1

South Carolina’s Traditional Approach to Criminal Justice South Carolina has had a “tough on crime,” not necessarily “smart on crime,” attitude. South Carolina has taken a “lock ‘em up and throw away the key” approach. 2

3 “We build prisons for people we’re afraid of. Yet South Carolina has filled them with people we’re just mad at.” - Newt Gingrich, former Speaker of the U.S. House of Representatives, and Pat Nolan, Vice President of Prison Fellowship

South Carolina’s Climate for Change South Carolina was experiencing a record number of violent and repeat criminal offenses. South Carolina’s court system was experiencing a record number of criminal cases. South Carolina’s prison system was experiencing a record number of inmates. South Carolina was experiencing a record recession, and a record low in resources. 4

South Carolina’s Sentencing Reform Commission The South Carolina Legislature established the South Carolina Sentencing Reform Commission. The Commission partnered with the Pew Center on the States, the Crime and Justice Institute, and Applied Research Services, in analyzing South Carolina’s sentencing data and generating policy options to reduce recidivism, hold offenders accountable, and maximize limited financial resources. The Commission utilized “evidence-based practices.” Such practices would only work in South Carolina after obtaining critical data and determining the actual drivers in the criminal justice system. The Commission made recommendations to the South Carolina Legislature based on consensus of the stakeholders and the Commission members. 5

“Omnibus Crime Reduction and Sentencing Reform Act of 2010” Among the recommendations, the Commission recommended and the South Carolina Legislature passed the “Omnibus Crime Reduction and Sentencing Reform Act of 2010”. The Act demonstrated that legislators could be “tough on crime” and also be “smart on crime.” The Act also demonstrated that evidence-based practices can increase public safety and save money at the same time. 6

South Carolina’s Sentencing Reform Successes Since implementation of the “Omnibus Crime Reduction and Sentencing Reform Act of 2010”: South Carolina’s prison population has been reduced from approximately 24,600 inmates to 23,200 inmates, and continues to decrease. This population reduction has resulted in South Carolina’s ability to close at least one prison; Parole and probation compliance revocations have been reduced approximately 36%, and continue to decrease. The reduction in revocations has resulted in an approximately 39% decrease in the number of persons on parole or probation being re-incarcerated for technical violations; South Carolina’s violent crime rate has decreased approximately 9.8%, and continues to decrease. 7

South Carolina’s Sentencing Reform Successes Since implementation of the “Omnibus Crime Reduction and Sentencing Reform Act of 2010”: Total State Expenditure Savings = $4,229,456. Marginal State Expenditure Savings = $1,067,630. (A marginal rate is used to account for the variable costs averted such as food, medical expenses, and fixed expenditures.) 8

South Carolina’s Sentencing Reform Reinvestment The South Carolina Sentencing Reform Oversight Committee recommended that the $1,067,630 marginal state expenditure savings be appropriated for reinvestment in sentencing reform measures as required by the “Omnibus Crime Reduction and Sentencing Reform Act of 2010.” These measures include: (1) implementation of evidence ‑ based sentencing practices not previously funded; (2) increasing the availability of risk reduction programs and interventions, including substance abuse treatment programs, for supervised offenders; and (3) grants to nonprofit victim services organizations to partner with the State agencies and the courts to assist victims and increase the amount of restitution collected from offenders. The South Carolina Department of Corrections and the South Carolina Department of Probation, Parole and Pardon Services have begun implementing these measures in

Sentencing Reform in South Carolina If you are interested in learning more about sentencing reform in South Carolina, or you would like to view documents referred to in this presentation, go to the following website: 10