Journalist and critic H. L. Mencken said, “For every complex problem there is a solution that is clear, simple and wrong.” The problem is crime and public safety. The solution, for half a century, has been incarceration. Despite prison not solving the problem, we imposed longer sentences, criminalized mental illness and addiction, and passed three strikes laws. Now, we have become the Incarceration Nation with more people behind bars than any other country in the world, even more than China or Russia. With 5% of the world’s population, the United States holds 25% of the world’s prisoners, some 2.2 million people.

Also read: COUNTERPOINT | Local justice solutions succeed

Consistent with this national trend, Colorado is the State of Incarceration; with approximately 35,000 people behind bars, we have an incarceration rate eight times higher than any European country. Colorado’s Corrections Budget has exploded from $45 million in 1970 to almost $1 billion today.

Has this unwavering commitment to incarceration succeeded? Are we safer because of mass incarceration? Do long sentences deter re-offending? Do prisons rehabilitate criminals? With 50% recidivism, exponential budget growth and disproportionate minority impact, I submit that the answer is a resounding, “No!” Prison is the clear, simple and wrong solution to the complex problems of crime and public safety.

As a legislator, I have advocated for restorative justice as an effective alternative or supplement in suitable cases. Restorative justice looks at crimes as a breach of the relationship, the social contract, between the offender, the victim and community. It is a voluntary, victim centered process that starts with acceptance of accountability, then offers an opportunity for the parties to meet face to face. Guided by a trained facilitator, offenders hear how their offense impacted the victim, directly from the victim and community.

Having participated in hundreds of victim offender conferences, I know that, for most participants, the experience is transformative. Offenders change because they develop empathy. After acknowledging accountability, they repair the harm to the victim and rejoin their community.

Colorado already has an extensive legal framework for restorative justice. It is available for most offenses, petty, misdemeanors and serious felonies. It has proven successful in all settings. In Colorado pilot programs, a thousand juveniles were diverted to restorative justice and 95% succeeded; they attended dialogues with their victims, reached and completed repair agreements and less than 9% reoffended.

Restorative justice has succeeded with serious felonies by enabling responsible parties to accept accountability and victims to begin healing. The greater the harm, the greater the potential for healing. In a recent fatal drunk driving case, a mother who lost her son met the driver in an RJ circle. They connected at a deep personal level and after release, collaborated to present to groups about impaired driving.

Restorative justice is effective because it addresses shortcomings in the criminal legal system. Understanding that punishment rarely changes behavior, restorative justice is premised on Maslow’s hierarchy of needs, specifically the need to belong to community. It provides opportunities for reintegration into community. Atonement and redemption occur through repairing the harm. Whereas the criminal legal system stigmatizes responsible parties, RJ treats people with respect and dignity. It empowers victims by focusing on their needs, enabling them to ask questions of the responsible party and allowing them to participate in setting consequences.

Restorative justice should be expanded as the first option for appropriate cases. In addition to criminal, it can be used to address other harms such as neighborhood disputes, corporate misconduct, environmental disasters or grievous societal wrongs. Restorative justice promotes individual responsibility, repairs harms, contributes to victim healing, reduces reoffending, saves money and builds community. It is the clear, simple and right solution to address harms in our communities.

Pete Lee, a Colorado Springs Democrat, represents District 11 in the Colorado Senate. He is chair of the Senate Judiciary Committee and practiced civil and criminal law in Colorado Springs for over 30 years. Special acknowledgement to Liz Porter-Merrill, Colorado state public defender, for her contribution to this commentary.