The fallout from the Supreme Court’s ruling on California prisons has been predictable. Law and order politicians rail against “activist judges” who are meddling in California’s business (by protecting 8th Amendment rights and rejecting the ability for the state to continue killing its prisoners through negligence to their medical care). They claim that this order will lead to violent prisoners being let out onto California’s streets – think of your children! This is actually a part of Antonin Scalia’s dissent:
Most of them will not be prisoners with medical conditions or severe mental illness; and many will undoubtedly be fine physical specimens who have developed intimidating muscles pumping iron in the prison gym.
In reality, we know that the reduction in the prison population could easily be achieved without one release of a violent offender, simply through sentencing reforms.
The plan [PDF], filed with the federal court in November 2009, laid out a five-year effort that achieves its reductions mostly through sentencing reforms. The bulk of the population decrease is estimated to come within 18 months of implementation.
CDCR projected a 27,000 prisoner count decline just by adding “no-prison” felonies, alternatives to custody, a more generous credits system and far fewer parolees re-entering.
Of those, the biggest provision would designate seven felony offenses as bringing no more than 366 days incarcerated. That reform would mandate those convicted of the designated offenses (listed below) to serve their time in county jails, rather than state prisons, bringing the population down 11,815.
These are generally minor drug offenses or petty theft. That change alone gets you 1/3 of the way there, and reforms to the literally insane parole policy would probably equal that. 2/3 of all recidivism in California can be attributed to technical parole violations – things like missing a scheduled meeting.
The other part of the plan would be to shift non-violent, non-serious, non-sexual offenders
to county jails, part of a much broader realignment strategy to shift resources and responsibilities away from Sacramento and back to municipalities. Governor Jerry Brown is actually using this ruling to argue for an extension of tax increases to facilitate that shift. The prisoner shifts are actually tied to increased revenue in a bill, AB 109, signed by the Governor earlier this year.
Finally, California could help fix this Constitutional problem simply by implementing their own laws. Under a new law, the state can grant medical parole to terminally ill inmates and remand them to a hospital, paid for through Medicaid at a far cheaper rate than through the prison. We’re talking about prisoners in comas, or paraplegics, people who cannot possibly escape or threaten the populace. Despite the medical parole law passing last September, the parole board heard its first medical parole case yesterday. This has the potential of both saving the state millions of dollars and freeing up medical staff at the prisons so they can carry out the Constitutional duty of prescribing adequate health care.
So there are plenty of possibilities in the short-term to fix the problem. California lawmakers simply don’t want to hear about their own failure to properly provide Constitutionally legitimate incarceration. This has been a long time coming and this slap in the face from the Supreme Court was completely warranted.
California built all these prisons and kept passing tougher and tougher sentencing laws, most of which were absurd or unnecessarily harsh. But California didn’t seem to realize you actually have to pay for the costs of operating all those prisons. And as prisoners age, their health care needs increase, and you have to pay for those things too.
But California legislators thought they could have it both ways – they could score points with a late 20th century electorate by filling the prisons, and score points with the same electorate by not paying to maintain those prisons or care for the prisoners. This was an untenable situation, and it has finally blown up in Sacramento’s face.
Legislators may complain about mass release of prisoners, but they have had plenty of time to avoid doing so, and at every turn have chosen to ignore the underlying problems. The Supreme Court has finally, and rightly, said that this situation is nonsense and cannot continue.
I also agree with Robert Cruickshank that, unless the state adopts meaningful sentencing reforms, they’ll be back here all over again. Even the prison guard’s union, resistant to this for decades, understands this now. The status quo is unsustainable.




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Correct analysis David but here’s is some of what it’s up against:
“Gov. Jerry Brown wants to house low-level offenders and parole violators in county jails instead of prison. Dumanis said Brown’s approach falls short of providing enough resources for additional prosecutors, programs and facilities.
Brown launched his proposal, which would shift hundreds of millions of dollars a year with the prisoners, earlier this year. He signed it into law last month, but it’s stalled without legislative budget approval.
Dumanis said she doesn’t know what San Diego County’s shortfall might be, but emphasized: “There’s definitely not enough funding set aside.”
From here
And ,FWIW, Dumanis is who happens to be lesbian and is angling for the Mayor’s job and is deadset against medical marijuana.
But we have great weather in San Diego County.
I love it. A “technical” parole violation, like missing a meeting. Yeah, no big deal. Except when the guy missed the meeting because he was out robbing somebody, or doped up on meth, etc.
I’m all for legalizing drugs, but until we do, the drug culture is going to drive lots of crime, much of it violent. And putting all those felons back on the street is going to cause the crime rate to skyrocket, esp. in this job-poor economy.
Everybody likes to ridicule MSNBC’s weekend “prison porn” but take a look at the inmates portrayed. (Granted, they often pick the most “entertaining” or menacing) but many of even the lesser offenders are career sickos. You put those folks back on the streets and they’re going to commit more crimes.
When Texas faced a similar federal court order in the ’80s, it did indeed result in a crime wave as many dangerous inmates were released – including a one man crime wave dubbed “the Heights rapist” and some guy called “The animal”, who promptly killed a few people upon release.
The prison spokesman would then come out and sorrowfully claim that TDC had had no choice, that they were already “scraping the bottom of the barrel” and that they were only letting go “the best of the worst.” The script never varied over a period of years.
Until the legislature approved the massive expansion of the prison system desired by our prison-industrial complex, that is. We went from 37,000 inmates then to over 150,000 today in a decade or so.
I hesitate to say this because it sounds totally paranoid to those unfamiliar with how things work in the real world, but some inmates are a real pain in the ass, born troublemakers. They will never conform to the simplest rules and – without doing anything heinous enough to get another criminal case – just generally make a real nuisance of themselves. Trust me on this (or not), the prison system is just as happy to get rid of such individuals as your local “Y” would be. Everyone knows they will be back soon anyway.
And if there is a political agenda involved, prison officials know how to insure that every release generates a crime wave. They also know how to avoid that if they choose.
So take this comment with however many grains of salt you wish, California. I hope Texas history doesn’t repeat there. Just consider this a “heads up.” Now you know what to look out for.
Obviously you didn’t read the link I provided: “Gov. Jerry Brown wants to house low-level offenders and parole violators in county jails instead of prison.”; no rapists or violent offenders.
And yeah, CA sure doesn’t want to do what Texas does; State with the highest levels of air pollution, textbooks centered on non-history and facts, highest rate of State sanctioned murder, and jury rigged voting districts. And, FWIW, I lived there during the 90′s and traveled all over the State for my job.
During the period I described, every county jail in the state was filled to overcapacity. It got to the point that county jails were under their own court orders and suing the state to take their convicted felons. One sheriff even took several busloads and chained them to the fence at one unit.
What Jerry Brown says he wants and what actually happens are not necessarily the same thing. Has anyone checked to see if county lockups actually have that much capacity? Especially if California keeps incarcerating at the same rate it has been. Thus far, what you have is proposals and nothing else.
And last, I don’t get the hostility. Never have I presented this state’s leadership as a shining example, providing a sterling example to be closely followed. On the contrary, I provided a warning, based on avoiding the history here.
I agree with the idea that sentencing laws are often ridiculous, but remember that to get to prison a person has to either do something really serious, or do LOTS of less serious things. Calling mountains of small crimes petty is a disservice to the victims. I would add to this that our corrections policy is flawed and designed to ensure that recidivism is built in. This is because California policy is punishment, not rehabilitation. Punishment as policy only makes sense if you never plan to allow someone out again. Besides, many people in prison have inadequate education or the work ethic/experience to make a decent living once they are released(I know, I know, it’s their fault). The point is that at some time most of those folks are going to be out on the street again, and they aren’t going to be satisfied to be homeless living in the river bottoms eating grubs. If tens of thousands are released over the next two years, we’ll be flooded with under-educated people carrying felonies which prevent them from holding many jobs in the first place. They will have nowhere to go but back to crime because the State has done nothing to retrain them, re-educate them, reform them, or rehabilitate them. We have not established industries in which they could find a living wage. So, many will make a living wage in crime, the only way they know how. Many will go onto disability costing the state even more money, while they supplement that income with crime. Many will go right back to drugs (which they don’t always leave behind in prison). The release for many will be temporary (momentary) so put some oil on that jail turnstile because it’s going to get a workout, as are the courts, local law enforcement, and county jails. Politicians would rather point fingers as usual than address the basis of the problem, that being the terrible California secondary education system (caused in part by teacher unions) and harsh California sentencing laws (befitting prison guard unions).