August 5, 2009 2:55 PM

California Ordered to Cut Prison Population

By
Brian Montopoli
Topics
In The News
(AP Photo/Darron Cummings)
Citing an overcrowded prison system that has led to inadequate health care for inmates, a panel of federal judges has ordered California to reduce its prison population by 40,000 over the next two years.
That reflects a roughly 27 percent cut from the current population of 150,000.

The New York Times, which has a PDF of the court order, reports that "judges said that reducing prison crowding in California was the only way to change what they called an unconstitutional prison health care system that causes one unnecessary death a week."

The Los Angeles Times, meanwhile, notes that "[t]he order cited Gov. Arnold Schwarzenegger's own words when he proclaimed a state of emergency in the corrections system in 2006 and warned of substantial risk to prison staff, inmates and the general public, saying 'immediate action is necessary to prevent death and harm.'"

Judges gave state officials 45 days to come up with a plan for reducing the prison population; among their recommendations for doing so was lowering the number of nonviolent offenders who are incarcerated.

The judges said that "by changing parole practices and releasing some low-risk inmates to local custody, treatment programs or electronic monitoring, the prison population can be reduced 'without a meaningful adverse impact on public safety,'" the San Francisco Chronicle reports.

In an effort to reduce its crippling $26 billion budget gap, California had previously planned to reduce its prison population by 27,000, the New York Times reports. That decision was reversed after law enforcement and victims' rights groups raised objections.

"This is just the tip of the iceberg," said CBS News Chief Legal Analyst and Legal Editor Andrew Cohen. "There are other states which have big problems with overcrowding in prisons, problems exacerbated by the recession, which is forcing state legislators to cut the criminal justice budget even as they send more people off to prison. Attorney General Eric Holder just this past week noted that one in 100 Americans is now in jail."

The California decision, which is bound to spark fears about the implications of prisoners being released into the general population, will likely become a major issue in the state's upcoming governor's race.

One possible candidate, Attorney General Jerry Brown, said he would appeal the decision, as did Schwarzenegger.

Here's more background on the ruling from the New York Times:
The special three-judge panel described a chaotic system where prisoners were stacked in triple bunk beds in gymnasiums, hallways and day rooms; where single guards were often forced to monitor scores of inmates at a time; and where ill inmates died for lack of treatment.

"In these overcrowded conditions, inmate-on-inmate violence is almost impossible to prevent, infectious diseases spread more easily, and lockdowns are sometimes the only means by which to maintain control," the panel wrote. "In short, California's prisons are bursting at the seams and are impossible to manage."
As the Los Angeles Times notes, a legislative debate over prisons in the state is set for later this month.

"The governor and most legislative leaders back a plan that would reduce prison populations by as many as 37,000 over the next two years using a combination of early releases, changes in parole policies and shifting of some prisoners to county jails," the newspaper reports. "Debate on that plan will be contentious, with many Republicans opposed. But the judges' ruling means that defeating the plan would not only unravel a major piece of the budget agreement but also potentially cede decision-making over prison policies to the federal courts."

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by Kyle1965 August 5, 2009 9:49 PM EDT
This was coming whether a court ordered it or not. It's coming in other states too. We can't quadruple our incarceration rate and quintuple the number of people behind bars in less than 30 years and not have it cause us problems. Our incarceration rate was pretty much flat throughout the Twentieth century until we hit a new record in 1979 and a new record high every year since. Costs have exploded. We can't keep building prisons at the rate we've been building them. We've reduced crime some, but we only get small reductions in crime from adding huge numbers of prison beds and the more we do it the less return we get on our investment. We have got to start using our limited prison space wisely. If we had have been smart on crime rather than just tough on crime thirty years ago when this craziness started I bet we could have seen just as much reduction in crime without adding nearly as many prison beds. Unfortunately our criminal justice policies are based on much more on hysteria and emotions in general than science and facts. Hopefully the financial crunch will make us think more about how best to use our limited prison resources.
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by anthonytaurus August 5, 2009 5:53 PM EDT
I wonder if the people responding to this, thinking it's a bad idea, have any brains at all. First of all, there isn't one person in the United States that is NOT guilty of something. You either didn't get caught yet or you were let go. Google my name, then eat up the fact that I've NEVER been caught and have NO criminal record at all. So, don't worry about them committing crimes again. It can happen and it will happen.

It's incredibly stupid to believe that killers and rapists will get out first. However dumb that idea is, I also believe it's possible because the same fools who believe this can happen are the same fools who make these decisions. If that happens, then the people need to check their politicians. But, it's the people's fault because YOU voted them into office to make these bad decisions. If you didn't vote, it's still your fault.

Now that we've gotten the ignorance out of the way, it's a good idea. It's a smart idea. The greatest burden on the American taxpayer is law enforcement - prison industry, police payroll, etc. We all have to realize that these big interests are bleeding this nation dry. When we stop feeding into their mass hysteria, we'll be able to get back on track but not until then.

If they want to release prisoners then I agree with someone who said, release the illegals and send em packing. Someone also said to release the potheads so they can smoke in their parents' basement. Guess what they were doing when they got arrested, go figure! That alone should be the 40,000 they need to release.

But, they also need to alleviate the law enforcement burden by legalizing marijuana. Let's be honest, petty cops don't even go after hardcore criminals anymore. They chase the folks that sit in their parents' basement because marijuana makes you nonviolent and a "pacifistic", if I may use that word. We all know marijuana makes you sleepy. How is a half sleep person a threat to society? How is a pothead going to be a problem in your community? S/he brings around other people who are sleepy all the time too. Ooooo be scared. LOL
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by pw08-2009 August 5, 2009 4:52 PM EDT
Beautiful,

Our leadership in California is just so stinkin great.
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by stueysplace August 5, 2009 4:40 PM EDT
I have never understood what is accomplished by incarcerating law breakers when there are so many more constructive ways to deal with them.
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by pw08-2009 August 5, 2009 4:52 PM EDT
I agree,

We need to use the death penalty more.
by american_11-2009 August 5, 2009 4:37 PM EDT
California the Golden state, American future, is fast becoming the poster child for an bankrupt third world State!

An unholy alliance of Socialist Democrat politicians, Unions, and Illegal Aliens supporters are feasting at the trough of tax payers paid benefits while taxing & regulating business and the tax paying public into poverty.

The pandering of Left Wing Democrat Politicians to their constituency of Unions, Illegal Aliens and open border supporters, are driving business and citizens to other states & countries, while leaving the parasites & welfare leeches in an increasing bankrupt, crime ridden, dysfunctional state!

For years California has ignored economics 101 and imported Criminals, Uneducated Peons, and poverty from Mexico, which increased Medical, Welfare, Crime, Prison, etc. & adding a estimated 10 to 16 billion per year to Calif. State expense to support the invading horde of Illegal Aliens while exporting business and educated tax payers.

Like all Socialist & Marxist States the results have been a astronomical increase in social welfare, schooling, prison cost etc. and a lowing of Living standards, Education standards, Tax receipts & finally Bankruptcy.

Failure to abide by our Constitution against invasion & enforce our Immigration laws and constraints on wages and benefits for public employees will result in turning the Golden State into MexiCalif and the end of the Calif. Dream and the beginning of the MexiCalif. Nightmare!

The policies of Obama and Wash. DC Democrats are intent on following Calif. policies and are resulting in the same socialist process across American.

Amnesty & Citizenship as a reward for their invasion of the USA, will result in the rest of the USA turned into a Spanish speaking third world cesspool, modeled on Mexico and follow California into a polluted, over populated, Spanish speaking third world Nation of Crime, Corruption, Poverty, Cruelly & Misery!

This will result in a population depending on Welfare and the Democrat party, thus assuring the lock on power for the Socialist Democrat party of the United States of Mexico!
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by pw08-2009 August 5, 2009 4:58 PM EDT
Well said,

Not only that but our leadership is bent on making sure that these people get every benefit, that you and I pay for, for free.
by simplewednesday August 6, 2009 9:11 PM EDT
very well said.
I was a democrat until I moved to California. A few months of paying ridiculously high taxes, then watching it obviously go to the welfare checks of the parasitic freeloaders, most of whom speak little english and have no intention of trying to better themselves or the society they live in, is beyond frustrating. Our country is REWARDING social irresponsibility - we are CREATING and PAYING FOR increased rates of crime and gang activity, child neglect and poverty cycles that repeat over and over. Why not abolish welfare entirely, take all that money and put it into education for people who give a sh*t about mobilizing themselves and contributing to society? Or how about put up strict regulations for welfare recipients? Random drug checks, requiring them to learn to speak english and get a G.E.D, making them pay the state back by requiring community service from them in exchange for their free money. I'm 26, single, support myself entirely and have had to put my education on hold because I simply cannot afford it, and because I'm not a single mother dependant on state aid, I don't get any assistance. But if I pop out a few kids I don't really want and can't pay for at all - well then I get all the freebies I can bear.
This is not only wrong, it is enraging.
by SkirtLifter August 5, 2009 4:34 PM EDT
Well then cut DA's office funding, Parole, and many others...and please don't bother rearresting these criminals, it's a waste.
Reply to this comment
by ianlou August 5, 2009 4:22 PM EDT
Here's another idea:
If Cali needs money, allow Parole Board chosen prisoners to buy years off their sentence. The fee per year can be based on the crime committed.

If 40,000 prisoners bought an average of 10 years for an average of $10,000 per year, Cali would gain $4 Billion.
Reply to this comment
by Kyle1965 August 5, 2009 9:01 PM EDT
"If 40,000 prisoners bought an average of 10 years for an average of $10,000 per year, Cali would gain $4 Billion."

I like that idea but I doubt there are anywhere remotely close to that many with $10,000 lying around, let alone $100,000. Most of these people have nothing. But it would be a good idea maybe to start a program where certain prisoners could apply to convert prison time into fines owed to the state or something. It might not be fair to poor people, but then again poor people have always suffered worse in the criminal justice system than people with money. Why should this be any different?
by gomzee69 August 5, 2009 4:21 PM EDT
If the Federal Govt. wants California prisons to lower their population, take all the illegals out and deport them.

Easy.
Reply to this comment
by pollroller1 August 5, 2009 4:14 PM EDT
In all seriousness, if they are in prison for using drugs, they should be let out. If they are in for lets say murder, KEEP THERE A*SSES IN THERE!!!!!!
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by swin5 August 5, 2009 4:14 PM EDT
Did Obama appoint that judge?
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