It described how it plans to meet the legal requirement for reducing prison crowding by July 27, 2012. It has failed to meet deadlines repeatedly. The department must reduce state prison populations to 137.5 percent of prison capacity by then.
The Supreme Court found that overcrowding in California prisons was so severe it violated prisoners’ rights. In a May 23 decision, judges described backlogs of 700 prisoners waiting to see a doctor. Those with mental illness did not get the care they needed and were made worse by the conditions of their incarceration.
The judges wrote doctor and mental health care positions were not filled in prisons. If all the positions were filled, there would not be space for the providers to work. The state had not budgeted for enough positions to give adequate care to prisoners, and then had chronically left positions unfilled.
“Reducing Prison Overcrowding in California” appeared on the Legislative Analyst Office website around Aug. 3, two days before the court’s deadline to reduce the state’s prison population by a certain percentage. The state was 11,000 prisoners over the required number, according to the report. It failed to meet the requirements of the judicial panel’s decision.
In August 2009, a three-judge panel gave the state two years to reduce the prison population to 137.5 percent of capacity from 180 percent of capacity. It also required regular progress reports during the two years.
According to the state, it has met its reporting requirements and shown good faith in its efforts to meet the panel’s requirements. It has not met its benchmarks.
Various Statutory Changes Enacted
The state intends to release nonviolent offenders, to send some prisoners out of the state, and to send fewer people to prison.
It amended state law so that certain nonviolent parolees cannot be sent back to prison. The legislature will also make it easier for inmates to earn credits to reduce their stay. Some property crimes will have a higher dollar threshold before they draw a prison sentence. There will be monetary incentives for sending fewer probationers to prison.
Out-of-State Transfers
Former Gov. Arnold Schwarzenegger authorized the CDCR to contract with, and involuntarily transfer inmates to, out-of-state correctional facilities. About 10,000 inmates are in such facilities and roughly 4,000 inmates are housed in California contract facilities. The governor’s proclamation expired on July 1. The CDCR continues to apply the policy.
Prison Construction Plan
In 2007, the legislature enacted statutes that authorized about $6.5 billion to construct inmate housing. These projects include: a new inmate health care facility in Stockton, new mental health facilities at two existing prisons, converting juvenile facilities to adult facilities, and building re-entry facilities for inmates who are within one year of being released.
The administration stated in a June 7 report that it would ask the Legislature to reconsider some of the projects that it has rejected in the past.
Realignment of Certain Adult Offenders and Parolees
As part of the 2011–2012 plan the Legislature arranged to shift responsibility for certain low-level offenders, parole violators, and parolees from the state to counties. The plan gives money to counties to carry out their new responsibilities.
California reported to the U.S. Supreme Court that there was a recidivism rate of 15 percent. According to the California Correctional Peace Officers Association, it is 70 percent. The difference is nearly fivefold.
The key question for Gov. Jerry Brown and the Legislature is, “What will the panel do when the state has not met the panel’s requirement to reduce the jail population to 137.5 percent?
