Posted on 03/01/2007 10:24:54 PM PST by NormsRevenge
Gov. Arnold Schwarzenegger neatly summed up the reason for the current crisis facing our state's prisons last month by telling the Los Angeles Times that: "You talk about prisons, people feel like, 'OK, go out and get the criminal and you send him somewhere, but wherever that is, I don't want to look there, I don't want to know.'… When the people are not excited about it, how do you make the legislators excited about it?"
It was the kind of statement that really cuts to the heart of the problem, the kind that could only be uttered by someone who is totally complicit in perpetuating it. Ever since the recall election of 2003, the governor has promised to reform the state prison system, and yet the situation has grown far worse. Currently there are over 170,000 inmates locked up, nearly twice the capacity. Thousands of prisoners sleep in hallways and classrooms and gymnasiums.
The strain on the system increases tensions and riots, reduces the ability for corrections officers to oversee problems, and obliterates the process of rehabilitation, which is why California has the highest recidivism rate in the nation--more than 70 percent of all released prisoners return to jail within three years. The rubber will meet the road in June, when a federal judge's deadline to relieve overcrowding will be reached, at which time he could call for a cap on capacity and a mass release of inmates.
Specific policies in California, particularly on sentencing guidelines, have exacerbated the problem. According to the Little Hoover Commission, the California Legislature has created over 1,000 laws that have increased sentences in the past 30 years. This is about more than "three strikes." It's about legislators of all political stripes making a fetish out of being "tough on crime," no matter what the misdeed. Prisoners don't vote, goes the calculation, and an easily frightened public must be reassured that they're protected. But this approach has created an unsustainable second-tier society. It's a fantasy to think that you can just throw a significant percentage of your citizens into a black hole without any consequences.
Nobody likes to talk about what goes on behind the doors of our jails. Nobody likes to think about a nonviolent drug user who desperately needs medical treatment being incarcerated and exposed to habitual rape (over one in five inmates are sexually assaulted, says Human Rights Watch) because he has a chemical dependency. There is a mentality that people get what they deserve. And this is enabled by political cowardice on the issue. It's a fundamentally weak statement from the governor to say that leaders are powerless to lead unless the people are already on their side. The working theory is that only topics with broad public support can be broached. That is the leadership deficit in which we find ourselves.
So far, the most tangible policies the governor has presented involve building more prisons. He also planned to forcibly shift (some would say sell) thousands of offenders to privately run out-of-state jails, until a superior court judge ruled it illegal last week. These are feeble attempts to outsource the problem by shipping it or locking it away. Neither of these options address future needs, and so a few years down the road another batch of jails will need to be built or more inmates will need to be moved. The same with releasing old and enfeebled prisoners, which was floated as a prospect last week in the wake of the ruling on transfers. These proposals constitute government by consensus that seeks not to offend and puts off tough questions for somebody else to answer. As for addressing root causes, little is offered.
The governor's proposed budget slashes funding for a voter-mandated drug-treatment program, precisely the sort of thing that is needed to reduce the prison population. Schwarzenegger has proposed a sentencing commission, but asked them to spend their first year looking at parole guidelines, which provides scant immediate relief. Democrats, led by Sen. Gloria Romero, have called for a review commission that would have the power to deliver new sentencing guidelines themselves. There is little to gain politically from this proposal; surely it plays into the stereotype some conservatives hold of liberals as coddlers of criminals. But the fact remains that halting the spiraling danger of prison overcrowding would move the state forward, and Democrats in the Legislature are being the grown-ups by trying to do something about it. Not just talking about it, like the governor, but taking it out of the realm of politics and into a solutions-based environment.
We need solutions. We need a sane set of policies that reward rehabilitation and job training and treatment. Policies that understand the goals of incarceration, which are not to let people rot but to ensure that they pay their debt to society and move on. It may not be "sexy" to give a damn about prisoners; in the same way that it's not sexy to give a damn about anyone in Abu Ghraib and Guantánamo. But this is a serious crisis that not only has practical consequences, but also speaks to our humanity and decency.
L
This was my column on the potential impact on counties from the Governor's proposed prison reform:
Recently the Governor announced his plan for California State Prison Reform to solve over-crowding problems. Recommendations are that individuals who have been convicted and sentenced to three years or less would remain in the local County jail system. Currently those sentenced to more than one year are sent to State facilities. The Siskiyou County Jail runs at a 95% capacity right now and individuals who have been convicted must make an appointment nine months in advance to serve their jail term. It does not take a rocket scientist to see that the Governor’s plan will shift the crisis right back onto local government.
To meet this anticipated demand, the Siskiyou County Board of Supervisors has approved the development of a “Jail Needs Assessment” under Title 24. The State has indicated that it will consider a 75% cost-share in the expansion and building of new jail facilities, but the assessment will be required as one of the first steps to qualify for the waiting list. The assessment should give us a better idea of how, where and what kind of facilities might be added.
In addition, the State plan also recommends the return of all female and low-level non-violent juvenile offenders to the local level. The State plans on offsetting the costs of incarceration by paying $94,000 per individual to the County. Fortunately we currently have an unoccupied “pod” at our Juvenile Hall, which will allow for expansion. Regionally, the north state is looking at all its juvenile facilities and examining whether certain facilities could specialize – for instance, a girl’s camp or a Therapeutic Community specializing in drug and alcohol issues.
What makes this a particular crisis for Siskiyou County is its potential future effect on the County’s General Fund. Budgets consist of a series of earmarked pots of money that can only be spent on certain types of programs. For instance, most Human Services programs are federal/state programs. Although the County is expected to provide a minimal “match” of funds, programs are largely financed by funds ear-marked just for them. Some, like Behavioral Health, are either Medi-Cal financed or paid for in a lump sum as a State program.
Out of Siskiyou County’s $123 million budget, $33 million is available for “discretionary” expenditures to cover services such as the jail, juvenile hall, probation, Sheriff, District Attorney, Public Defender, County Counsel. County Administrator, Assessor, Treasurer/Tax Collector, County Clerk, Auditor, building and planning departments, library, animal control, veterans services, museum, farm advisor, Ag Commissioner, Grand Jury, County Courts, County Fire, economic development, arts and tourism promotion.
Revenues to the General Fund have been relatively static at approximately $31million in fiscal year 04/05; $31million in 05/06; and an anticipated $31 million in 06/07. This is largely because Siskiyou County has not seen economic growth that would boost tax revenue. The potential financial impact of expanded jail facilities, the need for additional personnel to staff them and additional probation officers needed after discharge is most likely to have a dramatic impact on departments and other programs currently supported by the General Fund.
Mind boggling. Other states (like Texas) like to talk about how tough on crime they are, but California has the highest percentage of it's population in jail and/or prison than ANY OTHER STATE. Apparently other states "tough" policies are a lot better than our "tough" policies at achieving the goal of keeping career criminals locked up and reforming those that can be reformed.
There was a line in a documentary on gang violence I saw on HBO the other day that really stuck with me: "California's prisons aren't about rehabilitation anymore. They aren't even about punishment. They are literally "human warehouses"
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