(the latest in my Courage Campaign compatriot’s ongoing series – promoted by Todd Beeton)
Just before the holidays, Governor Schwarzenegger outlined his plan to fix California's broken correctional system. Prior to the Governor's announcement, and as part of our continuing series on the Governor's promises and actions, The Courage Campaign noted Schwarzenegger's stated commitment to reforming our prisons. The Governor's early proposal shows that this issue remains near the top of the agenda for the state as we start the new year.
Follow me over the flip for details and analysis of Schwarzenegger's new proposal.
The first question political analysts and pundits will ask relates to the timing of Schwarzenegger's announcement. Why did he unveil this plan in late December and not during the State of the State Address on January 9? Perhaps Schwarzenegger moved early on this political hot potato as a "trial balloon," a way to gauge public reaction before a major speech like the State of the State. After considering initial response, Schwarzenegger might tweak his proposal and put revised language in the State of the State address. Perhaps Schwarzenegger will simply avoid the highly contentious prison issue completely in the State of the State address, but this seems very unlikely given the massive and very urgent crisis in the prisons. As Schwarzenegger stated himself, a federal takeover of California's prisons (an all-too-real possibility) would result in federally mandated and severe cuts in health care and education. Schwarzenegger says that his plan would avoid a federal takeover.
The centerpiece of Schwarzenegger's proposal calls for 10.9 Billion borrowed dollars (bonds) to build enough new prison cells for 78,000 additional beds. The very large expenditure, which would put California even further into debt, led critics like SEIU to say that the plan is "too heavy on the bricks and mortar and too light on rehabilitation and reform."
On rehabilitation and reform, Schwarzenegger's plan calls for a permanent, semi-independent commission to suggest changes to California's sentencing system. Such a system would be new to California, but eighteen other states have sentencing commissions similar to the one outlined in Schwarzenegger's proposal. This is the most progressive part of Arnold's plan, but critics say it doesn't go far enough in changing the way that the courts send people to the bursting-at-the-seams penitentiary system.
Most progressives suggest that any real reform must address the controversial "three strikes law," which mandates heavy sentences for a third conviction, even if the third conviction is a trivial offense. For example, someone facing a third conviction for shoplifting a loaf of bread might face decades behind bars. Such long sentences inevitably lead to overcrowding. Governor Schwarzenegger said that he refuses to discuss changing three strikes and would simply reject any alterations to that law.
Also absent from Schwarzenegger's proposal is any mention of a cap on the prison population. Given the severe overcrowding, in which more than 16,000 people (and counting) do not have regular prison beds to sleep on, a cap on the absolute maximum size of California's prisons seems to be absolutely necessary. Indeed, California has already started shipping people to private prisons in far away states like Tennessee. A cap on the prison population would be one way to force a reduction in the already-untenable size of the prison population.
Also getting short shrift in Schwarzenegger's plan is the defunct prison health care system. Only about 1/10th of Schwarzenegger's bond dollars would go to improvements for the prison health system, a system so badly broken that it's has already been taken over by federal courts.
Clearly, the details of the plan need work. But the larger question is one of leadership. Last year, Schwarzenegger was accused of backing down and failing to follow through on his ideas for reforming our prisons. We'll see if there are any changes to the plan in the State of the State, and whether Schwarzenegger can display the bold leadership necessary to move a progressive plan through the Legislature while fulfilling his promise to repair our broken prisons.