Last week a nonpartisan commission released a disheartening report about the state of California prisons, arguing that decades of “tough on crime” actions by politicians have caused an intractable crisis, with an alarming lack of capacity, the worst recidivism rate in the nation, and a charged atmosphere in state lockups which cause major riots and gang activity.
If policymakers are unwilling to make bold changes, the commission said, they should appoint an independent entity – modeled after the federal Base Closure and Realignment Commission – with the power to do it for them.
“For decades, governors and lawmakers fearful of appearing soft on crime have failed to muster the political will to address the looming crisis,” the commission said.
“And now their time has run out.”
It is clearly time for bold action to relieve the prison crisis, so the Governor took some, though bold may be the only charitable thing you can ssay about it. More like brazen:
Gov. Arnold Schwarzenegger announced Friday that his administration would forcibly shift thousands of inmates to out-of-state prisons because only a few hundred had volunteered to leave […]
Between 5,000 and 7,000 inmates will be forcibly moved, said Department of Corrections and Rehabilitation Secretary James Tilton. The first to go will be inmates scheduled for deportation after they’ve served their sentences and those who get few visitors.
The reaction to the plan broke down along party lines, with Republicans portraying the same “tough on crime” pose that got us in this mess in the first place.
Republican lawmakers welcomed Schwarzenegger’s decision, calling it overdue.
“We are out of options,” said Assemblyman Todd Spitzer (R-Orange), who chairs a committee examining prison operations. “This is prison, these are prisoners, and they don’t get to say where they’re going to do their time.”
Democratic lawmakers, advocates for inmates and the prison guards’ union attacked the transfers as illegal and irresponsible.
“I think it’s pathetic policy,” said Steve Fama, staff attorney with the Prison Law Office, which represents prisoners. “Because the elected officials don’t have the will to figure out how to solve the crisis, we instead export convicts and spread our mess across the land.”
On the flip…
Assemblyman Spitzer doesn’t seem to understand state law, because an inmate’s consent is required before moving them out of state. This is why the Governor unleashed a charm offensive to entice prisoners to move, showing them infomercial-like videos about the great amenities and tasty food at their new home. This persuaded a whopping 300 or so prisoners to consent to move, far less than needed. So he just ordered a forced exile.
Now, the problem for Schwarzenegger is that he already has a contract in place with privately run prisons for them to take these inmates off the state’s hands. So if he doesn’t fill the beds, the state is out a lot of money. Ultimately that’s what this comes down to, in addition to a feeble attempt to shift the problem by shipping it out of state.
This shows to me that the root causes of our prison crisis are still being ignored. If you want to really know why we’re at twice our capacity in state lockups, read this.
Defense attorneys are protesting a drug crackdown on skid row, saying petty narcotics users are increasingly being sent to prison instead of receiving treatment that could cure their addictions.
Since September, police and prosecutors have targeted drug dealing in the 5th Street corridor – an area bordered by 4th and 6th streets, Broadway and Central Avenue – which police said was a hotspot of drug crimes.
Though law enforcement officials have hailed the effort, defense lawyers say it is harming some who need help.
“They’re basically cleaning out skid row by putting people into state prison, where there really isn’t room … either,” said Deputy Public Defender Lisa Lichtenstein, who handles numerous downtown drug cases.
She said that since the fall, minor drug cases that in the past might have resulted in possession charges that could lead to treatment have been prosecuted as drug sales, which can result in prison sentences for those convicted.
In many cases, Lichtenstein said, the drug sales charges are against addicts selling a small amount to pay for their own habit. “These are very small amounts of drugs, 10 dollars’ worth, maybe $20,” she said.
So nonviolent offenders who desperately need medical treatment are being hauled off to overflowing jails in order to make downtown Los Angeles safe for loft development (even though the loft market is flatlining downtown). They can’t fit in the jails, so the solution agreed upon is to export the problem. This doesn’t address future needs, as 6 or 9 months down the road another batch of prisoners will need to be outsourced. And so human beings are sold, actually literally sold to private for-profit prisons if you think about it, and the cycle which propagated this crisis goes unbroken.
I want you to read some of a letter posted at the great liberal blog Orcinus. Sara Robinson’s brother is in a California prison as we speak, and the conditions are… well just read it.
We are on lockdown status — all of us. There was an incident in the hall outside my cell. An inmate was cut up pretty bad and nearly died out right in front of us. He was just left laying there for too long before help was summoned.
That was Wednesday. The investigation doesn’t start until Monday, and lockdown will continue until they get a name. It’s a very timely incident: COs [correction officers] get hazard pay until it is resolved. This close to the holidays, it only makes sense to put off the investigation as long as possible […]
Another scam is the library. No, I don’t get “points” [toward release or better conditions] for contributing to it — I only feed the machine. Upon checking out a book, you sign a trust release for the amount of the book. These are processed every week. When a book isn’t returned in seven days, you are charged for its full cost.
But availability to the library is only given every TWO weeks. I didn’t know this, until I was charged for two. Both books were turned in at the next available date — but too late to avoid paying for them. This way, one book will pay for itself over and over.
By the way, these books are ALL donated by inmates.
I was also charged for two T-shirts. I received them sleeveless, and was charged for destruction of state property. They’ll go back to the laundry, and be re-issued to another inmate, who will be charged for them, too — as was the person who got them before me. The shirts have cost me $15 apiece so far. They were made by inmates in Prison Industry Authority jobs.
As they say, read the whole thing. The corrections process is broken in so very many ways, and the emphasis almost seems to be on dehumanizing prisoners, virtually ensuring their return after they get out. Many come in on victimless crimes and come back again and again. And they’re treated completely inhumanely, and now shipped away from their homes.
It’s not “sexy” to give a damn about prisoners; just look at that quote from Assemblyman Spitzer for proof. But this is a serious problem that speaks to our humanity and our dignity. What we’ve done is to practically create a second-tiered culture in California, one which is growing at a faster rate than can be managed. The Democrats in the Legislature need to embrace the Little Hoover Commission Report, stop this forced emigration proposal, and come up with a same set of policies that rewards rehabilitation and treatment and understands the goals of incarceration, which are not to let people rot but to ensure that they pay their debt to society and move on.
