On Sunday, the LA Times reported the results of an investigation which revealed that the Department of Corrections has routinely miscalculated prison sentences, costing state taxpayers as much as $44 million dollars and clogging the worst prisons in the country, which has a cumulative effect.
Records obtained by The Times show that in August, the state sampled some inmate cases and discovered that in more than half — 354 of 679 — the offenders were set to remain in prison a combined 104 years too long. Fifty-nine of those prisoners, including (Nicholas) Shearin, had already overstayed and were subsequently released after serving a total of 20 years too many, an average of four months each […]
The errors could cost the state $44 million through the end of this fiscal year if not corrected and more than $80 million through mid-2010. But California’s overburdened prison agency waited more than two years to change its method of awarding credit for good behavior after three court rulings, one as early as May 2005, found it to be illegal.
Officials were giving some inmates 15% good behavior time instead of the 50% to which they were entitled. The state fixed release dates for only those inmates who requested it, according to a spokesman for the Department of Corrections and Rehabilitation, who said there was no evidence in Shearin’s file that he complained.
In addition to having a flawed corrections system, it’s just flat-out incompetent as well.
I believe that a fish rots from the head down, and this kind of inattention at the Department of Corrections can reasonably be seen as a direct result of a political leadership in Sacramento that is obsessed with being Tough On Crime ™ and really doesn’t want to see prisoners leave state jails. Aside from the fiscal issues, this is essentially taking away the fundamental rights of citizens of the state. As State Senator Gloria Romero notes:
State Sen. Gloria Romero (D-Los Angeles), who chairs the Senate’s public safety committee, said inmates have a fundamental right to a timely release. She criticized the prison agency’s “arrogance in the face of the law to simply say that these people’s lives don’t matter, but they can just lock them away and essentially throw away the key.”
The more errors like this, the more inmates locked up for more periods of time. This causes overcrowding, which strains treatment and rehabilitation services and creates an environment where the inmates are in more control than the corrections officials. Suddenly nonviolent offenders are in a school for how to commit violent offenses rather than a means to turn around their life. And the recidivism rate soars, as those who actually get to leave prison are not equipped to do anything to go back.
This all feeds on itself. If we want to get serious about prisons, we’ll do the work to reverse it.