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July 23, 2007
Federal judges create panel to cap prison populations
Dear FCL Supporter,
Today two federal judges took the expected step of creating a three-judge panel to impose prison population caps. California's prison population now stands at 172,000 prisoners in a prison system designed for 90,000 prisoners. To our dismay, the Legislature responded earlier this year by passing AB 900, California's largest ever prison expansion, with plans to add up to 53,000 new beds. AB 900 was covered extensively in the March-April edition of the FCL Newsletter.
Undoubtedly, you will soon be hearing lots of scary sounds coming from Sacramento and local law enforcement personnel over the dangers of early release. According to a survey of the research on early release by the National Council on Crime and Delinquency, of the 15 studies examined, 14 of them found no significant difference in recidivism rates among those prisoners who were released early. In one of the studies, the recidivism rates of those released early, were less than those who served their full sentence. Even if expanding our state's prisons were desirable, there are not enough nurses, clinical personnel, or mental health professionals to bring prison health care and mental health treatment up to constitutional standard, which is the basis of the two lawsuits that lead the courts to empower the panel.
Let's be clear about one thing: there is nothing magical or scientific about the length of prison sentences; rather, they are the result of political calculations. The evidence suggest pretty strongly that if handled carefully, releasing some prisoners a few months early will not lead to a new crime wave that some, including Governor Schwarzenegger, have implied.
We take pride in the fact that there is now a permanent lobby in Sacramento opposed to prison expansion. Californians United for a Responsible Budget and the Coalition for Effective Public Safety (FCL participates in both coalitions) have argued effectively that adding more beds will only exacerbate the problem. The Legislature ignored us, but two federal judges agreed.
It is clear to us that today's ruling is the result of our political system's inability to effectively manage its prison system, which will soon account for nearly 12 percent of General Fund spending. Like Frankenstein's monster, the prison system and those who gain from it, manages the Legislature.
So while today's development is a positive step, it is also a sad commentary on our legislative process. Politicizing criminal justice for partisan gain has got us where we are today. Let's hope that our elected representatives will learn from this.
If you would like electronic versions of today's court rulings, please contact the FCL office.
Sincerely,
Jim Lindburg
Legislative Advocate
http://www.fclca.org
E-mail: JimL@fclca.org
Phone: (916) 443-3734
Fax: (916) 448-6109
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