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California Prisons, Post-Partisanship, and the Death of Democracy

By Laura Magnani
Californians United for a Responsible Budget
What is touted by some as post partisan politics, where Democrats and Republicans broker a deal on a complex issue, looks to us like an end run around democracy. Deals like the one struck on prisons by our own Senator Don Perata and others in leadership came with no actual bill to debate, no hearings, no amendments, and no public participation of any kind. As far as we know there was no language available to lawmakers including many of our East Bay representatives such as Loni Hancock and Sandre Swanson -- who rushed to vote yes on the measure.
There were some numbers attached $6.3 billion in lease revenue bonds for 53,000 new prison and jail beds. But lease revenue bonds are another end-run. They don't require a vote of the people, as general obligation bonds do, and they carry higher interest rates.
California voters have been turning down prison bonds, so legislators have increasingly turned to this non-democratic alternative. But revenue bonds were created for projects that come with revenue streams like toll bridges that generate money once they are built. With lease purchase bonds for prisons, taxpayers through the Department of Corrections purportedly "lease” the prisons back from the Department of Public Works which builds the prisons, as the mechanism for generating revenue. In other words, the state leases the very buildings that they built all again without voter approval.
Many pieces of legislation were working their way through the Senate or Assembly to address the prison "crisis". They addressed sentencing reform, which could slow the flow of prisoners into the system, parole reform, which could prevent technical parole revocations and reduce the number of prisoners, compassionate release of terminally ill prisoners and so forth. There were measures to create sentencing commissions, to close the youth prisons, to fully fund Proposition 36, as voters intended. All of these measures could have an immediate impact on overcrowding. There were public hearings and individual votes on actual proposals. All those measures now sit in limbo while the building boom moves full steam ahead.
One of the pieces of misinformation that appears in story after story covering this issue is that the prison system hasn't been expanded for a period of time. What time is that? Between 1852 and 1982 over 100 years-- California built 12 prisons. Since 1982 we have been engaged in the "largest prison building program in the history of the world" (Rudman and Berthelsen, 1991), adding 24 more prisons. In that same time period the rate of incarceration rose steadily (from 293/100,000 in 1993, to 696/100,000 in 2001(See Beyond Prisons, 2006). But without hearings on what will now be the largest single prison expansion in the history of the world, actual information and deliberation is excluded.
Governor Schwarzenegger was quoted as saying, with regard to healthcare and the fact that no legislator has agreed to carry his bill on healthcare, "That's not where the action is." In other words a bill is not needed. We make deals. We make trade-offs. Was the prison deal a trade-off for other deals to come?
Vastly expanding the failed prison system will do nothing to make us safer, and adopting laws without open processes will surely make us less secure. A government of secrecy quickly becomes a government of tyranny.
Laura Magnani is Assistant Regional Director for Justice for the American Friends Service Committee and a co-author of Beyond Prisons: A New Interfaith Paradigm for Our Failed Prison System. This op-ed was submitted on behalf of Californians United for a Responsible Budget (CURB), a statewide coalition of 40 organizations committed to reducing prison spending by reducing the number of people in prison and the number of prisons in the state.
Comments
This article hits every point. Excellent. Our legislators absolutely did an end run around voters. This is all about union workers and union contracts in my eyes. We didn't need new prisons. All they needed to do was show the federal government that they were going to make changes. Sentencing Commission and Parole Reform were the best ways to reduce population, they are nowhere in AB900. Next, real Rehabilitation and education for inmates. All of these changes would have been much less costly and would prove much more effective. This state has no interest in saving tax payer money. It can only be to create more jobs for CCPOA members and their cronies. This whole thing was wrong.
Posted by: Morris1 at May 15, 2007 02:41 PM
Anyone know why no facts have been released in support of the recently adopted $7.7 billion prison construction package? Could be because prison overcrowding can, and should, be eliminated at a cost of $1.5 billion rather than $7.7 billion!
The State could eliminate the actual current 16,600 prison bed shortfall for about $1.5 billion. It would require the construction of 16,600 county jail beds to hold short term offenders shifted to prison only because of the 100,000 county jail bed shortage . About 30,000 to 40,000 prison beds are occupied by offenders serving short terms, 60,000 inmates serving 6 months or less, the reason for prison overcrowding . County jail bed construction also costs less. Prison beds cost $162,000/bed compared to $92,000/bed for jail beds and cost about 10% to 20% more to operate. Dealing with the county jail bed shortage is obviously the right way to eliminate prison overcrowding.
The construction package funds 40,000 additional prison beds to deal with a 16,600 prison bed shortage and funds 13,000 county jail beds for a 100,000 county jail bed shortage The additional prison beds will result in a surplus of over 23,000 prison beds and the additional jail beds will leave the counties with a shortage of about 87,000 beds. The prison construction package was adopted almost without comment and undoubtedly will proceed. It is probable not many of our leaders, or the media, have even read the legislation or analysis by the Legislative Analysist. As usual, taxpayers should just get ready to pay!
Posted by: richard mckone at May 15, 2007 07:38 PM
."Citizens need to stand up to recall."
7.7 Billion to build more prisons to house petty theives...Don't let go of those dangerous crimals...Arnold "Ha"
People are getting a strikes for stealing 2 bottles of liquer,or some clothes,or videos.LIFE IN PRISON FOR SMALL CRIMES IS A CRIME,and waste of the tax payers money....and destroying lives that could have been productive.Instead tax payers pay $43,000 a year to house each inmate.
Lobby-backed politicians are for the Prison Industrial Complex.Tax payers foot the bill to build more prisons so Corporate stock-holders can expand their slave work force inside state prisons. This even takes jobs away from us on the out-side.
These politicians need to be recalled.These politicians pressed for harsh sentancing laws...through fear-mongering campains that's why the prisons are over crowded...not because of more crime."
By the year 2056 at this rate of incarseration every American will be in prison....they'll just put barbed wire around the whole____county.
Citizens need to stand up to recall."
The prison Industry in the United States: Big business or a new form of Slavery?
http://www.granma.cu/ingles/2005/octubre/juev13/42carceles.html
Posted by: Donna Stotts at May 15, 2007 08:32 PM
You really should consider a couple basic prison overcrowding facts before proposing prison reforms:
• Overcrowding does not involve inmates serving long terms for serious crimes. There is plenty of room for all such offenders - none will ever be released due to overcrowding.
• The actual 16,600 prison bed shortage exists only because thousands of less serious offenders and parole violators, serving terms of less than a year, have been diverted to prison due to the long term, very severe county jail bed shortages . These short term offenders occupy about 30,000 to 40,000 prison beds, causing overcrowding.
The 40,000 prison bed construction package will cost taxpayers about $6.2 billion for construction and $1.4 billion annually for the 30 to 40 year life span of the new beds. It is not needed. When feasible, prison overcrowding is resolved without construction. Governor Reagan reduced the inmate population by early release and closing one of the state's prisons without significant problems . Simply increasing inmate work time credits for selected low risk inmates would provide immediate prison overcrowding relief, reduce annual operating costs by about $.5 billion and avoid spending any of the $7.7 billion, not an insignificant savings.
Posted by: Rich McKone at June 3, 2007 09:54 AM
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