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Democratic Senators Call for Prison Plan from Schwarzenegger Administration—Inmate Population “A Bouncing Ball” Making Budget “Virtually Impossible”
Not a Single Prison Bed Built Since $8 Billion Bond Passed a “Year Ago
From the Office of Senate President pro Tem
Don Perata
Five leading Senate Democrats today requested the Governor provide a plan within 30 days to coordinate all the administration’s efforts to build prison beds, manage its corrections department and limit prison population growth.
In a letter to Governor Arnold Schwarzenegger, the senators said the administration has failed to offer a “useful answer” on how several interrelated developments, such as the Governor’s proposal to release inmates early and a federal court receiver’s request for 10,000 new beds, affect the prison population’s bottom line.
The senators noted that one year after the passage of AB 900, a $7.9 billion measure to address prison overcrowding, not a single bed has been constructed.
The full text of the letter follows.
April 28, 2008
Honorable Arnold Schwarzenegger
Governor of California
State Capitol Building
Sacramento, CA 95814
Re: AB 900
Dear Governor Schwarzenegger:
Saturday marks the first anniversary of AB 900, the Public Safety and Offender Rehabilitation Services Act of 2007. At your urging, we adopted this $7.9 billion legislation to lessen the serious overcrowding problems in California’s state prisons. AB 900 was your central argument to avoid a possible court mandated early release of prisoners.
Yet, one year since its passage, the Department of Corrections and Rehabilitation has not constructed any beds!
Your budget proposes to release inmates from California’s prisons 20 months early and place low-level parolees on summary parole. If adopted, this would reduce prison population by twenty-eight thousand prisoners. The federal court receiver in the Plata lawsuit mandates the construction of ten thousand medical and mental health beds. Court settlement talks are underway to reduce the number of inmates in our prisons.
We have repeatedly inquired publicly and privately how these many proposals work together. We have yet to receive a useful answer. With all of the proposals out there, the prison population is a bouncing ball; we have no target. We face a multi-billion dollar deficit and a $6.9 billion bond demand from the federal court receiver. A 2008-09 corrections budget is virtually impossible when we don’t know who’s on first.
Senate Democrats take overcrowding very seriously. In addition to AB 900, the Senate Committee on Public Safety adopted ROCA, the Receivership/Overcrowding Crisis Aggravation, a policy to hold all bills that might exacerbate prison overcrowding. To date, the committee has held or amended all 34 bills that could result in demand for prison beds.
Furthermore, the Senate Rules Committee will not confirm parole commissioners who do not demonstrate a willingness to conform with Title 15, regulations to weigh remorse, responsibility and potential for violence as a factor for parole. Some of these inmates are senior citizens who occupy costly prison beds, have served well over their minimum parole date without incident, cost the state significant dollars in medical care and do not pose a risk to society. It makes no sense to open the doors with reckless abandon for twenty-eight thousand inmates regardless of their risk level (as your budget proposes) but not consider an inmate who poses little public safety risk.
As we demonstrated by taking a leap of faith on AB 900, implementing the ROCA policy and adopting a politically unpopular stance on the Board of Parole Hearings members, we are committed to taking additional reasonable steps necessary to address both the budget and the prison crises. The Senate has repeatedly shown a willingness to consider parole reform, the appropriate length of prison sentences, alternative sanctions, community corrections, the construction of medical and mental health beds, a second look at AB 900 and any other proposals within reason.
But we need your leadership. Several factors, such as the slower-than-expected growth of the prison population and your proposal to release inmates early, could substantially decrease the demand for prison beds. Yet AB 900 and the receiver propose additional beds. We need a plan that integrates these interrelated components. We respectfully request that within the next 30 days you tell us how CDCR plans to manage the several proposals to reduce inmate population.
In the final analysis, this is an administrative, not legislative or judicial, impasse.
Sincerely,
Don PERATA
President pro Tempore
DENISE DUCHENY
Chair, Senate Budget Committee
CHRISTINE KEHOE
Chair, Senate Budget Subcommittee 4
MICHAEL MACHADO
Member, Senate Budget Subcommittee 4
GLORIA ROMERO
Senate Majority Leader
Chair, Senate Committee on Public Safety
Comments
As the TERMINATOR said, " GAME OVER." There's no more frosting on the cake and the PRISON GUARDS ate all the cake to where the system can't have a piece of it anymore-My My, what are you going to do? Maybe if you make another cake that will appeal to the taxpayers you'll have some more frosting to put on it to keep it going around, but I don't think that the taxpayers are going for such a solicitation, especially now that reallity has sunk in. Your unjust and vigilanty laws such as the THREE STRIKES LAW to name one, is what has caused you to STRIKE OUT with all kinds of foul balls. YOU DID IT TO YOUSELVES!!!
Posted by: RICARDO at April 29, 2008 12:35 AM
As the TERMINATOR said, " GAME OVER." There's no more frosting on the cake and the PRISON GUARDS ate all the cake to where the system can't have a piece of it anymore-My My, what are you going to do? Maybe if you make another cake that will appeal to the taxpayers you'll have some more frosting to put on it to keep it going around, but I don't think that the taxpayers are going for such a solicitation, especially now that reallity has sunk in. Your unjust and vigilanty laws such as the THREE STRIKES LAW to name one, is what has caused you to STRIKE OUT with all kinds of foul balls. YOU DID IT TO YOUSELVES!!!
Posted by: RICARDO at April 29, 2008 12:39 AM
It is about time! This political agenda has gone on far too long. The bill is now due for all those who voted for stiffer sentences and 3 strikes laws without looking at the big picture. This has to stop! If California wants to be a prison nation then just raise the taxes, pay for it and shut up! Stop bouncing the ball! Arnold, "Tag you are it". You wanted this job so make a decision already. Maybe the tough Terminator is really a girly boy after all.
Posted by: Brenda at April 29, 2008 06:44 AM
Cry cry that's all we hear is crying...you lawmakers and senators made these laws!! And the overcrowding in these prisons this letter to Arnold is a joke just like Arnold !!!you have had years to fix this problem and instead you choose to let one inmate die every week in the prisons
so look at the years that you could of done something!!! And you chose to ignore every court order for 12 years!! I personally think
all of you are heartless heartless and cruel..
I personally think you should go to prison for breaking court orders?? Because if we did you know we'd be in prison if!! I think this is a joke and I also think that rehabilitation should have never been taken away for your longer sentences laws... biggest joke of California..
I do think you should raise taxes to pay for all this because prisons is what you wanted not rehabilitation.... so pay for the bills on the prisons
Posted by: demc at April 29, 2008 09:09 AM
The prisons are so crowded that nothing gets taken care of. They are now making their own rules and regulations. The TITLE 15 is the law but I was told that they (counselors, wardens, officers) adapt the DOM (Department Operating Manuel) to suit their purposes. No one is aloud to try and fix anything(mistakes made in inmate files) because most of the workers in the prison are just there to get a paycheck. They sure aren't there to help rehabilitate.....they are there to punish.
Posted by: Sandy at April 29, 2008 09:46 AM
The Governor has done nothing and will continue to do nothing because he is in the pocket of the CDC(R).
Thank you for NOT approving the appointment of any more law enforcement on the parole board.
AB 1539 was passed in Oct. 2007 so the CMO's of the prison doctors could recommend release for very sick prisoners who cannot perform the daily living activities. I was in Sacramento and testified to pass this bill. These releases would save the State Millions of dollars.
Not one doctor will recommend a release. I had one doctor tell me "I work for the CDC and I would lose my job if I make such a recommendation".
Why pass any new laws if everyone in the CDC refuses and are afraid to act under the new law. One guard just recently told my dying son "you are my paycheck". How cruel can it get?
Posted by: Nora Weber at April 29, 2008 10:38 AM
CDCR policy and practice does not adhere to the Penal Code nor Title 15. They function as if above and beyond the law, relying on the CDCR DOM (Departmental Operations Manual). There is a total lack of accountability to ANYONE - not the governor, the legislature nor the people. Look at the application of proposition 83 conditions on parolees. CDCR interpretations are applied in as draconian a manner as is possible in order to make it most difficult for the parolee to comply AND the parole agents to administer; in perpetuity of planned recidivism inherent in the CDCR mod us operandi and mind-set. Their practices in this one area violate both US and State constitution and penal code ex post facto provisions. Did governor Schwarzenegger say he would uphold all the laws of this state and the country or just those he agreed with?
Posted by: James R. Spencer at April 29, 2008 12:27 PM
CDCR policy and practice does not adhere to the Penal Code nor Title 15. They function as if above and beyond the law, relying on the CDCR DOM (Departmental Operations Manual). There is a total lack of accountability to ANYONE - not the governor, the legislature nor the people. Look at the application of proposition 83 conditions on parolees. CDCR interpretations are applied in as draconian a manner as is possible in order to make it most difficult for the parolee to comply AND the parole agents to administer; in perpetuity of planned recidivism inherent in the CDCR mod us operandi and mind-set. Their practices in this one area violate both US and State constitution and penal code ex post facto provisions. Did governor Schwarzenegger say he would uphold all the laws of this state and the country or just those he agreed with?
Posted by: James at April 29, 2008 12:27 PM
CDCR policy and practice does not adhere to the Penal Code nor Title 15. They function as if above and beyond the law, relying on the CDCR DOM (Departmental Operations Manual). There is a total lack of accountability to ANYONE - not the governor, the legislature nor the people. Look at the application of proposition 83 conditions on parolees. CDCR interpretations are applied in as draconian a manner as is possible in order to make it most difficult for the parolee to comply AND the parole agents to administer; in perpetuity of planned recidivism inherent in the CDCR mod us operandi and mind-set. Their practices in this one area violate both US and State constitution and penal code ex post facto provisions. Did governor Schwarzenegger say he would uphold all the laws of this state and the country or just those he agreed with?
Posted by: James R. Spencer at April 29, 2008 12:28 PM
When are the lawmakers in Sacramento actually going to start being SMART on crime and adopt alternative sentencing for non-violent crime and parole violations and repair the totally broken parole system so that people with a life with parole sentence actually have a chance of winning parole?
Those two measures alone would already do enough to decrease the prison population to a level where building new prisons or constructing more beds won't even be necessary anymore.
Darn it, it ain't THAT hard!
Posted by: YapYap at April 29, 2008 12:50 PM
I totally agree with everyone's comments above. Does anyone have information about the federal three judge panel?
Posted by: cathi at April 29, 2008 01:23 PM
Perhaps California should find a way to stop growing so many criminals. Children who do not grow up with parental love and support are more at risk of becoming criminals than those who do have such support. Such love and support is more likely to come from two parent households with one parent at home. What percent of California households are in that category? Why?
For some interesting perspectives that indirectly relate, see http://www.thepromiseofhome.com/Media/Interviews/tabid/69/Default.aspx
Senator James Webb held hearings on incarceration rates last October, and may hold a second round of hearings next month.Professor Glenn C Loury testified last year. He started to express some important views, but didn't finish. Perhaps he will have another chance.
http://www.econ.brown.edu/fac/Glenn_Loury/louryhomepage/
http://www.pbs.org/fmc/interviews/loury.htm
Well worth reading and pondering.
Posted by: Erik Kengaard at April 29, 2008 02:49 PM
YapYap, Californians United for a Responsible Budget recently submitted an amicus brief to the federal panel on overcrowding. The one page summary of that brief, which outlines alternatives to prison construction, can be found here:
http://curbprisonspending.org/Amicussum.pdf
If you work with an organization that may be interested in learning more about the prison crisis, we offer a lively slideshow on the topic that we are happy to present. The flier for the workshop is here:
http://curbprisonspending.org/WorkshopFlyer.pdf
Posted by: Jeremy Bearer-Friend at April 29, 2008 03:28 PM
I have a son at crc. in norco,ca who is constantly being abused by some correctional officers it appears they ignore title ,15 and
any other state mandates.the inmates cannot ask
questions of the Co"s they are treated not like they are human beings,although the state has written policies that the inmates are to respect
the CO"s and the CO"s are to respect the inmates
the CO"s disrespect,visitors they talk to some visitors with total disrespect.not all of the CO"s
but a few.my son has constantly had his personal
items taken ,and this is ongoing .his TV.was dropped on the floor 4-18-08 by a Co.on dorm 303
my sons name is Jeffery L Crews 303-15L.i am
putting this out there because my son hasn"t killed,or raped anyone.yet he was sentenced to
13years in prison of which he has served 5 years.
Posted by: betty hampton at April 29, 2008 06:35 PM
Sorry, but you voted an unconstitutional and heinous law into being - 3 strikes.
If the punishment were consistent and fit the crime, many would not be serving long, unwarranted life sentences.
WE NEED SENTENCING REFORM and FAST! Citizens and law makers - don't be duped by 'emotional' false pleas, look to the logic of what you are and have done to peoples lives.
Posted by: Trudaughter at April 29, 2008 08:24 PM
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