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Lawsuit Could Leave Governor Schwarzenegger Between a Rock and a Hard Place on Prisons
By Bill Cavala
A veteran of over 30 years in Sacramento
A suit filed by a group of “taxpayers” alleges the state’s plan to finance new prison construction with revenue bonds is an unconstitutional violation of the provision that demands a public vote authorizing such borrowing.
Highways, Schools, and other public infrastructure – including prisons – have until now been financed with general obligation bond approved by voters.
But public opinion surveys (and the last two bond measures) indicate the public is tired of spending on prisons. The public is not tired, however, of putting people into prison. An effort to modify the state’s “three strikes and you’re out” law, which provides life in prison for a third felony conviction following two “violent or serious” felony convictions, failed at the polls.
So our prisons gain more population annually.
This phenomenon has captured the attention of the federal judiciary. California’s correctional health program is already under federal control – with a mandate to spend huge sums to bring the system up to snuff. At some point in the near future, overcrowding could lead to the control of our entire correctional system. This would mean not only huge spending increases, but also the ‘early’ release of many convicted felons. “Free”, as the TV ad noted, “to kill again”.
A similar thing happened in Texas during the regime of Democratic Governor Mark White. Convicts, released by the Court to alleviate overcrowding, committed a well publicized heinous crime. Voters blamed the Governor – and a promising career ended.
That lesson has not been lost on the handlers of our Governor. His late opposition to the modification of the “three strikes” law helped persuade public opinion to oppose it. The failure to make that modification means prisoners continue to stack up. Action by the court is threatened – hence the revenue bonds for new construction.
The lawsuit’s allegations are, of course, correct. Prison construction should be financed by general obligation bonds ratified by a vote of the people that puts the full faith and credit of the State behind them. Unfortunately, voters would reject such a bond – then blame the Governor for the fallout as convicts are cut loose on society
Will the Republican Supreme Court of California recognize the danger to our Republican Governor and brush the Constitutional objections to borrowing without voter approval under the rug?
Could be.
Yesterday the Chief Justice gave his approval to a legislative proposal that would renovate the state’s crumbling courthouse infrastructure with bond proceeds that – too – would go into effect without what most had considered the requisite vote.
Could be – that the ‘fix’ is in?
Bill Cavala was Deputy Director of the Assembly Speaker’s Office of Member Services where he worked for over 30 years.
He attended undergraduate and graduate school in the 1960’s and received a doctorate in political science at UC Berkeley. He taught political science at UC Berkeley during the 1970's while he worked part-time for the State Assembly.
Cavala left teaching at UC Berkeley and went to work for Assembly Speaker Willie Brown in 1981 until his tenure as Speaker ended in 1995, and he has worked for his five successors as Speaker up to and including Speaker Fabian Nunez.
Mr. Cavala manages election campaigns for Democratic candidates.
Comments
If the Democrats came up with these multi-billion dollar rip-offs the Republicans would be foaming at the mouth. Just like the billions and billions down the drain so far for this Republican Adminisration they want to throw even more money at this problem even though every report, study and committee tells them that more prisons are NOT the answer. Programs are the answer. Vocational, educational along with rehabs and mental health treatment ARE the answer...
Posted by: Lawrence E. Phipps at May 6, 2008 04:20 PM
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