California prisons like San Quentin hold twice as
many inmates as they were designed to accomodate.
California has to release up to 58,000 inmates, or roughly 40% of the total prison population, says a three-judge panel convened to deal with the state's massively overcrowded prisons. That's not really that much of a shocker -- the state is currently jamming its holding pens full of human bodies at roughly 200% of capacity, with the inhumane conditions you'd expect as a result. But who to release? The obvious answer, it would seem, is to start with California's sizeable population of people who shouldn't be behind bars at all: those convicted of consensual "crimes" such as drug offenses.
According to the California Department of Corrections and Rehabilitation's most recent annual report (PDF) on prisoners and parolees, the state's total prison population stood at 170,129 at the end of 2007. (The numbers are a bit different in the most recent, but less-detailed, quarterly report, but this is close enough.) The prisons are actually designed to hold about 85,000 prisoners. The results of stuffing 170,000 men and women into spaces intended for half as many sparked a lawsuit by the Prison Law Office, a non-profit law-firm that protects prisoners' rights. Resolving the situation doesn't have to be that painful -- and may even offer an opportunity.
An opportunity? You bet.
Of those 170,129 inmates, 33,738 people, or 19.8%, were imprisoned for drug crimes. The largest proportion of those inmates -- 13,456 -- were serving time for simple possession. But really, none of these people should suffer legal penalty simply for using or trading in officially disapproved intoxicants with other willing adults. If California is serious about alleviating its prison overcrowding problem and leaving some room for real criminals, returning this one-fifth of the inmate population to freedom is a good place to start.
Where else to go from there?
Well, 6,530 people, or 3.8% of the prison population, were behind bars at the end of 2007 for simple possession of a weapon. Given California's increasingly draconian laws, that's all too easy a "crime" to commit without actually doing anything wrong. Turn them loose, too, unless they face other charges for crimes against people or property.
Inmates convicted of prostitution and gambling are probably classified among those prisoners held for "other sex offenses" (2,776) and "other offenses" (3,903). Let them go. And tell them to have fun, while they're at it.
Do that and you've already released more than half of the required inmates without setting free a single murderer, rapist or burglar, without tinkering with sentences, and without building another prison. By letting loose inmates who never did anything wrong, California could start to alleviate its prison overcrowding problems even as it creates a more-free society, without breaking a sweat.
The effort would even save money -- a matter which might be of interest just about now.
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Comments
No talk on California's prison system is complete without talking about the elephant in the room. ILLEGAL ALIEN CRIMINALS. They constitute from
10 to 30 % of the prison population.
Do you release THEM? Or deport them?
So when these ladies and gentlemen are released, where do they go to get jobs???? Last I heard, law abiding people are having problems gettings jobs! Just a thought!
Gov. Arnold Schwarzenegger continues to prove that he is not qualifies and capable to be the Chief Executive Officer of the state. As for deporting them, I am willing to bet that most of the will be back in our state within a few days. The violent, predators that will be released will become a burden upon local law enforcement, and a threat to the local population. Terminate the so-called terminator. He is not qualified to hold any office.
good ! glad to hear it thank you judges
13.5K for simple possession. Wow. California (and the rest of America) has a real schizophrenic issue w/ drugs. Good start releasing some of those people.
the government isn't looking to make a FREE society.
I expect the violent to be released, it's how they plan to rally the sheep to shear themselves.
Problem. (violent criminals released) Reaction. (bleats for more police, more taxes, more laws)
Solution. (government gets bigger, goto problem)
As it stands now drugs are illegal, meaning they fetch a premium price for the added risk on the dealers part. I'm sure some of these folks don't fit the nonviolent model. First step is for the judges to strike down the drug laws otherwise we're right back into the same old problem of crime fueled by drugs, and government expansion and control fueled by the crime they create by passing bogus laws.
The battered wife approach we take to government has got to stop before anything else can happen.
The majority of inmates are non violent, I have 5 kids and I worry about traffic! Release all non-violent offenders.Put the money back into education where you stole it!
This case came after a decade of federal court orders. The exasperated judges demanded the state improve it's facilities and personnel.This is the appointment of the most powerful receivership since the days of forced racial integration in the South, and after scores of prisoners who committed suicide or died preventable deaths.
California is the only state in the nation that paroles 98 %. "Everyone goes on parole in Californa"
This is the major reason for the overcrowding. 70% of parolees were sent back to prison in 2008, not for new crimes, but for technical violations.
Our legislature has added thousands of new penalties, and we don't track how judges are sentencing people on a statewide basis. We don't have a sentencing policy.
This case will shine a harsh light on the failures of our state government to address this problem for years.
Camslaw, Since when is it a crime not to find a job? So they remain locked up, because California got into this mess?
Happy Indep,
Do we release illegals, or deport them?
California does not want to deport, since other countries don't have the same sentences that we have, and they want them to serve their time here. Some, if deported, would be released by their countries, only to come back again. It's become a crime to be poor in California.
Larry Linn,
Violent offenders will not be released. What a assinine statement.
They will be able to reduce the prison population just by reforming our parole system, or by reducing a small amount of time off the non violent, non dangerous inmates. These inmates will be evaluated. Their shortened sentence of two months isn't going to make a difference to our public safety.
While, the law makers are trying to use their typical scare tactics to tell the public otherwise. If the taxpayers would rather pay higher taxes, eliminate school programs, services to seniors, and the disabled, to lock up every non violent, for every low level crime, rather then educate themselves on the truth, and those that lie to protect their incomes and power, than go ahead and stick your head in the sand and beleive them all, but we will all pay a high price.
This isn't going to work. California's recidivism rate is nearly 80% for "low-risk" offenders, the door is going to just be revolving round and round. The State shouldn't leave it up to the CDCr to release certain inmates, there is no intelligence that thrives within the Department of Correction. Without family support, education, a job, the "low-risk" inmates will be back. Each inmate needs review by an intelligent panel, there are a lot of LWOP inmates that would be safer on the outside than the so called "low-risk" inmates. California needs to be smart on crime, dig deep for intelligence on the release of inmates.
Posters, Let's not squabble over who should be released. Let's just pray that they are able to reduce the prison population so that those that do remain are able to get some help, to stop the suffering of some, and save some tax money for some other important issues.
The problems in the state of California could have been avioded. If inmates had been released years ago, the state would not be broke now. It is way past time and we need to release inmates immediately and help them to get on with their lives. Stop violating offenders over minor insignificant matters and the recidivism will fade away. It is the whole system that needs to join the efforts to get California back on its feet. Stop trying to make money from filling the prisons to the max. It does not work!!
Yeah, drugs are clearly not a problem. I think that the 843 murders right across the border in the drug war should spur California to go ahead and enable government provided drugs under our new national health care program.
God help you people in CA, you are going to need it. Just hope statistics favor you and your loved ones in this time so that your state can save a buck. Those that are not so fortunate, I hope the ACLU and the bloggers empathize for the civil rights violation against you or a loved one by the recently freed criminal.
LET THEM FREE:WHEN THE STATE OF CALIFORNIA REALIZED ALL THEY HAVE IN PRISONS IS NOTHING BUT ANGELS? THIS IS WHAT THE SYSTEM DOES IN ORDER TO SAVE SOME MONEY NOT REALIZING HOW MUCH NEGATIVE IMPACT THIS WILL HAVE ON SOCIETY BY LETTING THIS (CRIMINALS)PEOPLE BACK ON THE STREETS.
NOT A BIG DEAL, DRUG CHARGES! SHAME ON YOU STATE OF CALIFORNIA.
A CRIME IS A CRIME AND WHEN SOCIETY COMMITS ONE, A PUNISHMENT WILL BE THERE.
Why don't you people open your ears and eyes? You have thousands of people in Prison JUST for Child Support! THAT'S A CRIMINAL? In this bad economy so many are losing their jobs. NOT everyone in Prison is a MURDERER or RAPIST and besides why is it ONLY California has this problem? huh? M'be you need a REAL Governor and not an Actor LOL...yah everyone's an actor in California!
No one is saying anything about the innocent that has been locked up for crimes they didn't commit. Yet the state will allow them to stay in prison so they want have to admit they were wrong. I would rather admit my wrong doing now than having to face God when the time comes. We all know there are a lot of innocent people in prison especially in California accused of crimes including murders they didn't commit.
THE PROBLEMS STARTS WITH CROOKED AND CORRUPTED LAW ENFORCEMENTS AGENT THAT FALSIFIES POLICE REPORTS AND COMMITS FELONY PERJURY ON THE STANDS TO GET CONVICTIONS. I HAVE WATCHED OVER AND OVER AGAIN CROOKED POLICE OFFFICERS, CORRUPTED JUDGES AND PROSECUTORS PLOTTED TO CONVICT INNOCENT VICTIMS. THIS HAVE CAUSED A CONSIDERABLE AMOUNT OF PRISON OVERCROWDING, AND IS ALSO THE REASONS WHY THE ASSEMBLY REJECTED A NEW SENTENCING COMMISSION. AWARE
This is a great idea, because I know people that could do something better out of prison. Only that the authorities have to make a good selection as: education, good behavior, cooperation...
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